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CITY COUNCIL AGENDA October 22, 2012 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Minutes — October 9, 2012 b) Resolution #97, 2012 — Ordinance Legal Notice Procedures C) Resolution #98, 2012 — Bike Share Equipment Purchase Contract d) Resolution #99, 2012 — State of Colorado FASTER-Transit Grant Agreement e) Resolution #100, 2012 — Contract Front End Loader f) Resolution #101, 2012 — Contract John Deere Motor Grader VII. First Reading of Ordinances VIII. Public Hearings a) Resolution #102, 2012 — Jewish Community Center Temporary Use b) Resolution #103, 2012 — South Aspen Street Lodge Conceptual PUD IX. Action Items X. Adjournment Next Regular Meeting November 12, 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. V( b MEMORANDUM TO: Mayor Ireland and City Council FROM: Kathryn Koch, City Clerk DATE: October 11, 2012 RE: Resolution#97, Series of 2012 - Legal Noticing of Ordinances REQUEST OF COUNCIL: Adopt Resolution#97, Series of 2012, amending the procedures staff uses to publish notice of ordinances. BACKGROUND: In November 2010, the electorate approved a Charter amendment to require "publication" of ordinances on the Internet rather than in a newspaper. Aspen citizen Bob Nix expressed concern about how the public would be kept informed on public hearing dates of ordinances. In response to Nix's concerns expressed in 2010, staff drafted and presented to Council Resolution#20, Series of 2010, about the procedure staff would follow to continue to have public notice of ordinances and their public hearing date in a newspaper. Nix states he is concerned this procedure could later be easily changed by staff. Below is Section 4.6 of the Charter of the City of Aspen indicating resolutions are Council acts. This resolution was presented to and acted upon by City Council as an administrative action and can only be changed by the same method. Section 4.6. Council acts. The council shall act only by ordinance, resolution or motion. All legislative enactments shall be in the form of ordinances; all other actions, except as herein provided, may be in the form of resolutions or motions. A true copy of every resolution as hereafter adopted shall be numbered and recorded in the official records of the city. Nix states "everything that was formerly required to be published in the newspapers concerning ordinances can now be hidden on the Internet without even titles being published in the newspaper". The resolution adopted by Council contains an example of legal notice with summary. What the resolution does not state that the short summary be published in a local paper, which I believe is an oversight. Staff has been publishing the summary legal notice since the resolution was adopted. LEGAL NOTICE ORDINANCE#24, 2012 PUBLIC HEARING Ordinance 924, Series of 2012, was adopted on first reading at the City Council meeting September 24, 2012. This ordinance, if adopted, will grant a twenty year non-exclusive franchise to SourceGas, if approved by the electorate in November 2012. The public hearing on this ordinance is scheduled for October 9, 2012 at 5 PM, City hall, 130 South Galena. To see the entire text, go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Legal-Notices/ If you would like a copy FAXed or e-mailed to you, call the city clerk's office, 429- 2686. Nix has suggested I add "or mailed"to the final line, which has been done. I will also add a link to Resolution#97, Series of 2012 on the website. Nix also suggests incorporating upcoming ordinances, a summary and a public hearing date in the e-mail newsletter service. RECOMMENDED ACTION: • Adopt Resolution#97, Series of 2012, which includes that the legal notice (example above) be published in a local newspaper • Add "or mailed"to the legal notice • Link the resolution outlining legal notice procedure to the city's website • Work with Mitzi Rapkin to include ordinance public hearings and adoption dates and summaries in both the weekly ad and in her e-mail blasts. By adopting the consent calendar, Council is adopting Resolution#97, Series of 2012, establishing procedures for staff to follow in noticing of adoption of ordinances. RESOLUTION #97 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AMENDING THE PROCEDURES ESTABLISHED FOR PUBLICATION OF ORDINANCES WHEREAS, Ordinance #19, Series of 2010, was approved by the voters in November 2010, which ordinance amends Section 4.10(h) of the Charter of the City of Aspen to allow ordinances to be published in full or by title by posting to the city's internet website; and WHEREAS, Resolution#20, Series of 2011, adopted by Council February 28, 2011, established procedures for such posting of ordinances, and WHEREAS, Resolution#20, Series of 2011, did not mention that the abbreviated legal notice should be published in a newspaper, which was staff's intention. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1 Before City Council causes the first reading of any proposed ordinance, the City Clerk, shall post the entire proposed ordinance on the City of Aspen's Internet website in a section entitled "Legal Notice". The notice shall provide a short summary of the ordinance and indicate the date(s) of any scheduled public hearings and the date scheduled for second reading of the proposed ordinance. This notice shall be published in a local newspaper in accordance with Section 4.10 of the Charter of the City of Aspen. LEGAL NOTICE ORDINANCE#XX, 2012 PUBLIC HEARING Ordinance#XX, Series of 2012, was adopted on first reading at the City Council meeting (date). This ordinance, if adopted, will (provide short summary). The public hearing on this ordinance is scheduled for(insert date) at 5 PM, City Hall, 130 South Galena. To see the entire text, go to the city's legal notice website http://www.aspenpitkin.com/Departments/Clerk/Legal-Notices/ If you would like a copy FAXed, mailed or e-mailed to you, call the city clerk's office, 429-2686. 2. The city clerk's office will use other methods of communicating ordinances being considered by Council, such as e-mail newsletters and the weekly newspaper ad. 3. Following the adoption of all ordinances, the City Clerk shall cause to be posted on the city's Internet website the entire ordinance as adopted by the City Council and shall indicate the effective date of the ordinance. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of October 2012. Dated: Michael C. Ireland, Mayor 1, 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 October 22, 2012. Kathryn S. Koch, City Clerk MEMORANDUM V1 TO: Mayor and City Council FROM: John Krueger and Lynn Rumbaugh, Transportation THRU: Randy Ready, Assistant City Manager DATE OF MEMO: October 15, 2012 DATE OF MEETING: October 22, 2012 RE: Bike Share Equipment Purchase Contract REQUEST OF COUNCIL: This memo requests that City Council approve the attached resolution approving a contract between the City of Aspen and Public Bike Systems Company(PBSC) (vendor) for the purchase of bike share system components for a bike share system scheduled to launch in the summer of 2013. The funding for the purchase of the bike share components is through a combination of City and County Congestion Management and Air Quality(CMAQ) grant funds. The City contributed $35,000 and the County contributed $200,000 in CMAQ grant funds for a total of$235,000. The City and County must each provide the local match (about 20%) of their CMAQ contribution. The City's local match and out of pocket expense only will be$6,023.00 for the entire project . The City will only own one bike share station. PREVIOUS COUNCIL ACTION: • In fall 2010 Aspen City Council signed a vending agreement with WE-cycle approving four station locations on public rights of way including the use of one public parking space for which WE-cycle will pay the associated fees. The agreement also approved sponsorship and messaging surfaces on the bikes and stations on which WE-cycle may communicate instructions and safety messages with its users and may recognize its partners and sponsors. • In early 2011, Council approved the use of CMAQ funding for the purchase of one bike share station. • In July 2011, Council approved contract AQC M045-010 (18562) between the City and CDOT in the amount of$35,000.00 for the purchase of one complete bike share station. 1 • In January 2012, Council approved an amended contract with CDOT for$235,000.00. The additional $200,000.00 represented Pitkin County's CMAQ fund contribution of $200,000.00 to the overall project which the City would continue to oversee. The City's financial obligation did not change as a result of this amendment(see Financial Implications below). BACKGROUND: Bike sharing typically involves a number of bicycles made available for shared use as a means of increasing mobility options and reducing traffic congestion and air pollution. Bike share programs are often considered a part of the "last mile" solution for transit, meaning that a bicycle can provide transit users with the link between their station/stop and their final destination. The same can hold true for the link between bike sharing and car sharing,trail use, carpooling and other alternative transportation modes. Recognizing this link and the opportunity for increased bicycle mode share and thus decreased PM-10 pollution, CDOT approved the use of$35,000.00 in City CMAQ funding for the purchase of bike share system components to be owned by the City of Aspen and operated by WE-cycle. In late 2011, after numerous meetings, Pitkin County opted to purchase $200,000.00 in bike share equipment using its CMAQ funding. Pitkin County and the City of Aspen were directed by CDOT to combine their CMAQ projects into one, both for expediency and to avoid the possibility of two separate vendors being selected through the two different bid processes that would have otherwise been required. In January 2012, City Council approved the acceptance of the County's $200,000.00 in CMAQ funding. The City of Aspen will still, at the end of the process, only expend $6,025.00 in matching funds and own only one bike share station. Pitkin County will pay the City of Aspen its $200,000.00 share of the grant funds and retain ownership of$200,000.00 in bike share equipment. It is important to note that changes to the contract process at this juncture will result in a need to start the entire grant contracting process over with CDOT. This will delay the bike share program by at least one year. DISCUSSION: In late 2011, a team of City, County and WE-cycle staff issued a Request for Proposals for this equipment. Following a lengthy review of the proposals and the various vendor's options and costs, and references,the team selected to contract with Public Bike Systems Company(PBSC). CDOT has approved this vendor and directed City staff to move forward with the contracting process. A contract executed this fall is necessary to accommodate the production lead times needed for delivery and installation of the bike share components for a May 2013 WE-cycle launch. FINANCIALIBUDGET IMPACTS: The net financial impact to the City of Aspen will only be the local match portion of the CMAQ grant in the amount of$6,023.00. The City will own only one kiosk. The County will own the rest of the kiosks and have their own agreement with We-cycle. 2 Project Federal Local WE- Total cycle* City bike share $28,977.00 $6,023.00 $35,000.00 equipment (from the City's Transportation Demand Mitigation Fund) County bike share $165,580.00 $24,666.00 $9,754 $200,000.00 equipment (from the County's Air Quality Impact Fund) Total $194,557.00 $30,689.00 $9,754 $235,000.00 *WE-cycle will be expending additional funds to purchase an operational bike sharing system with monies raised from its Founding Partners (RFTA,Aspen Institute,Aspen Meadows,Aspen Skiing Company,City ofAspen,Pitkin County, TheMyersRobertsCollective)and private donors. ENVIRONMENTAL IMPACTS: In the 1980's,the City of Aspen was designated a PM-10 (particulate pollution sized 10 microns or less)non-attainment area by the U.S. Environmental Protection Agency. A number of mitigation measures including free transit, paid parking and an anti-idling ordinance helped Aspen receive a PM-10 maintenance designation in 2003. However, Aspen continues to be challenged in maintaining and meeting future air quality standards. Programs that decrease the need for vehicle ownership and/or single-occupant driving are key to reducing PM-10 levels. Bike sharing is an example of such a program. RECOMMENDED ACTION: Staff recommends approval of the attached resolution. ALTERNATIVES: Council could choose to decline the vendor contract. This would result in a new RFP process or a request to CDOT to discontinue this project and essentially end the We-cycle program. It is important to note that changes to the contract process at this juncture will result in a need to start the entire grant contracting process over with CDOT. This will delay the bike share program by at least one year. PROPOSED MOTION: "I move to approve Resolution# (✓ of 2012 on the consent calendar of October 22, 2012. CITY MANAGER COMMENTS: . O 3, 3 ATTACHMENTS: Attachment A: Proposed Resolution Attachment B: Procurement&Professional Services Contract(2012-047) 4 RESOLUTION #CKJ (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND PUBLIC BIKE SYSTEMS COMPANY 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 bike sharing system components, between the City of Aspen and Public Bike Systems company, a in the form 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 bike share system components, between the City of Aspen and Public Bike Systems Company, a copy of which substantially in form attached is hereto in, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen, subject to the final approval of the City Manager and the City Attorney. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of October 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, October 22, 2012. Kathryn S. Koch, City Clerk 5 ATTACHMENT B - CONTRACT DOCUMENTS The Oily of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT -2010 Olivflaorne4's Office PROCUREMENT SUPPLY AND PROFESSIONAL SERVICES City of Aspen Project No.: 2012-047. AGREEMENT made as of 22nd day of October, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen Procurement: $235,000.00 c/o Transportation 130 South Galena Street Professional Services: $ Aspen, Colorado 81611 Total: $235,000.00 Phone: (970) 920-5055 If this Agreement requires the City to pay And the Professional' an amount of money in excess of • $25,000.00 it shall not be deemed valid until it has been approved by the City Public Bike System Company Council of the City of Aspen. Gian-Carlo Crivello City Council Approval: 2113, 32e Avenue Date: October 22, 2012 Lachine (Qc) H8T 3J1 Phone: 514 789-2494 Resolution No.: For the Following Project: Bike Share System Components Exhibits appended and made a part of this Agreement: Exhibit A: List of supplies, equipment, or materials to be purchased. Exhibit B: Scope of Work. Exhibit C: Cost Breakdown 7 The City and Professional agree as set forth below. SUPPLY PROCUREMENT 1. Purchase. Professional agrees to sell and City agrees to purchase the supplies, equipment, or materials as described in Exhibit A, appended hereto and by this reference incorporated herein, for the sum of set forth above. 2. Delivery. (FOB to destination in Aspen, Colorado 81611 yet to be determined). 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid or Request for Proposals and said Contract Document are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. Warranty information included in Exhibit A. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Professional respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Professional shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. PROFESSIONAL SERVICES 6. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit B attached hereto and by this reference incorporated herein. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than April 1, 2013, with the installation and operation of all the equipment no later than April 1, 2013. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall 8 not exceed those hourly rates set forth at Exhibit C appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non-Assi ang bility. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors' officers, agents and employees,each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 9 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission,or other fault of the City, its officers,or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission,or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND 10 DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00)each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1;000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the 11 required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by ' the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or 12 religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens — CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07- 1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. 13 "Services" means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. 14 (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8- 17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply 15 with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 16 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: 17 [Signature] [Signature] By: By: [Name] [Name] Title: Title: Date: Date: Approved as to form: City Attorney's Office • JPW-10/11/2012-6568448-M:\city\purchasing\Templates\Procurement&Prof Serv\Procurement&Prof Serv.doc 18 Exhibit A STATION The BIXI System is a fully integrated and self-sufficient public bike system that was designed from a clean sheet to seamlessly integrate all its components, both hardware and software. The stations and their components are modular and portable and designed to fit harmoniously into their urban surroundings. The BIXI System is highly resilient due to its independence from external power sources. The system is fully autonomous because it uses solar power and wireless communications, eliminating dependence on telecom cabling and electrical grid connectivity, thus reducing associated costs, excavation needs, as well as installation and start-up times. Station-wide electrical requirements are powered by a constant supply from two batteries. This ensures that power failures across the grid would in no way affect the BIXI System and not compromise the continuity of operations. A station is comprised of a technical platform on which docking points and a terminal are mounted. Because of the modularity of the system, each station can easily be expanded to meet demand at any moment, but preparatory analyses carried out jointly by a municipality and the Public Bike System Company typically dictate optimal station configuration. Because the size and geometry of a station are expected to vary considerably from one location to another, or even from one time to another, the BIXI System is designed to allow maximum flexibility with minimal disruption to its urban surroundings. Typically, the station includes: ➢ A wireless terminal where users, subscribers and occasional riders may carry out a wide range of transactions. ➢ A variable number of docking points where bicycles are secured when not in use. All components are seamlessly integrated into the technical platform and easily interconnected ("Plug and Play')without the need for costly excavation or preparatory work. As knowledge is gained regarding patterns of use, the stations may be relocated and resized to accommodate fewer or more bicycles within specific urban areas. At the same time, they may be reconfigured in a wide range of geometries(L-shaped, U-shaped, circular,etc.) using a variable number of docking points. TERMINAL This is the bicycle station component where all communications are linked between the bicycles, the docking points and the BIXI Control Center. It is also the place where non-subscribers and occasional users such as tourists are able to secure a temporary membership so they too may use the bicycles. Moreover, the terminal can be set up to provide a wide range of additional services. Thanks to its communications device, credit card processing capabilities and multi-function user interface, the terminal may be configured for special event tickets, coupons, public transportation passes and other information useful to residents and visitors. 19 DOCKING POINT This is the module where bicycles are parked and locked when not in use. It is also the point where subscribers can check in and check out a bicycle by simply inserting a BIXI-key or smartcard in the reader. This unique feature allows multiple users to pick up and return bicycles concurrently, without delays or the need to stand in line. This is also a major advantage and another proof that the system is truly intended as an extension of the existing public transportation network. BIXI enables multiple users to simultaneously secure or return a bicycle during rush hours and at busy locations. In compliance with BIXI's rigorous standards for modularity and flexibility, docking points feature all the characteristics needed to make the system adaptable to changing needs: ➢ Uniform "Plug and Play" modules enable an easy fit into the technical platform. ➢ Made from aluminum—resistant to corrosion. ➢ Easy to remove, replace and repair. ➢ Virtually no downtime. ➢ Simple and easy-to-use interface. ➢ Front-end protector that also serves as an anti-theft mechanism. ➢ Breakdowns may be reported directly from the bike docking point. TECHNICAL PLATFORM This is the physical support onto which docking points and terminals are mounted. As such, it is the base and hub for all electronic communications between a docking point and the terminal. Its unique modular design makes the station truly flexible: ➢ The same base is used to mount the terminal or docking point. ➢ Its "Drop and Go" design makes the station completely portable. This makes the BIXI System capable of accommodating special events, such as festivals and other events, in a matter of days. ➢ Uniform modules enable"Plug and Play" expansions of the system. ➢ No construction, excavation, or site preparation is needed; no damage is done to the area where pavements are placed. In turn, this means the stations are easy to install, maintain, relocate or even remove. HIGH-TECH COMMUNICATION FEATURES The BIXI System uses a variety of communication technologies throughout. Bicycles signal their presence in a secured docking point via an RFID chip embedded within the bicycle. The docking points are all daisy- chained to each other and to the terminal using RS485 cable. With this architecture, a large number of docking points can easily be connected to the terminal. The terminal is then linked to the central system by a GPRS link. The Key/ Smartcard x� rELO 20 The Key / Smartcard are an RFID-embedded. Upon registration, each user is given a Key or Smartcard which allows registered users to bypass the terminal and go directly to a docking point and choose the bicycle they want. To check a bike out, members simply insert the key/Smartcard into a docking point of their choosing, and upon account validation, are then free to take out a bicycle. The Key is also a great and simple means of promoting the system. Because the Key is designed to go onto a keychain, it incites word of mouth and encourages registered members to share their experience and interaction with the system with others. Likewise, it also allows registered members to identify with a community of members with a shared passion for cycling. BACK OFFICE The software backend provides on-the-ground operators and program administrators with a complete suite of tools for real-time management of the system in order to facilitate maintenance, repair and redistribution. The system allows the aforementioned individuals to check at all times the critical conditions such as: ➢ The number of hubs and bicycles available in real time at any location and at any given time; ➢ The functional status of any bicycle, wherein users may notify bicycle malfunctions upon returning a bicycle to a station which in turn triggers a response from the control center and a real time work order to the ground maintenance crew; ➢ The real time status of key station components, such as the communications devices, solar panels and electronics; ➢ Traffic and usage patterns of stations and bicycles; ➢ The real time priority redeployment needs of bicycle hubs and bicycles at any station; ➢ Real-time locating of any bicycle at any station in the network. Other useful usage data that the system generates includes: ➢ Vehicle miles travelled ➢ Number of trips and their duration ➢ Number of each customers with each type of membership ➢ Number of rentals ➢ Number of rentals per member per day,week or month ➢ Average number of miles biked per user(information available for users) ➢ % of additional time granted when the station is full ➢ Number of bikes in service per day, month ➢ Average repair time for bicycles needing repair ➢ % up time ➢ Time to respond to requests for stations ➢ Number of bicycle hubs used per day ➢ Number of repeated calls to report problems on the most needed spare parts Additional statistics and data are available. 21 *All collected information falls under the protection of the current local legislation and regulations. The software backend also provides a safe transactional environment for member subscriptions and casual users as well as account management features including the issuance of statements for subscribers. All our transactions are processed from our secured site by one of the industry leaders, Global Payments which is one of the world's largest electronic transaction processing companies, headquartered in Atlanta, Georgia, USA. "Global Payments has operations located throughout the United States, Canada, Europe and the Asia-Pacific region to serve millions of consumers and merchants, hundreds of organizations and financial institutions.and scores of government agencies that use Global Payment acquiring, processing, network communication, internet, gaming and money transfer services." 22 SCHEDULE B TECHNICAL DRAWINGS OF THE STATION 118 it 29.54 17.87 17.88 130001 1750.2] (301,5] 1454,11 33.00 1 1 !836,2] 70.77 [1797.51 11.75 15.96 1298.61 (406.1( 128.91 (3274,21 71.39 71 B 13.3] 33.74 [85116.97 L i 23 Exhibit B STATION SETUP / installation We-Cycle, the operator, will coordinate with PBSC for installation and training support. Tools required for assembly, maintenance and installation are mainly commonly found hand tools. (Detailed list will be provided upon request) Special tools: • A tap and die set for the cassettes • A set of lifting straps. For the transport and installation of the platforms the following two options are available; A) Flat bed truck to transport the Plates along with a fork-lift to deposit on the ground. B) Hydraulic arm on a flat bed truck. Technical Support First-Level. Unless otherwise agreed in writing between the Parties, local operator shall be responsible for the day to day operation of the system. Second-Level Technical Support Services. PBSC will provide a Second-Level Technical Support through telephone assistance service. The telephone assistance service of PBSC is available between 8:00 a.m. and 8:00 p.m. North American Eastern Time, from Monday to Saturday. Except for holidays in effect in the province of Quebec, Canada. The purpose of the telephone assistance service of PBSC is to attempt to identify and resolve functional problems in the Product. Its purpose is not to identify nor resolve functional problems of other software or equipment used in conjunction with the Product, to provide technical support to End-Users, nor to provide training services with regards to the Product. We also have the helpdesk e-mail. Fulfillment timeline and process Timeline: • Equipment will ship 16 weeks after signed contract and Purchase order. 25 Exhibit C Cost Breakdown Exhibit C Price Per Unit Units (USD) Total Price Kiosk pillars, solar 8 $10290 $82320 Kiosk technical platform 32 $1 090 $34880 Docking Point 123 $745 $91635 Cable Black(docking point) 129 $64 $8256 Red (terminal) 8 $64 $512 Terminator plug 8 $38 $304 Map Frame 8 $1 509 $12072 Shipping (per full truck load) 1 $5000 $5000 Total $234979 26 V144 MEMORANDUM TO: Mayor and City Council FROM: John D. Krueger and Lynn Rumbaugh, Transportation THRU: Randy Ready, Assistant City Manager DATE OF MEMO: October 11, 2012 MEETING DATE: October 22, 2012 RE: State of Colorado,FASTER-Transit Grant Agreement REQUEST OF COUNCIL: City Transportation staff is requesting approval of Resolution NO. (q'q of 2012 allowing the City Manager to sign and execute the attached Funding Advancement for Surface Transportation & Economic Recovery(FASTER)Transit Agreement between the State of Colorado, acting by and through the Colorado Department of Transportation, Division of Transit and Rail and the City of Aspen. This grant agreement is for the purchase of two replacement shuttle vehicles to be used on the City of Aspen local transit system. The total project budget is $150,000. The state FASTER grant share is 80% or $120,000 and the City of Aspen's local share is 20%or $30,000. PREVIOUS COUNCIL ACTION: There has been no previous Council action taken on this request. BACKGROUND: The Colorado Department of Transportation (CDOT) administers FASTER funds for the Federal Transportation Administration (FTA). The funds were generated by the FASTER transportation legislation approved by Colorado lawmakers in 2009 for the purpose of bridge reconstruction, highway safety projects and transit primarily through an increase in vehicle-registration fees in Colorado. Page 1 of 3 DISCUSSION: The City of Aspen applied for and has been awarded FASTER grant funding for the replacement of two shuttle vehicles in 2013. The total award was for $150,000 of which the state FASTER grant share will be $120,000 (80%) and the local City of Aspen share will be $30,000 (20%). The two new shuttle vehicles will replace older shuttle vehicles that have reached the end of their useful life. The replacement vehicles will allow continued reliable service for the over 1 million passengers that use the local transit service each year. Newer shuttle vehicles will enhance the passenger experience while keeping maintenance costs at a minimum. FINANCIALBUDGET IMPACTS: The total grant award is for $150,000. The state FASTER share will be $120,000 or 80% of the total. The local City share will be$30,000 or 20%. The full cost of the replacement shuttles was included in the 2012 Transportation Fund capital budget. Transportation department staff then applied for and was successful in obtaining the FASTER grant award. The FASTER grant award reduces the cost of replacing the shuttle vehicles to the local share of $30,000, resulting in substantial savings for the Transportation Fund. ENVIRONMENTAL IMPACTS: The purchase of these vehicles directly relates to the City's goal of keeping traffic at 1993 levels while reducing PM-10 air and other air pollution through the encouragement of alternative transportation. RECOMMENDED ACTION: Transportation staff recommends that City Council approve Resolution No. allowing the City Manager to sign and execute the FASTER Transit Agreement between the State of Colorado and the City of Aspen for the purchase of two replacement shuttle vehicles for use on the local transit system. Page 2 of 3 ALTERNATIVES: Should City Council choose not to sign this agreement, Transportation staff could purchase these vehicles using 100% local funds. PROPOSED MOTION: I move to approve resolution Nog, allowing the City Manager to sign and execute the FASTER Transit Agreement between the State of Colorado and the City of Aspen for the purchase of two replacement shuttle vehicles for use on the local transit system. CITY MANAGER COMMENTS: Keli tc�rte. r� uc a - A T T A I;M�E NTS: Resolution No. State of Colorado, CDOT, Division of Transit and Rail, FASTER Transit Service Agreement Page 3 of 3 RESOLUTION NO. ( Series of 2012 1 A RESOLUTION OF THE CITY OF ASPEN,COLORADO,APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION, DIVISION OF TRANSIT AND RAILTO ENTER INTO A Funding Advancement for Surface Transportation & Economic Recovery(FASTER) GRANT AGREEMENT,AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS,- the City of Aspen -seeks to improve air quality by reducing PM-10 pollution via encouraging alternative commute modes; and WHEREAS the City of Aspen has received a FASTER grant award for the purpose of purchasing two transit shuttle vehicles; and WHEREAS the agreement between the City of Aspen, Colorado and the Colorado Department of Transportation, copies of which are annexed hereto and made a part thereof, and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves this AGREEMENT between the City of Aspen, Colorado, and the Colorado Department of Transportation, copies of which are annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 22nd day of October,2012. Michael C. Ireland, Mayor 1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S.Koch, City Clerk CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 or17�f 11hr SSitC Co3hollar i ussrapw�+e�.�rer CDOT-05C Contract Template Approval Form Template Approval Type: X New Template Approval [] Template Renewal If So,Date of last Approval: Documentation of Previously Approved Template Template Name: Contract Type: FASTER-Transit Grant Ternplate Description/Purpose: To disperse Strategic Transit Project Funds CDOT Contracting Unit: Center of Procure ment end Contract Services COOT Template Owner(Primary): CDOT Template Owner(Secondary); 'CDOT Controller's Office Divlslon of Transit&Rail Phone:303-757-9752 Phone.303-757-9768 E-mail:Iason_kotxkeriLDdvt•state.co.us E-Malh tom.mauser@dat.state.co.us Date Approved by DSC: Date of Next Renewal: l2 Years Iron kit q Vrovni?) CDOT Approver Name: COOT Approver Signature: Mark Imhoff Phone:303-757-9007 E-mail;mark.imhoffPdat.state_co.us f' OSC Approve r Name: OSCApp rover Si nature: RaLea Sluga Phone:303-866-2127 E-n)all:Ralea sluga4.1state.ro.us 6 Last Rev:12/1&J2010 FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 STATE OF COLORADO Colorado Department of Transportation Division of Transit and Rail FASTER-Transit Grant Agreement with City of Aspen TABLE OF CONTENTS 1.PARTIES...................................................................................................................................................................1 2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY......................................................................................1 3.RECITALS................................................................................................................................................................2 4.DEFINITIONS..........................................................................................................................................................2 5.TERM........................................................................................................................................................................3 6.SCOPE OF WORK...................................................................................................................................................3 7.PAYMENTS TO GRANTEE....................................................................................................................................4 8.REPORTING-NOTIFICATION.............................................................................................................................5 9.GRANTEE RECORDS.............................................................................................................................................6 10.CONFIDENTIAL INFORMATION-STATE RECORDS......................................................................................6 11.CONFLICTS OF INTEREST.................................................................................................................................7 12.REPRESENTATIONS AND WARRANTIES.......................................................................................................7 13.INSURANCE..........................................................................................................................................................8 14.BREACH.................................................................................................................................................................9 15.REMEDIES...........................................................................................................................................................10 16.NOTICES and REPRESENTATIVES..................................................................................................................12 17.RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE.............................................................12 18.GOVERNMENTAL IMMUNITY........................................................................................................................12 19.STATEWIDE CONTRACT MANAGEMENT SYSTEM................................................................................... 12 20.GENERAL PROVISIONS....................................................................................................................................13 21.COLORADO SPECIAL PROVISIONS...............................................................................................................15 22. SIGNATURE PAGE.............................................................................................................................................18 EXHIBIT A(Scope of Work and Budget) EXHIBIT B (FASTER Program Requirements) EXHIBIT C(Grantee Payment Checklist) EXHIBIT D(49 CFR 18 Subpart C) EXHIBIT E(General Procurement Standards) EXHIBIT F(State and Grantee Commitments) EXHIBIT G(Option Letter) EXHIBIT H(Security Agreement)(this will only be used for purchase of transit vehicle(s)or equipment) EXHIBIT I(State or Federal-Aid Project Agreements with Professional Subgrantee Services)(this will only be used if a Transit Construction Grant) EXHIBIT J(Grantee Contract Administration Checklist) (this will only be used if a Transit Construction Grant) 1.PARTIES This Grant Agreement("Grant")is entered into by and between City of Aspen("Grantee"), and the STATE OF COLORADO acting by and through the Colorado Department of Transportation,Division of Transit and Rail("State or"CDOT").Grantee and the State hereby agree to the following terms and conditions. 2.EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Grant shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee("Effective Date").The State shall not be liable to pay or reimburse Grantee for any FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 1 CDOT-Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 performance hereunder,including,but not limited to costs or expenses incurred, or be bound by any provision hereof prior to the Effective Date. 3. RECITALS A. Authority,Appropriation,and Approval Authority to enter into this Grant exists in CRS §§43-1-106,43-1-110,43-1-117,43-2-101(4)(c)as amended and funds have been budgeted, appropriated and otherwise made available pursuant to CRS §43-4-811(2) and a sufficient unencumbered balance thereof remains available for payment.Required approvals,clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Grant. C. Purpose The purpose of this Grant is for CDOT to disperse FASTER Transit Program Funds to Grantee to conduct work within the provisions of this Grant.The work to be completed under this Grant by the Grantee is more specifically described in Exhibits A and B. D. References All references in this Grant to sections(whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections,exhibits or other attachments contained herein or incorporated as a part hereof,unless otherwise noted. 4. DEFINITIONS The following terms as used herein shall be construed and interpreted as follows: A. Budget "Budget"means the budget for the Work described in Exhibit A. B.Evaluation "Evaluation"means the process of examining Grantee's Work and rating it based on criteria established in§6,§19,and all Exhibits. C. Exhibits and other Attachments The following are attached hereto and incorporated by reference herein: Exhibit A(Scope of Work and Budget),Exhibit B (FASTER Program Requirements),and Exhibit C(Grantee Payment Checklist), Exhibit D(49 CFR 18 Subpart C),Exhibit E(General Procurement Standards),Exhibit F(State and Grantee Commitments),Exhibit G(Option Letter),Exhibit H(Security Agreement), Exhibit I(State or Federal-Aid Project Agreements with Professional Subgrantee Services) and Exhibit J(Grantee Contract Administration Checklist). D. Goods "Goods"means tangible material acquired,produced,or delivered by Grantee either separately or in conjunction with the Services Grantee renders hereunder. E. Grant "Grant" means this Grant,its terms and conditions,attached exhibits, documents incorporated by reference under the terms of this Grant, and any future modifying agreements,exhibits,attachments or references incorporated herein pursuant to Colorado State law,Fiscal Rules,and State Controller Policies. F. Grant Funds "Grant Funds"means available funds payable by the State to Grantee pursuant to this Grant. G. Local Funds "Local Funds"means funds provided by any city,county or entity(public or private)for performance of the Work. H.Manual "Manual"refers to CDOT's"Local Agency Manual",if applicable. FASTERGrant.0l.Ju111-originated from approved OSC Grant template Rev 1/12/11 Page 2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 I.Party or Parties "Party"means the State or Grantee and"Parties" means both the State and Grantee. J. Project "Project" means Work identified in Exhibit A. K.Program "Program" means the Funding Advancement for Surface Transportation and Economic Recovery (FASTER) Senate Bill 09-108 grant program that provides the funding for this Grant. L. Review "Review"means examining Grantee's Work to ensure that it is adequate,accurate,correct and in accordance with the criteria established in§6,§19 and Exhibit A. M. Services "Services"means the required services to be performed by Grantee pursuant to this Grant. N. State Funds "State Funds"means funds provided by the State for performance of the Work. O.Subgrantee "Subgrantee"means third-parties,if any,engaged by Grantee to aid in performance of its obligations. P.Work "Work"means the tasks and activities Grantee is required to perform to fulfill its obligations under this Grant and Exhibit A,including the performance of the Services and delivery of the Goods. Q.Work Product "Work Product"means the tangible or intangible results of Grantee's Work,including,but not limited to, software,research,reports, studies,data,photographs,negatives or other finished or unfinished documents, drawings,models, surveys,maps,materials,or work product of any type,including drafts. 5. TERM A. Initial Term-Work Commencement The Parties respective performances under this Grant shall commence on the Effective Date.This Grant shall terminate on December 31,2014 unless sooner terminated or further extended as specified elsewhere herein. B.Notice to Proceed Grantee shall not commence performance of the Work until the date specified by a written notice to proceed,which may be sent by email or by hardcopy pursuit to§16. C. State's Option to Extend Terms The State may unilaterally require continued performance for two additional one year periods at the same rates and same terms specified in the Grant. If the State exercises this option,it shall provide written notice to Grantee at least 30 days prior to the end of the current Grant term in form substantially equivalent to Exhibit G . If exercised,the provisions of the Option Letter shall become part of and be incorporated into this Grant.The total duration of this Grant,including the exercise of any options under this clause, shall not exceed three years. 6. SCOPE OF WORK A. Completion Grantee shall complete the Work and its other obligations as described herein and in Exhibits A and B on or before December 31,2014.The State shall not be liable to compensate Grantee for any Work performed prior to the Effective Date or after the termination of this Grant. B. Goods and Services Grantee shall procure Goods and Services necessary to complete the Work. Such procurement shall be accomplished using the Grant Funds and shall not increase the maximum amount payable hereunder by the State. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 3 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 C. Employees All persons employed by Grantee or Subgrantees shall be considered Grantee's or Subgrantees' employee(s)for all purposes hereunder and shall not be employees of the State for any purpose as a result of this Grant. D. Federal Laws,Rules and Regulations If the Grant Funds involves federal funding,Grantee understands and agrees that federal laws,rules and regulations will control the Work and its implementation.Unless a written waiver is granted, Grantee agrees to comply with all required federal laws,rules and regulations applicable to the Work, in addition to all State requirements. E. Option for Phased Performance The State may unilaterally require the Grantee to begin performance on the next phase of the Project as outlined in Scope of Work in Exhibit A at the same rates and same terms specified in the Grant.If the State exercises this option,it shall provide written notice to Grantee in a form substantially equivalent to Exhibit G. If exercised,the provisions of the Option Letter shall become part of and be incorporated into this Grant. 7.PAYMENTS TO GRANTEE The State shall,in accordance with the provisions of this §7,pay Grantee in the following amounts and using the methods set forth below: A.Maximum Amount The maximum amount payable under this Grant to Grantee by the State is$120,000, as determined by the State from available funds.Grantee agrees to provide any additional funds required for the successful completion of the Work.Payments to Grantee are limited to the unpaid obligated balance of the Grant as set forth in Exhibit A.The maximum amount payable by the State to Grantee during the term of this Grant shall be: G/L Account:4518000010 CO Area: 1000 Fund:400 Company Code: 1000 Vendor Number:2000009 Functional Area: 1480 Funds Center:D9630-010 Total Encumbered Grant Amount:$120,000 State Fiscal Year:2013 *Line Item: 10 *WBS:18934.10.50 State Funds Amount Total:$120,000 Local Funds Amount Total:$30,000 F Total:$150,000 *The Line Item and WBS numbers may be replaced at CDOT's discretion without a contract amendment as long as such changes do not change the total amount of the Grant or move funds between phases of the Project in excess of 10%,which shall be subject to Section 7(C). Maximum amount payable by the State to the Grantee for each year of this Grant shall be as stated in Exhibit A and any amendments thereto. B.Payment i. Advance,Interim and Final Payments Any advance payment allowed under this Grant or in Exhibit A shall comply with State Fiscal Rules and be made in accordance with the provisions of this Grant or such Exhibit. Grantee shall initiate any payment requests by submitting invoices to the State in the form and manner set forth and approved by the State. ii. Interest The State shall fully pay each invoice within 45 days of receipt thereof if the amount invoiced represents performance by Grantee previously accepted by the State.Uncontested amounts not paid by the State within 45 days may, if Grantee so requests,bear interest on the unpaid balance beginning on the 46th day at a rate not to exceed one percent per month until paid in full; provided,however,that interest shall not accrue on unpaid amounts that are subject to a good faith dispute. Grantee shall invoice the State separately for accrued interest on delinquent amounts.The billing shall reference the delinquent payment,the number of day's interest to be paid and the interest rate. FASTERGrant.0 l.Jul11—originated from approved OSC Grant template Rev 1/12/11 Page 4 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 iii. Available Funds-Contingency-Termination The State is prohibited by law from making fiscal commitments beyond the term of the State's current fiscal year.Therefore, Grantee's compensation is contingent upon the continuing availability of State appropriations as provided in the Colorado Special Provisions, set forth below. If federal funds are used with this Grant in whole or in part,the State's performance hereunder is contingent upon the continuing availability of such funds.Payments pursuant to this Grant shall be made only from available funds encumbered for this Grant and the State's liability for such payments shall be limited to the amount remaining of such encumbered funds. If State or federal funds are not appropriated, or otherwise become unavailable to fund this Grant,the State may immediately terminate this Grant in whole or in part without further liability in accordance with the provisions herein. iv. Erroneous Payments At the State's sole discretion,payments made to Grantee in error for any reason,including,but not limited to overpayments or improper payments,and unexpended or excess funds received by Grantee, may be recovered from Grantee by deduction from subsequent payments under this Grant or other Grants,grants or agreements between the State and Grantee or by other appropriate methods and collected as a debt due to the State. Such funds shall not be paid to any person or entity other than the State. C. Use of Funds Grant Funds shall be used only for eligible costs identified herein and/or in the Budget. Budget line item adjustments exceeding 10%but less than 24.99%must be submitted in advance of actual cost and receive written State approval,which approval may be transmitted informally by email or such other means that does not rise to the level of an amendment to this Grant. A budget revision of Exhibit A will be issuedby State with any such adjustment. Adjustments in excess of 24.99%for any line item shall be authorized by the State in an amendment to this Grant.The State's total consideration shall not exceed the maximum amount shown herein. D. Local Funds Grantee shall provide Local Funds as provided in Exhibit A. Payments to Grantee of Grant Funds will be made for Project expenditures reported by Grantee and submitted to and accepted by the State for payment based on the ratio required State Funds and Local Funds for which Grantee has submitted to the State. E. Payment Compliance All Grant reimbursements shall comply with 49 CFR 18 Subpart C(Exhibit D)of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. Additionally, Grantee shall only be reimbursed for costs allowable under 2 CFR Part 125,Appendix A. 8. REPORTING-NOTIFICATION Reports,Evaluations,and Reviews required under this §8 shall be in accordance with the procedures of and in such form as prescribed by the State and in accordance with§19,if applicable. A. Performance,Progress,Personnel,and Funds Grantee shall submit a report to the State upon expiration or sooner termination of this Grant, containing an Evaluation and Review of Grantee's performance and the final status of Grantee's obligations hereunder. In addition,Grantee shall comply with all reporting requirements,if any, set forth in the Local Agency Manual and/or this Grant. B. Litigation Reporting Within 10 days after being served with any pleading in a legal action filed with a court or administrative agency,related to this Grant or which may affect Grantee's ability to perform its obligations hereunder,Grantee shall notify the State of such action and deliver copies of such pleadings to the State's principal representative as identified herein. If the State's principal representative is not then serving, such notice and copies shall be delivered to the Executive Director of CDOT. FASTERGrant.0l.Jull 1—originated from approved OSC Grant template Rev 1/12/11 Page 5 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 C. Noncompliance Grantee's failure to provide reports and notify the State in a timely manner in accordance with this§8 may result in the delay of payment of funds and/or termination as provided under this Grant. D. Subgrants Copies of any and all subgrants entered into by Grantee to perform its obligations hereunder shall be submitted to the State or its principal representative upon request by the State.Any and all subgrants entered into by Grantee related to its performance hereunder shall comply with all applicable federal and state laws and shall provide that such subgrants be governed by the laws of the State of Colorado. 9. GRANTEE RECORDS Grantee shall make,keep, maintain and allow inspection and monitoring of the following records: A. Maintenance Grantee shall make,keep, maintain,and allow inspection and monitoring by the State of a complete file of all records,documents,communications,notes and other written materials,electronic media files, and communications,pertaining in any manner to the Work or the delivery of Services (including,but not limited to the operation of programs)or Goods hereunder.Grantee shall maintain such records until the last to occur of the following: (i)a period of three years after the date this Grant is completed or terminated,or(ii)final payment is made hereunder, whichever is later,or(iii)for such further period as may be necessary to resolve any pending matters,or(iv)if an audit is occurring, or Grantee has received notice that an audit is pending,then until such audit has been completed and its findings have been resolved(the"Record Retention Period"). B.Inspection Grantee shall permit the State,the federal government and any other duly authorized agent of a governmental agency to audit,inspect, examine,excerpt,copy and/or transcribe Grantee's records related to this Grant during the Record Retention Period for a period of three years following termination of this Grant or final payment hereunder,whichever is later,to assure compliance with the terms hereof or to evaluate Grantee's performance hereunder.The State reserves the right to inspect the Work at all reasonable times and places during the term of this Grant,including any extension. If the Work fails to conform to the requirements of this Grant,the State may require Grantee promptly to bring the Work into conformity with Grant requirements, at Grantee's sole expense. If the Work cannot be brought into conformance by re-performance or other corrective measures,the State may require Grantee to take necessary action to ensure that future performance conforms to Grant requirements and exercise the remedies available under this Grant,at law or in equity in lieu of or in conjunction with such corrective measures. C. Monitoring Grantee shall permit the State,the federal government,and other governmental agencies having jurisdiction,in their sole discretion,to monitor all activities conducted by Grantee pursuant to the terms of this Grant using any reasonable procedure,including,but not limited to: internal evaluation procedures,examination of program data, special analyses,on-site checking,formal audit examinations,or any other procedures. All monitoring controlled by the State shall be performed in a . manner that shall not unduly interfere with Grantee's performance hereunder. D.Final Audit Report If an audit is performed on Grantee's records for any fiscal year covering a portion of the term of this Grant, Grantee shall submit a copy of the final audit report to the State or its principal representative at the address specified herein. 10. CONFIDENTIAL INFORMATION-STATE RECORDS Grantee shall comply with the provisions of this §10 if it becomes privy to confidential information in connection with its performance hereunder.Confidential information,includes,but is not necessarily limited to,any State records,personnel records,and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act,CRS 24-72-101,et seq. FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 6 CDOT—Division of Transit and Rail SAP PO#291001327 CMS#13-HTR-48156 A. Confidentiality Grantee shall keep all State records and information confidential at all times and to comply with all laws and regulations concerning confidentiality of information.Any request or demand by a third party for State records and information in the possession of Grantee shall be immediately forwarded to the State's principal representative. B.Notification Grantee shall notify its agent,employees, Subgrantees, and assigns who may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before they are permitted to access such records and information. C.Use,Security,and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by Grantee or its agents in any way,except as authorized by this Grant or approved in writing by the State. Grantee shall provide and maintain a secure environment that ensures confidentiality of all State records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by Grantee or its agents,except as permitted in this Grant or approved in writing by the State. D. Disclosure-Liability Disclosure of State records or other confidential information by Grantee for any reason may be cause for legal action by third parties against Grantee,the State or their respective agents. Grantee shall indemnify, save, and hold harmless the State,its employees and agents, against any and all claims, damages,liability and court awards including costs,expenses,and attorney fees and related costs, incurred as a result of any act or omission by Grantee,or its employees,agents, Subgrantees,or assignees pursuant to this §10. 11. CONFLICTS OF INTEREST Grantee shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the full performance of Grantee's obligations hereunder. Grantee acknowledges that with respect to this Grant,even the appearance of a conflict of interest is harmful to the State's interests. Absent the State's prior written approval,Grantee shall refrain from any practices, activities or relationships that reasonably appear to be in conflict with the full performance of Grantee's obligations to the State hereunder. If a conflict or appearance exists, or if Grantee is uncertain whether a conflict or the appearance of a conflict of interest exists,Grantee shall submit to the State a disclosure statement setting forth the relevant details for the State's consideration.Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict constitutes a breach of this Grant. 12.REPRESENTATIONS AND WARRANTIES Grantee makes the following specific representations and warranties,each of which was relied on by the State in entering into this Grant. A. Standard and Manner of Performance Grantee shall perform its obligations hereunder in accordance with the highest standards of care, skill and diligence in the industry,trades or profession and in the sequence and manner set forth in this Grant. B.Legal Authority—Grantee and Grantee's Signatory Grantee warrants that it possesses the legal authority to enter into this Grant and that it has taken all actions required by its procedures,by-laws, and/or applicable laws to exercise that authority, and to lawfully authorize its undersigned signatory to execute this Grant,or any part thereof,and to bind Grantee to its terms. If requested by the State,Grantee shall provide the State with proof of Grantee's authority to enter into this Grant within 15 days of receiving such request. FASTERGrant.0l.Jull 1—originated from approved OSC Grant template Rev 1/12/11 Page 7 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 C. Licenses,Permits,Etc. Grantee represents and warrants that as of the Effective Date it has,and that at all times during the term hereof it shall have, at its sole expense, all licenses,certifications,approvals,insurance,permits, and other authorization required by law to perform its obligations hereunder. Grantee warrants that it shall maintain all necessary licenses,certifications,approvals,insurance,permits,and other authorizations required to properly perform this Grant,without reimbursement by the State or other adjustment in Grant Funds.Additionally, all employees and agents of Grantee performing Services under this Grant shall hold all required licenses or certifications,if any,to perform their responsibilities. Grantee,if a foreign corporation or other foreign entity transacting business in the State of Colorado,further warrants that it currently has obtained and shall maintain any applicable certificate of authority to transact business in the State of Colorado and has designated a registered agent in Colorado to accept service of process.Any revocation, withdrawal or non-renewal of licenses,certifications, approvals, insurance,permits or any such similar requirements necessary for Grantee to properly perform the terms of this Grant shall be deemed to be a material breach by Grantee and constitute grounds for termination of this Grant. 13. INSURANCE Grantee and its Subgrantees shall obtain and maintain insurance as specified in this section at all times during the term of this Grant.All policies evidencing the insurance coverage required hereunder shall be issued by insurance companies satisfactory to Grantee and the State. A. Grantee i. Public Entities If Grantee is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §24-10-101,et seq.,as amended(the"GIA"), then Grantee shall maintain at all times during the term of this Grant such liability insurance,by commercial policy or self-insurance, as is necessary to meet its liabilities under the GIA. Grantee shall show proof of such insurance satisfactory to the State,if requested by the State. Grantee shall require each Grant with Subgrantees that are public entities,providing Goods or Services hereunder,to include the insurance requirements necessary to meet Subgrantee's liabilities under the GIA. ii. Non-Public Entities If Grantee is not a "public entity" within the meaning of the GIA, Grantee shall obtain and maintain during the term of this Grant insurance coverage and policies meeting the same requirements set forth in§13(B) with respect to Subgrantees that are not"public entities". B. Grantee and Subgrantees Grantee shall require each Grant with Subgrantees,other than those that are public entities,providing Goods or Services in connection with this Grant,to include insurance requirements substantially similar to the following: i. Worker's Compensation Worker's Compensation Insurance as required by State statute, and Employer's Liability Insurance covering all of Grantee and Subgrantee employees acting within the course and scope of their employment. ii. General Liability Commercial General Liability Insurance written on ISO occurrence form CG 00 01 10/93 or equivalent,covering premises operations,fire damage,independent Subgrantees,products and completed operations,blanket contractual liability,personal injury,and advertising liability with minimum limits as follows: (a) $1,000,000 each occurrence; (b) $1,000,000 general aggregate; (c) $1,000,000 products and completed operations aggregate; and(d) $50,000 any one fire. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 8 CDOT-Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 iii. Automobile Liability Automobile Liability Insurance covering any auto(including owned,hired and non-owned autos)with a minimum limit of$1,000,000 each accident combined single limit. iv. Professional Liability Professional liability insurance with minimum limits of liability of not less than$1,000,000 each claim and$1,000,000 annual aggregate for both the Grantee or any Subgrantee when: a) Contract items 625 (Construction Surveying), 629(Survey Monumentation), or both are included in the Grant b) Plans, specifications, and submittals are required to be signed and sealed by the Grantee's or Subgrantee's professional engineer,including but not limited to: (1) Shop drawings and working drawings as described in subsection 105.02 of the CDOT Standards Specification for Road and Bridge Construction Manual which can be found at: www.coloradodot.infolbusiness/desiensupport/construction-specifications/2011- Spec s/2011-Spec s-B oo d.pdf (2) Mix designs (3) Contractor performed design work as required by the plans and specifications (4) Approved value engineering change proposals v. Additional Insured Grantee and the State shall be named as additional insured on the Commercial General Liability Insurance policy(leases and construction Grants require additional insured coverage for completed operations on endorsements CG 2010 11/85,CG 2037,or equivalent). vi. Primacy of Coverage Coverage required of Grantee and Subgrantees shall be primary over any insurance or self- insurance program carried by Grantee or the State. vii. Cancellation The above insurance policies shall include provisions preventing cancellation or non-renewal without at least 45 days prior notice to the Grantee and Grantee shall forward such notice to the State in accordance with§16(Notices and Representatives)within seven days of Grantee's receipt of such notice. viii. Subrogation Waiver All insurance policies in any way related to this Grant and secured and maintained by Grantee or its Subgrantees as required herein shall include clauses stating that each carrier shall waive all rights of recovery,under subrogation or otherwise, against Grantee or the State,its agencies, institutions, organizations,officers, agents,employees, and volunteers. C. Certificates Grantee and all Subgrantees shall provide certificates showing insurance coverage required hereunder to the State within seven business'days of the Effective Date of this Grant.No later than 15 days prior to the expiration date of any such coverage, Grantee and each Subgrantee shall deliver to the State or Grantee certificates of insurance evidencing renewals thereof.In addition,upon request by the State at any other time during the term of this Grant or any subgrant, Grantee and each Subgrantee shall,within 10 days of such request,supply to the State evidence satisfactory to the State of compliance with the provisions of this §13. 14.BREACH A.Defined In addition to any breaches specified in other sections of this Grant,the failure of either Party to perform any of its material obligations hereunder,in whole or in part or in a timely or satisfactory manner,constitutes a breach.The institution of proceedings under any bankruptcy,insolvency, reorganization or similar law,by or against Grantee,or the appointment of a receiver or similar officer for Grantee or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Page 9 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 B.Notice and Cure Period In the event of a breach,notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in§16. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days,or if cure of the breach has not begun within 30 days and pursued with due diligence,the State may exercise any of the remedies set forth in§15. Notwithstanding anything to the contrary herein,the State, in its sole discretion,need not provide advance notice or a cure period and may immediately terminate this Grant in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 15. REMEDIES If Grantee is in breach under any provision of this Grant,the State shall have all of the remedies listed in this §15 in addition to all other remedies set forth in other sections of this Grant following the notice and cure period set forth in§14(B),provided however,that the State may terminate this Grant pursuant to §15(B)without a breach. The State may exercise any or all of the remedies available to it,in its sole discretion,concurrently or consecutively. A. Termination for Cause and/or Breach If Grantee fails to perform any of its obligations hereunder with such diligence as is required to ensure its completion in accordance with the provisions of this Grant and in a timely manner,the State may notify Grantee of such non-performance in accordance with the provisions herein.If Grantee thereafter fails to promptly cure such non-performance within the cure period,the State, at its option, may terminate this entire Grant or such part of this Grant as to which there has been delay or a failure to properly perform.Exercise by the State of this right shall not be deemed a breach of its obligations hereunder. Grantee shall continue performance of this Grant to the extent not terminated,if any. i. Obligations and Rights To the extent specified in any termination notice,Grantee shall not incur further obligations or render further performance hereunder past the effective date of such notice,and shall terminate outstanding orders and subgrants with third parties.However, Grantee shall complete and deliver to the State all Work, Services and Goods not cancelled by the termination notice and may incur obligations as are necessary to do so within this Grant's terms.At the sole discretion of the State, Grantee shall assign to the State all of Grantee's right,title,and interest under such terminated orders or subgrants. Upon termination, Grantee shall take timely,reasonable and necessary action to protect and preserve property in the possession of Grantee in which the State has an interest.All materials owned by the State in the possession of Grantee shall be immediately returned to the State.All Work Product,at the option of the State, shall be delivered by Grantee to the State and shall become the State's property. ii. Payments The State shall reimburse Grantee only for accepted performance up to the date of termination. If, after termination by the State, it is determined that Grantee was not in breach or that Grantee's action or inaction was excusable, such termination shall be treated as a termination in the public interest and the rights and obligations of the Parties shall be the same as if this Grant had been terminated in the public interest, as described herein. iii. Damages and Withholding Notwithstanding any other remedial action by the State, Grantee also shall remain liable to the State for any damages sustained by the State by virtue of any breach under this Grant by Grantee and the State may withhold any payment to Grantee for the purpose of mitigating the State's damages,until such time as the exact amount of damages due to the State from Grantee is determined.The State may withhold any amount that may be due to Grantee as the State deems necessary to protect the State, including loss as a result of outstanding liens or claims of former lien holders,or to reimburse the State for the excess costs incurred in procuring similar goods or services. Grantee shall be liable for excess costs incurred by the State in procuring from third parties replacement Work, Services or substitute Goods as cover. FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Page 10 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 B.Early Termination in the Public Interest The State is entering into this Grant for the purpose of carrying out the public policy of the State of Colorado, as determined by its Governor,General Assembly,and/or courts. If this Grant ceases to further the public policy of the State,the State,in its sole discretion,may terminate this Grant in whole or in part.Exercise by the State of this right shall not constitute a breach of the State's obligations hereunder.This subsection shall not apply to a termination of this Grant by the State for cause or breach by Grantee,which shall be governed by §15(A)or as otherwise specifically provided for herein. L Method and Content The State shall notify Grantee of such termination in accordance with§16.The notice shall specify the effective date of the termination and whether it affects all or a portion of this Grant. ii. Obligations and Rights Upon receipt of a termination notice,Grantee shall be subject to and comply with the same obligations and rights set forth in §15(A)(i). iii. Payments If this Grant is terminated by the State pursuant to this §15(B),Grantee shall be paid an amount which bears the same ratio to the total reimbursement under this Grant as the Services satisfactorily performed bear to the total Services covered by this Grant,less payments previously made.Additionally,if this Grant is less than 60%completed,the State may reimburse Grantee for a portion of actual out-of-pocket expenses(not otherwise reimbursed under this Grant)incurred by Grantee which are directly attributable to the uncompleted portion of Grantee's obligations hereunder;provided that the sum of any and all reimbursement shall not exceed the maximum amount payable to Grantee hereunder. C. Remedies Not Involving Termination The State,in its sole discretion,may exercise one or more of the following remedies in addition to other remedies available to it: i. Suspend Performance Suspend Grantee's performance with respect to all or any portion of this Grant pending necessary corrective action as specified by the State without entitling Grantee to an adjustment in price/cost or performance schedule. Grantee shall promptly cease performance and incurring costs in accordance with the State's directive and the State shall not be liable for costs incurred by Grantee after the suspension of performance under this provision. ii. Withhold Payment Withhold payment to Grantee until corrections in Grantee's performance are satisfactorily made and completed. iii. Deny Payment Deny payment for those obligations not performed,that due to Grantee's actions or inactions, cannot be performed or,if performed,would be of no value to the State;provided,that any denial of payment shall be reasonably related to the value to the State of the obligations not performed. iv. Removal Demand removal of any of Grantee's employees, agents,or Subgrantees whom the State deems incompetent,careless,insubordinate,unsuitable,or otherwise unacceptable, or whose continued relation to this Grant is deemed to be contrary to the public interest or not in the State's best interest. v. Intellectual Property If Grantee infringes on a patent,copyright,trademark,trade secret or other intellectual property right while performing its obligations under this Grant,Grantee shall, at the State's option(a) obtain for the State or Grantee the right to use such products and services; (b)replace any Goods, Services,or other product involved with non-infringing products or modify them so that they become non-infringing;or,(c)if neither of the foregoing alternatives are reasonably available,remove any infringing Goods, Services,or products and refund the price paid therefore to the State. FASTERGrant.0l.Jul I l—originated from approved OSC Grant template Rev 1/12/11 Page 11 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 16.NOTICES and REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to,but not in lieu of a hard- copy notice, notice also may be sent by e-mail to the e-mail addresses,if any, set forth below.Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent.Unless otherwise provided herein,all notices shall be effective upon receipt. A. State: Andrew O'Connor, Grant Coordinator Colorado Dept.of Transportation 4201 E. Arkansas Ave. Shumate Building Denver,CO 80222 Andrew.00onnor @ dot.state.co.us B. Grantee: John Krueger,Director of Transportation City of Aspen 130 South Galena [Grantee Rep Address 2] Aspen,CO 81611 John.krueger@ci.aspen.co.us 17. RIGHTS IN DATA,DOCUMENTS,AND COMPUTER SOFTWARE Any software,research,reports, studies, data,photographs,negatives or other documents,drawings,models, materials, or Work Product of any type, including drafts,prepared by Grantee in the performance of its obligations under this Grant shall be the exclusive property of the State and, all Work Product shall be delivered to the State by Grantee upon completion or termination hereof.The State's exclusive rights in such Work Product shall include,but not be limited to,the right to copy,publish,display,transfer,and prepare derivative works. Grantee shall not use,willingly allow,cause or permit such Work Product to be used for any purpose other than the performance of Grantee's obligations hereunder without the prior written consent of the State. 18.GOVERNMENTAL IMMUNITY Notwithstanding any other provision to the contrary,nothing herein shall constitute a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions of the GIA.Liability for claims for injuries to persons or property arising from the negligence of the State of Colorado,its departments,institutions,agencies,boards,officials, and employees is controlled and limited by the provisions of the GIA and the risk management statutes,CRS §24-30-1501,et seq., as amended. 19. STATEWIDE CONTRACT MANAGEMENT SYSTEM If the maximum amount payable to Grantee under this Grant is$100,000 or greater,either on the Effective Date or at anytime thereafter,this §19 applies. Grantee agrees to be governed,and to abide,by the provisions of CRS §24-102-205, §24-102-206, §24-103- 601, §24-103.5-101 and§24-105-102 concerning the monitoring of vendor performance on state Grants and inclusion of Grant performance information in a statewide Contract Management System. Grantee's performance shall be subject to Evaluation and Review in accordance with the terms and conditions of this Grant, State law,including CRS §24-103.5-101,and State Fiscal Rules,Policies and Guidance. Evaluation and Review of Grantee's performance shall be part of the normal Grant administration FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 12 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 process and Grantee's performance will be systematically recorded in the statewide Contract Management System.Areas of Evaluation and Review shall include,but shall not be limited to quality, cost and timeliness. Collection of information relevant to the performance of Grantee's obligations under this Grant shall be determined by the specific requirements of such obligations and shall include factors tailored to match the requirements of Grantee's obligations. Such performance information shall be entered into the statewide Contract Management System at intervals established herein and a final Evaluation,Review and Rating shall be rendered within 30 days of the end of the Grant term.Grantee shall be notified following each performance Evaluation and Review,and shall address or correct any identified problem in a timely manner and maintain work progress. Should the final performance Evaluation and Review determine that Grantee demonstrated a gross failure to meet the performance measures established hereunder,the Executive Director of the Colorado Department of Personnel and Administration(Executive Director),upon request by CDOT and showing of good cause, may debar Grantee and prohibit Grantee from bidding on future Grants. Grantee may contest the final Evaluation,Review and Rating by: (a)filing rebuttal statements,which may result in either removal or correction of the evaluation(CRS §24-105-102(6)),or(b)under CRS §24-105-102(6),exercising the debarment protest and appeal rights provided in CRS §§24-109-106, 107, 201 or 202, which may result in the reversal of the debarment and reinstatement of Grantee,by the Executive Director,upon a showing of good cause. 20. GENERAL PROVISIONS A. Assignment and Subgrants Grantee's rights and obligations hereunder are personal and may not be transferred, assigned or subgranted without the prior,written consent of the State.Any attempt at assignment,transfer,or subgranting without such consent shall be void. All assignments, subgrants, or Subgrantees approved by Grantee or the State are subject to all of the provisions hereof. Grantee shall be solely responsible for all aspects of subgranting arrangements and performance. B.Binding Effect Except as otherwise provided in §20(A),all provisions herein contained,including the benefits and burdens, shall extend to and be binding upon the Parties' respective heirs, legal representatives, successors,and assigns. C. Captions The captions and headings in this Grant are for convenience of reference only,and shall not be used to interpret,define, or limit its provisions. D. Counterparts This Grant may be executed in multiple identical original counterparts, all of which shall constitute one agreement. E. Entire Understanding This Grant represents the complete integration of all understandings between the Parties and all prior representations and understandings, oral or written, are merged herein. Prior or contemporaneous additions, deletions, or other changes hereto shall not have any force or effect whatsoever,unless embodied herein. F.Indemnification-General Grantee shall indemnify, save, and hold harmless the State, its employees and agents, against any and all claims,damages,liability and court awards including costs,expenses, and attorney fees and related costs,incurred as a result of any act or omission by Grantee,or its employees, agents, Subgrantees, or assignees pursuant to the terms of this Grant; however,the provisions hereof shall not be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protection,or other provisions,of the GIA, or the Federal Tort Claims Act, 28 USC 2671 et seq., as applicable,as now or hereafter amended. FASTERGrant.0 l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 13 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 G.Jurisdiction and Venue All suits,actions,or proceedings related to this Grant shall be held in the State of Colorado and exclusive venue shall be in the City and County of Denver. H.Modification i. By the Parties Except as specifically provided in this Grant,modifications of this Grant shall not be effective unless agreed to in writing by the Parties in an amendment to this Grant,properly executed and approved in accordance with applicable Colorado State law, State Fiscal Rules, and Office of the State Controller Policies,including,but not limited to,the policy entitled MODIFICATIONS OF CONTRACTS -TOOLS AND FORMS. ii. By Operation of Law This Grant is subject to such modifications as may be required by changes in federal or Colorado State law,or their implementing regulations. Any such required modification automatically shall be incorporated into and be part of this Grant on the effective date of such change,as if fully set forth herein. I. Order of Precedence The provisions of this Grant shall govern the relationship of the Parties.In the event of conflicts or inconsistencies between this Grant and its exhibits and attachments including,but not limited to,those provided by Grantee, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: i. Colorado Special Provisions ii. The Provision of the main body of this Grant iii. Exhibit A(Scope of Work and Budget), iv. Exhibit B(FASTER Program Requirements), i. Any executed Option Letter,and vi. Other Exhibits in descending order of their attachment. J. Severability Provided this Grant can be executed and performance of the obligations of the Parties accomplished within its intent,the provisions hereof are severable and any provision that is declared invalid or becomes inoperable for any reason shall not affect the validity of any other provision hereof. K. Survival of Certain Grant Terms Notwithstanding anything herein to the contrary,provisions of this Grant requiring continued performance, compliance, or effect after termination hereof, shall survive such termination and shall be enforceable by the State if Grantee fails to perform or comply as required. L. Taxes The State is exempt from all federal excise taxes under IRC Chapter 32(No. 84-730123K)and from all State and local government sales and use taxes under CRS §§39-26-101 and 201 et seq. Such exemptions apply when materials are purchased or services rendered to benefit the State;provided however,that certain political subdivisions(e.g.,City of Denver)may require payment of sales or use. taxes even though the product or service is provided to the State. Grantee shall be solely liable for paying such taxes as the State is prohibited from paying for or reimbursing Grantee for them. M.Third Party Beneficiaries Enforcement of this Grant and all rights and obligations hereunder are reserved solely to the Parties, and not to any third party. Any services or benefits which third parties receive as a result of this Grant are incidental to the Grant,and do not create any rights for such third parties. N. Waiver FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Page 14 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 Waiver of any breach of a term,provision, or requirement of this Grant,or any right or remedy hereunder,whether explicitly or by lack of enforcement, shall not be construed or deemed as a waiver of any subsequent breach of such term,provision or requirement, or of any other term,provision,or requirement. O. CORA Disclosure To the extent not prohibited by federal law,this Contract and the performance measures and standards under CRS §24-103.5-101,if any, are subject to public release through the Colorado Open Records Act,CRS §24-72-101, et seq. 21. COLORADO SPECIAL PROVISIONS These Special Provisions apply to all Grants except where noted in italics. A. CONTROLLER'S APPROVAL.CRS§24-30-202(1) This Grant shall not be deemed valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24-30-202(5.5) Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated,budgeted,and otherwise made available. C. GOVERNMENTAL IMMUNITY No term or condition of this Grant shall be construed or interpreted as a waiver,express or implied,of any of the immunities,rights,benefits,protections,or other provisions, of the Colorado Governmental Immunity Act, CRS §24-10-101 et seq., or the Federal Tort Claims Act, 28 USC §§1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR Grantee shall perform its duties hereunder as an independent contractor and not as an employee. Neither Grantee nor any agent or employee of Grantee shall be deemed to be an agent or employee of the State. Grantee and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Grantee or any of its agents or employees.Unemployment insurance benefits will be available to Grantee and its employees and agents only if such coverage is made available by Grantee or a third party. Grantee shall pay when due all applicable employment taxes and income taxes.and local head taxes incurred pursuant to this Grant. Grantee shall not have authorization,express or implied,to bind the State to any agreement, liability or understanding,except as expressly set forth herein. Grantee shall (a)provide and keep in force workers'compensation and unemployment compensation insurance in the amounts required by law, (b)provide proof thereof when requested by the State, and(c)be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW Grantee shall strictly comply with all applicable federal and State laws,rules, and regulations in effect or hereafter established,including,without limitation,laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW Colorado law, and rules and regulations issued pursuant thereto,shall be applied in the interpretation, execution, and enforcement of this grant. Any provision included or incorporated herein by reference which conflicts with said laws,rules,and regulations shall be null and void.Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint,defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this Grant,to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED The State of Colorado does not agree to binding arbitration by any extra judicial body or person.Any provision to the contrary in this Grant or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION.Governor's Executive Order D 002 00 FASTERGrant.0I.Jul l l—originated from approved OSC Grant template Rev 1/12/11 Page 15 CDOT-Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 State or other public funds payable under this Grant shall not be used for the acquisition,operation,or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Grantee hereby certifies and warrants that,during the term of this Grant and any extensions, Grantee has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Grantee is in violation of this provision,the State may exercise any remedy available at law or in equity or under this Grant,including, without limitation, immediate termination of this Grant and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST/CONFLICT OF INTEREST.CRS§§24-18-201 and 24-50- 507 The signatories aver that to their knowledge,no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Grant.Grantee has no interest and shall not acquire any interest, direct or indirect,that would conflict in any manner or degree with the performance of Grantee's services and Grantee shall not employ any person having such known interests. J.VENDOR OFFSET.CRS §§24-30-202(1)and 24-30-202.4 [Not applicable to intergovernmental agreements] Subject to CRS §24-30-202.4(3.5),the State Controller may withhold payment under the State's vendor offset intercept system for debts owed to State agencies for: (a)unpaid child support debts or child support arrearages; (b)unpaid balances of tax, accrued interest,or other charges specified in CRS §39-21-101,et seq.; (c)unpaid loans due to the Student Loan Division of the Department of Higher Education; (d)amounts required to be paid to the Unemployment Compensation Fund; and(e)other unpaid debts owing to the State as a result of final agency determination or judicial action. K.PUBLIC GRANTS FOR SERVICES. CRS§8-17.5-101 [Not applicable to agreements relating to the offer,issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services]Grantee certifies,warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this Grant and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this Grant,through participation in the E- Verify Program or the State program established pursuant to CRS §8-17.5-102(5)(c), Grantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant or enter into a grant with a Subgrantee that fails to certify to Grantee that the Subgrantee shall not knowingly employ or contract with an illegal alien to perform work under this Grant. Grantee(a)shall not use E-Verify Program or State program procedures to undertake pre-employment screening of job applicants while this Grant is being performed, (b) shall notify the Subgrantee and the granting State agency within three days if Grantee has actual knowledge that a Subgrantee is employing or contracting with an illegal alien for work under this Grant, (c) shall terminate the subgrant if a Subgrantee does not stop employing or contracting with the illegal alien within three days of receiving the notice, and(d) shall comply with reasonable requests made in the course of an investigation,undertaken pursuant to CRS §8-17.5-102(5),by the Colorado Department of Labor and Employment. If Grantee participates in the State program,Grantee shall deliver to the granting State agency, Institution of Higher Education or political subdivision, a written,notarized affirmation, affirming that Grantee has examined the legal work status of such employee, and shall comply with all of the other requirements of the State program. If Grantee fails to comply with any requirement of this provision or CRS §8-17.5-101 et seq., the granting State agency,institution of higher education or political subdivision may terminate this Grant for breach and,if so terminated, Grantee shall be liable for damages. L. PUBLIC GRANTS WITH NATURAL PERSONS.CRS §24-76.5-101 FASTERGrant.0l.Jul l l-originated from approved OSC Grant template Rev 1/12/11 Page 16 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 Grantee,if a natural person eighteen(18)years of age or older,hereby swears and affirms under penalty of perjury that he or she(a)is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b)shall comply with the provisions of CRS §24-76.5-101 et seq., and(c)has produced one form of identification required by CRS §24-76.5-103 prior to the effective date of this Grant. SPs Effective 1/1/09 THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 17 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 22.SIGNATURE PAGE Grant Routing Number 48156 THE PARTIES HERETO HAVE EXECUTED THIS GRANT *Persons signing for Grantee hereby swear and affirm that they are authorized to act on Grantee's behalf and acknowledge that the State is relying on their representations to that effect. GRANTEE STATE OF COLORADO City of Aspen By: John W.Hickenlooper,Governor Colorado Department of Transportation Print Name of Authorized Individual Donald E.Hunt—Executive Director Title: Print Title of Authorized Individual By:Donald E. Hunt,CDOT Executive Director Signatory avers to the State Controller or delegate that Grantee has not begun performance or that a Statutory *Signature Violation waiver has been requested under Fiscal Rules Date: Date: 2nd Grantee Signature if Needed LEGAL REVIEW By: John W.Suthers,Attorney General Print Name of Authorized Individual Title: By' Signature-Assistant Attorney General Print Title of Authorized Individual Date: *Signature Date: ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS§24-30-202 requires the State Controller to approve all State grants.This Grant is not valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. STATE CONTROLLER David J.McDermott,CPA By: Colorado Department of Transportation Date: FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Page 18 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT A—SCOPE OF WORK AND BUDGET City of Aspen Grant Year 2013 Title of Project FASTER Project Two replacement body-on-chassis(BOC)vehicles Description Recipient Aspen,City of DUNS 076460104 Contact John D.Krueger VEND 2000009 Director of Transportation City of Aspen 130 South Galena Aspen,CO 81611 Phone 970-920-5042 Email John.krueger@ci.asi2en.co.us Fax 970-544-9447 Project Budget WBS 18934.10.50 FASTER Share(at 80%or less) $ 120,000 Local Share(at 20%or more) $ 30,000 Total Project Budget $ 150,000 A. Project Description The City of Aspen("Aspen"or"City")transit system consists of eight routes fixed routes that operate through-out the city and carry over 1 million passengers a year. The transit system operates a fleet of sixteen vehicles consisting of ten buses and six 15 passenger cut-a-way body-on-chassis shuttle vehicles. The fleet operates over 20 hours a day,more than 52,000 hours a year and over 480,000 annual miles. The transit system provides high quality free transit service to local residents, commuting workers and tourists. The local transit system interfaces with the RFTA valley-wide transit system. Our local transit system has helped our community come into compliance with pm-10 clean air standards and has kept the community traffic levels at or below 1993 standards. The City of Aspen is seeking grant funding to replace two body-on chassis shuttle vehicles in its fleet.These shuttle vehicles operate on the local transit system and have reached the end of their useful life and need to be replaced. B. Performance Standards 1. Project Milestones • Develop vehicle specifications based on input from staff,then a bid package,submit to City Procurement Officer for approval (Spring 2012) • Compete scope of work revisions and submit to CDOT(June 2012) • Provide specs and bid package to CDOT Project Manager for approval(July 2012) • Release bid package once CDOT executes contract(Summer 2012) • Review bids,including exceptions and approved equals. Select vendor. Clear selection process with CDOT Project Manager.(Summer 2012) • Issue purchase order for vehicle. (Fall 2012) • Take delivery of vehicle(Winter 2012) • Accept vehicle,bill CDOT(Spring 2013) • Contract close-out(on or before December 31",2014) FASTERGrant.0l.Julll—originated from approved OSC Grant template Rev 1/12/11 Exhibit A-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 2. Performance will be reviewed annually. If the State's review determines Aspen's performance does not meet the standards of performance set forth in B 1.,the following steps will be taken: a. The State will notify Aspen in writing that performance does not meet the requirements of this Grant. b. Thirty(30)calendar days after date of such notification,Aspen will submit to the State a written explanation of the cause(s)of the substandard performance, which shall include a written plan for improving performance. C. The State will review the plan for improvement and notify Aspen of its approval within 21 days. d. If the plan is approved by the Department,Aspen will implement the plan immediately upon receipt of the State's notification. If the plan is not approved by the Department remedial measures will be determined on a case by case basis. Such remedial measures may include termination of this Grant and return of the grant funds or capital equipment purchased with such funds,in accordance with the terms of this Grant. C. Project Budget 1. The Total Project Budget is estimated to be and shall be shared as follows: WBS 18934.10.50 FASTER Share(at 80%or less) $120,000 Local Share(at 20%or more) $ 30,000 i TOTAL PROJECT BUDGET $150,000 j 2. Budget for purchase is $150,000 a. $120,000 will be from FASTER State funds b. $30,000 will be provided in cash by Aspen from its General Fund. 3. Aspen may use FASTER funds for the local share,but those funds cannot be from other FASTER Department of Transportation(DOT)programs.Aspen's share,together with the FASTER share, must be enough to ensure payment of Total Project Budget.Except as provided in Section 7(B)(iii)of this grant,the State shall have no obligation to provide State funds for use on this Project. The State will administer FASTER funds for this Project under the terms of this Grant,provided that the State share of FASTER funds to be administered by the State are made available and remain available. In no event shall the State have any obligation to provide State funds or provide FASTER funds for Aspen's share of the Project. Aspen shall initiate and prosecute to completion all actions necessary to enable Aspen to provide its share of the total project budget at or prior to the time that such funds are needed to meet the total project budget. 4. No refund or reduction of the amount of Aspen's Share to be provided will be allowed unless there is at the same time a refund or reduction of the state share of a proportionate amount. D. Contract Expiration This Grant will expire according to the terms and conditions of the Grant.The expiration date for this Grant is December 31, 2014. E.Procurement The City of Aspen intends to purchase the two replacement cutaway vehicles using the existing CDOT state bid purchase agreement, which is in compliance with all State of Colorado Compliance requirements. FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit A-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 IMPORTANT NOTE: State law prohibits you from expending any funds for which you will seek reimbursement toward your FASTER project before there is a signed,fully-executed grant between your agency and CDOT. You will receive a copy of the signed,fully-executed grant accompanied by a Notice to Proceed; from that date you may incur expenses to be reimbursed and not before that date.Any expenses incurred before having a fully-executed grant will not be reimbursed. No exceptions. F. Ongoing Operational Funding The replacement of these two shuttle vehicles is included in the City of Aspen's 2012 capital plan. The City of Aspen has an ongoing capital plan that includes the purchase and replacement of all existing fleet vehicles as their useful life expires. Once replacement vehicles are purchased a"vehicle replacement reserve"is established within the Transportation Department's capital plan fund. Money is reserved so that the vehicle can be replaced in the future at the end of its useful life. The City of Aspen contracts with RFTA annually to operate its fleet on the local City route system. The City collects sales tax,use tax and lodging taxes to pay for the operation of the transit system and replacement of its fleet. The transit system has been in existence for over 30 years with public funding. G. Project Measurement and Certification Each shuttle vehicle is expected to operate over 2,600 hours a year and travel over 20,000 miles annually. Both vehicles are essential to providing a seamless local transit system to commuters,skiers,and other visitors. The City is expecting to operate the vehicles for at least five years before they are replaced. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0 l.Jul11—originated from approved OSC Grant template Rev 1/12/11 Exhibit A-3 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT B—FASTER PROGRAM REQUIREMENTS 1. PROJECT PAYMENT PROVISIONS A. The State will reimburse the Grantee for incurred costs relative to the Project following the State's review and approval of such charges, subject to the terms and conditions of this Grant. Provided, however,that charges incurred by the Grantee prior to the Effective Date of this Grant will not be charged by the Grantee to the Project, and will not be reimbursed by the State. B. The State will reimburse the Grantee's reasonable,allocable,allowable costs of performance of the Work, not exceeding the maximum total of this Grant.The applicable principles described in Exhibit D shall govern the allowability and allocability of costs under this Grant.The Grantee shall comply with all such principles.To be eligible for reimbursement,costs by the Grantee shall be: L in accordance with the provisions,terms and conditions of this Grant; ii. necessary for the accomplishment of the Work; iii.reasonable in the amount for the Goods and Services provided; iv.actual net cost to the Grantee (i.e. the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred); v. incurred for Work performed after the Effective Date of this Grant;and A.satisfactorily documented. Examples of ineligible costs include: L Staff or administrative overhead costs of the Grantee, unless specifically allowed for in the Scope of Work; ii. Fines and penalties; and iii. Entertainment expenses. C. The Grantee shall establish and maintain a proper accounting system in accordance with generally accepted accounting standards and principles (a separate set of accounts, or as a separate and integral part of its current accounting scheme) to assure that Grant Funds are expended and costs accounted for in a manner consistent with this Grant and Project objectives: i. All allowable costs charged to the Project, including any approved services contributed by the Grantee or others, shall be supported by properly executed payrolls, time records, invoices, grants or vouchers evidencing in detail the nature of the charges. ii. Any check or order drawn up by the Grantee, including any item which is or will be chargeable against the Project account shall be drawn up only in accordance with a properly signed voucher then on file in the office of the Grantee, which will detail the purpose for which said check or order is drawn. All checks, payrolls, invoices, grants, vouchers, orders or other accounting documents shall be clearly identified, readily accessible, and to the extent feasible, kept separate and apart from all other such documents. D. The Grantee will prepare and submit to the State, no more than monthly, charges for costs incurred relative to the Project. The Grantee's invoices shall include a description of the amounts of Services performed, the dates of performance and the amounts and description of reimbursable expenses. The invoices will be prepared in accordance with the State's standard policies, procedures and standardized billing format to be supplied by the State. E. To be eligible for payment,billings must be received within 60 days after the period for which payment is being requested and final billings on this Grant must be received by the State within 60 days after termination of this Grant. i. Payments pursuant to this Grant shall be made in whole or in part, from available funds, encumbered for the purchase of the described services. If this Grant is terminated, final FASTERGrant.0l.Jul11—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 payment to the Grantee may be withheld at the discretion of the State until completion of final audit. 2. STATE AND GRANTEE COMMITMENTS CDOT and the Grantee also agree to ensure the Project is completed within the applicable design and construction standards in accordance with Exhibit F-State and Grantee Commitments. 3. PROCUREMENT STANDARDS The Grantee agrees to carry out its procurements consistent with the general procurement standards of the State.The Grantee agrees to follow the general procurement standards set forth in Exhibit E. 4. CONFORMANCE WITH LAW The Grantee and its agent(s)will adhere to all applicable state and federal laws,Executive Orders and implementing regulations as they currently exist and may hereafter be amended.Further,the Grantee agrees to comply with the intent and requirements of the National Environmental Policy Act(NEPA)regardless of whether or not there is federal funding involved, as is consistent with CDOT's Environmental Stewardship Guide. 5. NON DISCRIMINATION The Grantee agrees to comply with and ensure any Subgrantees comply with,the requirements of: A. The American with Disabilities Act,Title II, and its implementing regulations--28 CFR Part 35, and 49 CFR parts 27, 37 and 38; and B. The Civil Rights Act of 1964,Titles VI and VII,and their implementing regulations. 6. STATE INTEREST This section applies if box checked.0 The Grantee understands and agrees that the State retains a State interest in any real property, or equipment financed with State assistance(Project property) until,and to the extent that the State relinquishes its State interest in that Project property, as described in Exhibit A. All State interests in real property or equipment shall survive termination, expiration or cancellation of this Grant.With respect to any Project property financed with State assistance under this Grant,the Grantee agrees to comply with the following: A. Use of Project Property. The Grantee agrees to use Project property for appropriate Project purposes for the duration of the useful life of that property, as required by the State and set forth in the scope. Should the Grantee unreasonably delay or fail to use Project property during the useful life of that property, the Grantee agrees that it may be required to return the entire amount of the State assistance expended on that property. The Grantee further agrees to notify the State immediately when any Project property is withdrawn from Project use or when any Project property is used in a manner substantially different from the representations the Grantee has made to CDOT. B. Maintenance. The Grantee agrees to maintain Project property in good operating order to the State's satisfaction. C. Records. The Grantee agrees to keep satisfactory records pertaining to the use of Project property, and submit to the State upon request such information as may be required to assure compliance with this Section. D. Encumbrance of Project Property. The Grantee agrees to maintain satisfactory continuing control of Project property as follows: i. Written Transactions.The Grantee agrees that it will not execute any transfer of title,lease, lien, FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 pledge, mortgage, encumbrance, third party grant, subgrant, grant anticipation note, alienation, innovative finance arrangement (such as a cross border lease, leveraged lease, or otherwise), or any other obligation pertaining to Project property, that in any way would affect the continuing State interest in that Project property. ii. Oral Transactions. The Grantee agrees that it will not obligate itself in any manner to any third party with respect to Project property. iii. Other Actions. The Grantee agrees that it will not take any action adversely affecting the State interest in or impair the Grantee's continuing control of the use of Project property. E. Transfer of Project Property.The Grantee understands and agrees as follows: i. Grantee Request. The Grantee may transfer any Project property financed with State assistance to another public body or private nonprofit entity to be used for the same purpose set forth herein with no further obligation to the State Government, provided the transfer is approved by the State in writing. ii. State Government Direction. The Grantee agrees that the State may direct the disposition of, and even require the Grantee to transfer, title to any Project property financed with State assistance under this Grant if it is found that the Project property is not being used for the intended purpose as stated in the Scope of Work. iii. Leasing Project Property to Another Party. If the Grantee leases any Project property to another party, the Grantee agrees to retain ownership of the leased Project property, and assure that the lessee will use the Project property appropriately, either through a written lease between the Grantee and lessee, or another similar document, consistent with the Project purpose set forth herein. Upon request by the State, the Grantee agrees to provide a copy of any relevant documents. F. Disposition of Project Property. The Grantee agrees that the State may establish the useful life of Project property, and that it will use Project property continuously and appropriately throughout the useful life of that property. i. Project Property Prematurely Withdrawn from Use. For Project property withdrawn from appropriate use before its useful life has expired,the Grantee agrees as follows: c) Notification Requirement.The Grantee agrees to notify the State immediately when any Project property is prematurely withdrawn from appropriate use, whether by planned withdrawal,misuse, or casualty loss. d) Calculating the Fair Market Value of Prematurely Withdrawn Project Property. The Grantee agrees that the State retains a State interest in the fair market value of Project property prematurely withdrawn from appropriate use. The amount of the State interest in the Project property shall be determined by the ratio of the State assistance awarded for the property to the actual cost of the property. The Grantee agrees that the fair market value of Project property prematurely withdrawn from use will be calculated as follows: (1) Equipment. The Grantee agrees that the fair market value of Project equipment and supplies shall be calculated by straight-line depreciation of that property, based on the useful life of the equipment as established or approved by the State. The fair market value of Project equipment shall be the value immediately before the occurrence prompting the withdrawal of the equipment or supplies from appropriate use. In the case of Project equipment lost or damaged by fire, casualty, or natural disaster, the fair market value shall be calculated on the basis of the condition of that equipment or supplies immediately before the fire, casualty, or natural disaster, irrespective of the extent of insurance coverage. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-3 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 (2) Real Property. The Grantee agrees that the fair market value of real property shall be determined either by competent appraisal based on an appropriate date approved by the State,or by straight line depreciation,whichever is greater. (3) Exceptional Circumstances. The Grantee agrees that the State may require the use of another method to determine the fair market value of Project property. In unusual circumstances, the Grantee may request that another reasonable valuation method be used including, but not limited to, accelerated depreciation, comparable sales, or established market values. In determining whether to approve such a request, the State may consider any action taken, omission made, or unfortunate occurrence suffered by the Grantee with respect to the preservation of Project property withdrawn from appropriate use. e) Financial Obligations to the State. The Grantee agrees to remit to the State the State interest in the fair market value of any Project property prematurely withdrawn from appropriate use. In the case of fire, casualty, or natural disaster, the Grantee may fulfill its obligations to remit the State interest by either: (1) Investing an amount equal to the remaining State interest in like-kind property that is eligible for assistance within the scope of the Project that provided State assistance for the Project property prematurely withdrawn from use; or (2) Returning to the State an amount equal to the remaining State interest in the withdrawn Project property. G. State Interest-Project. The State shall protect its interest in the equipment being obtained with Grant Funds. H. Insurance Proceeds. If the Grantee receives insurance proceeds as a result of damage or destruction to the Project property,the Grantee agrees to: i. Apply those insurance proceeds to the cost of replacing the damaged or destroyed Project property taken out of service,or ii. Return to the State an amount equal to the remaining State interest, based on straight line depreciation,in the damaged or destroyed Project property. I. Misused or Damaged Project Property. If any damage to Project property results from abuse or misuse occurring with the Grantee's knowledge and consent, the Grantee agrees to restore the Project property to its original condition or refund the value of the State interest, based on straight line depreciation,in that property,as the State may require. J. Responsibilities After Project Closeout. The Grantee agrees that Project closeout by the State will not change the Grantee's Project property management responsibilities as stated in this Section of the Grant. 7. RAILROADS This section applies if box checked ❑ In the event the Project involves modification of a railroad company's facilities whereby the Work is to be accomplished by railroad company forces,the Grantee shall make timely application to the Public Utilities Commission requesting its order providing for the installation of the proposed improvements and not proceed with that part of the Work without compliance. The Grantee shall also establish contact with the railroad company involved for the purpose of complying with applicable provisions of 23 CFR 646, subpart B, concerning State or Federal-aid projects involving railroad facilities,including: A. Executing an agreement setting out what work is to be accomplished and the location(s)thereof,and that the costs of the improvement shall be eligible for federal participation. B. Obtaining the railroad's detailed estimate of the cost of the Work. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-4 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 C. Establishing future maintenance responsibilities for the proposed installation. D. Proscribing future use or dispositions of the proposed improvements in the event of abandonment or elimination of a grade crossing. E. Establishing future repair and/or replacement responsibilities in the event of accidental destruction or damage to the installation. 8. UTILITIES,ACCESS,RIGHT OF WAY This section applies if box checked ❑ A. Utilities. ❑ If necessary,the Grantee will be responsible for obtaining the proper clearance or approval from any utility company,local, State,or federal government agency, or other entity which may become involved in this Project. CDOT will reasonably assist Grantee in this regard in all cases in which CDOT is in a unique position to do so,provided that in no case will CDOT be required to expend State funds to provide such assistance. Prior to this Project being advertised for bids,the Grantee will certify in writing to the State that all such clearances have been obtained. B. Access. ❑The Grantee shall be responsible for obtaining an access permit from CDOT Region offices.The Grantee shall be responsible for obtaining a use and occupancy permit from the State.Prior to this Project being advertised for bids,the Grantee will certify in writing to the State that all such clearances have been obtained. C. Right of Way. ❑ The parties acknowledge that the Project is for the mutual benefit of the Grantee and CDOT, and that it shall be constructed on State right of way.As a result of the Project being constructed on State right of way,the Grantee shall be responsible for obtaining an approved Interchange Approval consistent with CDOT Policy Directive 1601.The Grantee shall also be responsible for executing a grant with CDOT that addresses how construction oversight shall be coordinated and carried out. If the Project includes right of way, prior to this Project being advertised for bids, the Grantee will certify in writing to the State that all right of way has been acquired in accordance with the applicable State and federal regulations,or that no additional right of way is required. Any acquisition/relocation activities must comply with all federal and state statutes,regulations,CDOT policies and procedures,49 CFR Part 24,the Uniform Act government-wide regulation-,the FHWA "Project Development Guide"and CDOT's "Right of Way Operations Manual". Allocation of responsibilities can be as follows: • Federal participation in right of way acquisition(3111 charges),relocation(3 109 charges)activities, if any, and right of way incidentals (expenses incidental to acquisition/relocation of right of way— 3114 charges); • Federal participation in right of way acquisition (3111 charges), relocation (3109 charges) but no participation in incidental expenses(3114 charges); or • No federal participation in right of way acquisition (3111 charges) and relocation activities (3109 expenses). Regardless of the option selected above,the State retains oversight responsibilities.The Grantee's and the State's responsibilities for each option is specifically set forth in CDOT's Right of Way Operation Manual. The manual is located at http://www.dot.state.co.us/ROW Manual/. 9.DISADVANTAGE BUSINESS ENTERPRISE("DBE")EFFORTS The State encourages the Grantee to utilize small businesses owned by minorities,women and disadvantaged individuals to the greatest extent possible without sacrificing adequate competition.The FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-5 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 Grantee is reminded of the illegality of discrimination and of the need to take all necessary and reasonable steps to ensure non-discrimination in the area of contracting and procurement and to create a level playing field where small minority,women,and disadvantaged businesses can compete fairly in CDOT assisted contracts and procurements. This policy specifically upholds the Transportation Commission's commitment to fair and equitable business practices and is supported by CDOT's small business development programs. The CDOT Center for Equal Opportunity(EO)can provide lists of qualified DBE/MBE/WBE vendors as well as other technical assistance. Inquiries can be directed to the Director of Center for Equal Opportunity or Business Team Supervisor at 303-757-9234. 10. MAINTENANCE OBLIGATIONS This section applies if box checked ❑ The Grantee will maintain and operate the improvements constructed under this Grant at its own cost and expense during their useful life,in a manner reasonably satisfactory to the State.The Grantee will make proper provisions for such maintenance obligations each year. Such maintenance and operations shall be conducted in accordance with all applicable statutes,ordinances and regulations which define the Grantee's obligations to maintain such improvements.The State may make periodic inspections of the Project to verify that such improvements are being adequately maintained. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit B-6 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT C—GRANTEE PAYMENT CHECKLIST Grantee Payment Checklist 01/19/2011 This checklist is to assist the Grantee in preparation of its billing packets to CDOT.This checklist is provided as guidance and is subject to change by CDOT.CDOT shall provide notice of any such changes to Grantee.All items may not apply to your particular entity.CDOT's goal is to reimburse Grantees as quickly as possible and a well organized and complete billing packet helps to expedite payment. ➢ Information to be included on the Invoice from the Grantee: ✓ PO Number ✓ WBS ✓ Section/Program Number ✓ Name ✓ Address ✓ Phone Number ✓ Invoice Number ✓ Billing Period ✓ Total Amount of Grant,Previous Grant Balance,Total Eligible Expenses,Federal Share,Local Fund,New Grant Balance and Total Amount to be Reimbursed to Grantee ✓ Signature of Grantee Financial Representative ➢ Copies of invoices from the Grantee Subgrantees(Tier I and some Tier IIs) • Include a copy of the specific document the Subgrantee used to invoice the Grantee. The Grantee is responsible for ensuring that the backup matches the invoice and is eligible for reimbursement. • The CDOT grant manager will review and determine if the Grantee expenses are eligible for reimbursement. • If the Grantee pays the Subgrantee a discounted amount,the full amount cannot be reimbursed to the Grantee.The Grantee will only be reimbursed up to the actual amount paid to the Grantee's Subgrantee. • Please ensure that all payment vouchers include some notation of when it was paid or approved for payment. • Invoice(s) should match the check amount.An additional explanation and documentation is required for any variances. • Estimates, statements and emails are not acceptable in lieu of an invoice copy. ➢ Copies of checks(All Tiers) ✓ All of the following are acceptable-copies of checks,check registers, approved accounting system generated expenditure ledgers showing the amount paid,the check number or electronic funds transfer("EFT")and the date paid. ✓ CDOT needs to ensure that expenditures incurred by the Grantee have been paid by the Grantee be ore CDOT is invoiced by the Grantee. ➢ Expenditure ledger(All Tiers) ✓ An expenditure ledger needs to be submitted from the Grantee's financial accounting system. The report should display the accounting system information,date of the report,accounting period, current period transactions,and the account coding for all incurred expenditures.Excel spreadsheets FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit C-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 are not approved expenditure reports.However, an additional excel spreadsheet may be required in order to explain any variances between the expenditure and the amount eligible for reimbursement. • CFR 49 part 18 Section 18.20 Standards for Financial Management Systems,requires theGrantee to have approved accounting systems so this should not be difficult to generate by cost center specific to the reimbursable Project.The expenditure report is a good summary page if there is substantial documentation. • If the Grantee has copies of the invoice(s)and check(s),you do not need the expenditure ledger also,but the invoices must be marked as approved for payment. ➢ Timesheets(Tier I and some Tier Ils) • Timesheets should show a breakdown of all hours and all Projects worked for the day, week,month or time collection period.The timesheet must also be signed or approved either in ink or electronically. If an electronic approval occurs,the supervisors' signature will be required on the electronic time report submitted for reimbursement. • Backup documentation for payroll expenses includes the timesheet,an hourly or salary rate and a payroll ledger indicating total hours, wages,and benefits. If there is sensitive information such as social security numbers or addresses,please block or delete that information prior to submitting it. ➢ In kind match—If a Grantee wishes to use in-kind match,it must be approved by CDOT prior to any work taking place.(All Tiers) • If an in kind match is being used for the local funds the in-kind portion of the Project must be included in the scope of work attached to the Grant or purchase order.FTA does not require pre- approval of inkind,but FHWA and CDOT do. • Documentation such as an invoice copy,time sheet,etc. is still required for all in-kind transactions. The documentation varies depending on the source of the in-kind. • Expenditure ledger from the Grantee must also show the in kind match in their general ledger. • If the Grantee is using in kind match,they also need to attach a drawdown schedule indicating how much in-kind match was received,the date they received it,how much has been applied to the current invoice and how much has been carried forward. The carry forward balance for in-kind expires when the Grant term expires. • Full documentation will be required on the use of in-kind match,regardless of the Tier held by the Grantee. ➢ Indirect costs-If a Grantee wishes to use indirect costs,the rate must be approved by CDOT prior to applying it to the reimbursements(All Tiers) If indirect costs are being requested,please submit an approved indirect letter provided by either CDOT or another State of Colorado agency.The letter must state what indirect costs are allowed,the approved rate and the time period for the approval.The indirect cost plan must be reconciled annually and an updated letter submitted each year thereafter. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit C-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT D—C-49 CFR 18 SUBPART C This Exhibit D includes select applicable provisions as they exist or as of the Effective Date.Grantee is responsible for compliance with all State and federal laws,rules and regulations as they currently exist and may hereafter be amended. Financial Administration Sec. 18.20 Standards for financial management systems. (a) A State must expend and account for grant funds in accordance with State laws and procedures for expending and accounting for its own funds. Fiscal control and accounting procedures of the State,as well as its subgrantees and cost-type contractors,must be sufficient to- (1)Permit preparation of reports required by this part and the statutes authorizing the grant,and (2)Permit the tracing of funds to a level of expenditures adequate to establish that such funds have not been used in violation of the restrictions and prohibitions of applicable statutes. (b) The financial management systems of other grantees and subgrantees must meet the following standards: (1)Financial reporting.Accurate,current,and complete disclosure of the financial results of financially- assisted activities must be made in accordance with the financial reporting requirements of the grant or subgrant. (2)Accounting records.Grantees and subgrantees must maintain records which adequately identify the source and application of funds provided for financially assisted activities.These records must contain information pertaining to grant or subgrant awards and authorizations,obligations,unobligated balances, assets,liabilities, outlays or expenditures,and income. (3)Internal control. Effective control and accountability must be maintained for all grant and subgrant cash,real and personal property, and other assets.Grantees and subgrantees must adequately safeguard all such property and must assure that it is used solely for authorized purposes. (4)Budget control. Actual expenditures or outlays must be compared with budgeted amounts for each grant or subgrant. Financial information must be related to performance or productivity data,including the development of unit cost information whenever appropriate or specifically required in the grant or subgrant agreement. If unit cost data are required,estimates based on available documentation will be accepted whenever possible. (5)Allowable cost.Applicable OMB cost principles,agency program regulations,and the terms of grant and subgrant agreements will be followed in determining the reasonableness, allowability, and allocability of costs. (6) Source documentation.Accounting records must be supported by such source documentation as cancelled checks,paid bills,payrolls,time and attendance records,contract and subgrant award documents,etc. FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Exhibit D-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 Sec. 18.22 Allowable costs. (a)Limitation on use of funds. Grant funds may be used only for: (1)The allowable costs of the grantees, subgrantees and cost-type contractors,including allowable costs in the form of payments to fixed-price contractors;and (2)Reasonable fees or profit to cost-type contractors but not any fee or profit(or other increment above allowable costs)to the grantee or subgrantee. (b)Applicable cost principles. For each kind of organization,there is a set of federal principles for determining allowable costs.Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs.The following chart lists the kinds of organizations and the applicable cost principles. For the costs of a Use the principles in-- State,local or Indian tribal government. OMB Circular A-87. Private nonprofit organization other than an(1)institution of OMB Circular A-122. higher education, (2)hospital,or(3) organization named in OMB Circular A122 as not subject to that circular. Educational institutions. OMB Circular A-21. For-profit organization other than a hospital and an 48 CFR part 31. Contract Cost Principles and organization named in OMB Circular A122 as not subject to Procedures,or uniform cost accounting that circular. standards that comply with cost principles acceptable to the federal agency. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.01.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit D-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT E—GENERAL PROCUREMENT STANDARDS This Exhibit E includes select applicable provisions as they exist or as of the Effective Date.Grantee is responsible for compliance with all State and federal laws,rules and regulations as they currently exist and may hereafter be amended. General Procurement Standards 1. Maintain a contract administration system which ensures that contractors perform in accordance with the terms,conditions,and specifications of the contract or purchase order. 2. Maintain a written code of standards of conduct governing the performance of their employees - - - engaged in the award and administration of contracts. 3. Maintain procedures that provide for the review of proposed procurements to avoid purchase of unnecessary or duplicative items. 4. Use value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions. 5. Make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement.Consideration shall be given to such matters as contractor integrity,compliance with public policy,record of past performance, and financial and technical resources. 6. Maintain records sufficient to detail the significant history of the procurement. Including: a. Rationale for the method of procurement; b. Selection of contract type; c. Contractor selection or rejection; d. Basis for the contract price;and e. Other. 7. Maintain protest procedures to handle and resolve disputes relating to procurements. 8. All procurement transactions shall be conducted in a manner providing full and open competition. 9. Maintain written selection procedures for procurement transactions. 10. Ensure that all pre-qualified list of persons,firms, or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. 11. Method of procurements to be followed: a. Small Purchase—is a relatively simple and informal procurement method for securing services, supplies, or other property that do not cost more than$150,000.00. If small purchase procedures are used,price or rate quotation shall be obtained from at lease three sources. Quotations will be in writing if for goods in excess of$10,000 and if for services in excess of$25,000.00. b. Formal Sealed Bids—are publicly solicited and a firm-fixed-prices (lump sum or unit price)is awarded to the responsible bidder whose bid,conforming with all the material terms and conditions of the invitation for bids,is the lowest in price.This method is preferred for procuring construction. If this method is used,the following requirements apply: i. Must be publicly advertised; ii. Must give at least 14 days for bidders to respond; FASTERGrant.0l.Ju111—orignated from approved OSC Grant template Rev 1/12/11 Exhibit E-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 iii. Must include any specifications and pertinent attachments to all bidders to respond properly; iv. All bids will be publicly opened at the time and place prescribed in the invitation for bid; v. A firm fixed-price contract award will be made in writing to the lowest responsive and responsible bidder; and vi. Any or all bids may be rejected if there is a sound documented reason. c. Competitive Proposals—are generally used when conditions are not appropriate for the use of sealed bids. If this method is used,the following requirements apply: i. Request for proposals will be publicized; ii. Identify all evaluation factors and their relative importance; iii. Proposals will be solicited from an adequate number of qualified sources; iv. Have a method for conducting technical evaluation of the proposals received and for selecting awardees; v. Awards will be made to the responsible firm whose proposal is most advantageous to the program,with price and other factors considered; and vi. May be used for qualifications-based procurement of architectural/engineering professional services whereby competitors' qualifications are evaluated and the most qualified competitor is selected.Note—the method,where price is not used as a selection factor,can only be used in procurement of A/E professional services.It cannot be used to purchase other types of services through A/E firms. See also Exhibit I for procurement of A/E professional services. d. Noncompetitive Proposals- may be used only when the award of a contract is infeasible under the other three methods and the following circumstances applies: i. The item is available only from a single source; ii. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; iii. The awarding agency authorizes noncompetitive proposals; or iv. After solicitation of a number of sources,competition is determined inadequate. 12. Small,Minority and Women owned business enterprise and labor surplus area firms—In accordance with Exhibit B, Section 9 take affirmative steps to assure that minority and women business enterprises, and labor surplus area firms are used when possible. i. Placing qualified firms on solicitation lists; ii. Assuring that firms are solicited whenever they are potential sources; iii. Dividing total quantities to permit maximum participation; iv. Establishing delivery schedules,where the requirement permits, which encourage participation by S/M/W owned firms; and v. Using the services of the Small Business Administration,Minority Business Development Agency of the Department of Commerce,the CDOT EO office or other agencies that qualify S/M/W owned firms. 13. Bonding requirements—For construction or facility improvement contracts or subcontracts exceeding$100,000.00. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0l.Jun11—originated from approved OSC Grant template Rev 1/12/11 Exhibit E-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT F—STATE AND GRANTEE COMMITMENTS A. Design This section applies if box checked ❑ 1. Work including preliminary design or final design (the "Construction Plans"), design work sheets, or special provisions and estimates(collectively referred to as the"Plans"),requires that the Grantee comply with the following requirements,as applicable: a. perform or provide the Plans,to the extent required by the nature of the Work; b. prepare final design (Construction Plans) in accord with the requirements of the latest edition of the American Association of State Highway Transportation Officials (AASHTO) manual or other standard,such as the Uniform Building Code,as approved by CDOT; c. prepare special provisions and estimates in accord with the State's Roadway and Bridge Design Manuals and Standard Specifications for Road and Bridge Construction or Grantee specifications if approved by CDOT; - d. include details of any required detours in the Plans, in order to prevent any interference of the construction Work and to protect the traveling public; e. stamp the Plans produced by a Colorado Registered Professional Engineer; f. provide final assembly of Plans and Grant documents; g. be responsible for the Plans being accurate and complete; and It. make no further changes in the Plans following the award of the construction contract except in writing approved by all the Parties. The Plans shall be considered final when approved and accepted by the Parties hereto, and when final they shall be deemed incorporated herein. 2. Grantee: a. shall comply with the requirements of the Americans With Disabilities Act(ADA),and applicable federal regulations and standards as contained in the document"ADA Accessibility Requirements in CDOT Transportation Projects"; b. (If applicable)shall afford the State ample opportunity to review the Plans and make any changes in the Plans that are directed by the State to comply with FHWA requirements. C. may enter into a contract with a Subgrantee to do all or any portion of the Plans and/or of construction administration.Provided,however,that if State funds are involved in the cost of such work to be done by a Subgrantee,that Subgrantee subgrant(and the performance/provision of the Plans under the subgrant)must comply with all applicable requirements of 23 CFR Part 172 and with any procedures implementing those requirements as provided by the State, including those in this Grant. If the Grantee does enter into a subgrant with a Subgrantee for the Work: (1) Grantee shall submit a certification that procurement of any design Subgrantee subgrant complied with the requirements of 23 CFR 172.5(1) prior to entering into subgrant. The State shall either approve or deny such procurement. If denied, the Grantee may not enter into the subgrant. (2) Grantee shall ensure that all changes in the Subgrantee subgrant have prior approval by the State. Such changes in the subgrant shall be by written supplement grant. As soon as the subgrant with the Subgrantee has been awarded by the Grantee, one copy of the executed subgrant shall be submitted to the State. Any amendments to such subgrant shall also be submitted. (3) it shall require that all Subgrantee billings under that subgrant shall comply with the State's standardized billing format. Examples of the billing formats are available from the CDOT Agreements Office. FASTERGrant.0l.7u111—orignated from approved OSC Grant template Rev 1/12/11 Exhibit F-I MOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 (4) it (or its Subgrantee) shall use the CDOT procedures described to administer that design Subgrantee subgrant,to comply with 23 CFR 172.5(b)and(d). (5) it may expedite any MOT approval of its procurement process and/or Subgrantee subgrant by submitting a letter to MOT from the certifying Grantee's attorney/authorized representative certifying compliance with 23 CFR 172.5(b)and(d). (6) it shall ensure that its Subgrantee subgrant complies with the requirements of 49 CFR 18.36(i)and contains the following language verbatim: (a) "The design work under this Grant shall be compatible with the requirements of the Grant between the Grantee and the State (which is incorporated herein by this reference)for the design/construction of the Project. The State is an intended third party beneficiary of this subgrant for that purpose." (b) "Upon advertisement of the Project work for construction, the Subgrantee shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the Project." (c) "The Subgrantee shall review the construction Subgrantee's shop drawings for conformance with the subgrant documents and compliance with the provisions of the State's publication, Standard Specifications for Road and Bridge Construction, in connection with this work." d. The State, in its discretion, will review construction plans, special provisions and estimates and will cause the Grantee to make changes therein that the State determines are necessary to ensure compliance with State and federal requirements. B. Construction This section applies if box checked ❑ 1. Work including construction requires that,the Grantee perform the construction and construction administration in accordance with the approved Plans and CDOT oversight. Such administration shall include Project inspection and testing; approving sources of materials;performing required plant and shop inspections;documentation of grant payments,testing and inspection activities; preparing and approving pay estimates;preparing,approving and securing the funding for Grant modification orders and minor subgrant revisions;processing Subgrantee claims;construction supervision; and meeting the Quality Control requirements of CDOT which can be found in the FHWA and CDOT Stewardship agreement located at: http://www.coloradodot.info[business/permits/accesspermits/references/stewardship-agreement.pdf. 2. The State shall have the authority to suspend the Work, wholly or in part, by giving written notice thereof to the Grantee, due to the failure of the Grantee or its Subgrantee to correct Project conditions which are unsafe for workers or for such periods as the State may deem necessary due to unsuitable weather, or for conditions considered unsuitable for the prosecution of the Work, or for any other condition or reason deemed by the State to be in the public interest. 3. Grantee: a. shall appoint a qualified professional engineer, licensed in the State of Colorado, as the Grantee Project Engineer ("LAPE"), to perform that administration. The LAPE shall administer the Project in accordance with this Grant, the requirements of the construction subgrant and applicable State procedures. b. if bids are to be let for the construction of the Project, it shall advertise the call for bids upon approval by the State and award the construction subgrant(s) to the low responsible bidder(s) upon approval by the State. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit F-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 (1) In advertising and awarding the bid for the construction, the Grantee shall comply with applicable requirements of 23 USC §112, 23 CFR Parts 633 and 635, and CRS §24-92-101 et seq. Those requirements include, without limitation, that the Grantee/Subgrantee shall comply with terms and conditions as required by 23 CFR §633.102(e). (2) The Grantee has the option to accept or reject the proposal of the apparent low bidder for work on which competitive bids have been received. The Grantee must declare the acceptance or rejection within 3 working days after said bids are publicly opened. (3) By indicating its concurrence in such award, the Grantee, acting by or through its duly authorized representatives, agrees to provide additional funds, subject to their availability and appropriation for that purpose, if required to complete the Work under this Project if no additional State funds will be made available for the Project. This paragraph also applies to Projects advertised and awarded by the State. c. If all or part of the construction Work is to be accomplished by Grantee personnel (i.e. by force account), rather than by a competitive bidding process, the Grantee will ensure that all such force account work is accomplished in accordance with the pertinent State specifications and requirements with 23 CFR Part 635, Subpart B,Force Account Construction. (1) Such Work will normally be based upon estimated quantities and firm unit prices agreed to between the Grantee,the State and FHWA (if needed)in advance of the Work, as provided for in 23 CFR §635.204(c). Such agreed unit prices shall constitute a commitment as to the value of the Work to be performed. (2) An alternative to the above is that the Grantee may agree to participate in the Work based on actual costs of labor, equipment rental, materials supplies and supervision necessary to complete the Work. Where actual costs are used, eligibility of cost items shall be evaluated for compliance with 48 CFR Part 31. (3) Rental rates for publicly owned equipment will be determined in accordance with the State's Standard Specifications for Road and Bridge Construction §109.04. (4) All force account work shall have prior approval of the State and/or FHWA(if needed) and shall not be initiated until the State has issued a written notice to proceed. C. State's Obligations 1. The State will perform a final Project inspection prior to Project acceptance as a "Quality Control/Assurance" activity. When all Work has been satisfactorily completed, the State will sign the CDOT Form 1212(for FHWA),if applicable. 2. Notwithstanding any consents or approvals given by the State for the Plans,the State will not be liable or responsible in any manner for the structural design, details or construction of any major structures that are designed by or are the responsibility of the Grantee within the Work of this Grant. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0l.Jul l l—orignated from approved OSC Grant template Rev 1/12/11 Exhibit F-3 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT G—OPTION LETTER NOTE: This option is limited to the specific scenarios listed below AND cannot be used in place of exercising a formal amendment. SAP PO# Origianl CMS Option Letter No. CMS# Contractor/Grantee: A.SUBJECT: (Choose applicable options listed below AND in section B and delete the rest) 1. Option to renew(for an additional term); this renewal cannot be used to make any change to the original scope of work; and 2. Option to initiate next phase to include Design,Construction,Environmental,Utilities,ROW ONLY (does not apply to Acquisition/Relocation or Railroads); B.REQUIRED PROVISIONS.All Option Letters shall contain the appropriate provisions set forth below: (Insert the following language for use with Option#1): In accordance with Paragraph(s) of grant routing number(insert FY,Agency code, & CLIN routing#),between the State of Colorado,Department of Transportation, and(insert Grantees name)the State hereby exercises the option for an additional term of(insert performance period here)at a cost/price specified in Paragraph/Section/Provision of the original grant,AND/OR an increase in the amount of goods/services at the same rate(s) as specified in Paragraph of the original grant. (Insert the following language for use with Option#2): In accordance with the terms of the original grant (insert FY,Agency code & CLIN routing#)between the State of Colorado,Department of Transportation and (insert Grantee's name here), the State hereby exercises the option to initiate the phase in(indicate Fiscal Year here)that will include(describe which phase will be added and include all that apply—Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous).Total funds for this Grant remain the same (indicate total dollars here)as referenced in Paragraph/Section/Provision/Exhibit of the original grant. (The following language must be included on all options):The amount of the current Fiscal Year grant value is(increased/decreased)by ($amount of change)to a new Grant value of($ )to satisfy services/goods ordered under the grant for the current fiscal year(indicate Fiscal Year). The first sentence in Paragraph/Section/Provision is hereby modified accordingly. The total grant value to include all previous amendments,option letters,etc. is ($ ).The effective date of this Option Letter is upon approval of the State Controller or delegate,whichever is later. State of Colorado: John W. Hickenlooper, Governor By: Date: Executive Director, Colorado Department of Transportation ALL GRANTS REQUIRE APPROVAL BY THE STATE CONTROLLER CRS X24-30-202 requires the State Controller to approve all State grants.This Option Letter is not valid until signed and dated below by the State Controller or delegate.Grantee is not authorized to begin performance until such time.If Grantee begins performing prior thereto,the State of Colorado is not obligated to pay Grantee for such performance or for any goods and/or services provided hereunder. B.STATE CONTROLLER David J.McDermott,CPA By: Controller-Colorado Department of Transportation Date: FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit G-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT H—SECURITY AGREEMENT This Security Agreement is made by and between the State of Colorado for the use and benefit of THE COLORADO DEPARTMENT OF TRANSPORTATION,DIVISION OF TRANSIT AND RAIL, ("State")and , ("Grantee"). A. Purpose.This Security Agreement is made for the purpose of securing the State interest in transit vehicles or other project equipment("Project Equipment")purchased with State grant funds awarded to the Grantee pursuant to the Grant Agreement between the State and Grantee dated this day of , 20 and identified as contract# ("Grant"). The security interest granted to the State herein is to ensure that the State may access,protect and, if necessary,dispose of the federal interest in each item of Project Equipment and to ensure the proper use of the Project Equipment.The Grantee shall have no right in the State interest in such Project Equipment. B.Project Equipment.Not later than three days after the purchase and acceptance of Project Equipment, the Grantee shall complete and return to the State a"Certificate of Procurement and Acceptance"form, which then becomes Addendum I to this Security Agreement.In the case of vehicle procurement,this certificate must indicate the year, make,model, VIN, and any other information needed to register the vehicle. C. Security Interest. In consideration of the value provided to the Grantee under the Grant,the Grantee hereby gives and grants to the State a security interest in the Project Equipment described in Addendum I and/or described below as follows: MAKE/MODEL/VIN or description of equipment: This security interest shall apply to the Project Equipment acquired pursuant to the Grant whether purchased before or after the date this Security Agreement is executed. The Grantee hereby authorizes the State to describe in the space above the Project Equipment subject to this Security Agreement. D. Lien.The State may place a lien on the title of each Project Equipment vehicle based upon this Security Agreement.The State shall retain physical possession of the titles of such Project Equipment vehicles and the Grantee agrees that the State shall be considered"in possession"of such vehicles for the purpose of any document required by State law to repossess such vehicles if necessary. E.Disposition of Equipment.In addition to the security interest granted herein,the Grantee agrees to and acknowledges the right of the State to remove all Project Equipment from the Grantee's premises and to take possession of any of the Project Equipment, if the Grantee fails to satisfactorily perform the Project services as detailed in the Grant,or if the State determines for any other reason,including but not limited to termination of the Grant,that the disposition of the State interest in such Project Equipment is in the best interest of the State.The Grantee agrees that it will in no way oppose the State's exercise of such right and that it will assist the State to obtain possession and to remove such vehicles. F.Assignment. The Grantee agrees not to assert against any assignee of the State any defenses or claims the Grantee may have against the State. FASTERGrant.0l.Jul l l —originated from approved OSC Grant template Rev 1/12/11 Exhibit H-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 Grantee hereby executes this Security Agreement as of the date below: ATTEST: FOR THE GRANTEE By: Print Name: Date: Title: FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit H-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT I- STATE or FEDERAL-AID PROJECT AGREEMENTS WITH PROFESSIONAL SUBGRANTEE SERVICES The Grantee shall use these procedures to implement State or Federal-aid project agreements with professional Subgrantee services including,but not limited to engineering,design,or architectural services. 23 CFR Part 172 applies to a federally funded Grantee project agreement administered by CDOT that involves professionalSubgrantee services. 23 CFR§172.1 states "The policies and procedures involve federally funded grants for engineering and design related services for projects subject to the provisions of 23 USC §112(a)and are issued to ensure that a qualified Subgrantee is obtained through an equitable selection process,that prescribed work is properly accomplished in a timely manner, and at fair and reasonable cost"and according to 23 CFR §172.5 "Price shall not be used as a factor in the analysis and selection phase."Therefore,local agencies must comply with these CFR requirements when obtaining professional Subgrantee services under a federally funded Subgrantee subgrant administered by CDOT. CDOT has formulated its procedures in Procedural Directive(P.D.)400.1 and the related operations guidebook titled "Obtaining Professional Subgrantee Services". This directive and guidebook incorporate requirements from both Federal and State regulations,i.e., 23 CFR Part 172 and Colorado Revised Statute CRS §24-30-1401 et seq.Copies of the directive and the guidebook may be obtained upon request from CDOT's Agreements and Consultant Management Unit. [Local agencies should have their own written procedures on file for each method of procurement that addresses the items in 23 CFR Part 172]. Because the procedures and laws described in the Procedural Directive and the guidebook are quite lengthy,the subsequent steps serve as a short-hand guide to CDOT procedures that a Grantee must follow in obtaining professional Subgrantee services.This guidance follows the format of 23 CFR Part 172.The steps are: 1. The contracting Grantee shall document the need for obtaining professional services. 2. Prior to solicitation for Subgrantee services,the contracting Grantee shall develop a detailed scope of work and a list of evaluation factors and their relative importance.The evaluation factors are those identified in CRS §24-30-1403. Also, a detailed cost estimate should be prepared for use during negotiations. 3. The contracting agency must advertise for grants in conformity with the requirements of CRS §24-30-1405.The public notice period,when such notice is required, is a minimum of 15 days prior to the selection of the three most qualified firms and the advertising should be done in one or more daily newspapers of general circulation. 4. The request for Subgrantee services should include the scope of work,the evaluation factors and their relative importance,the method of payment, and the goal of ten percent(10%)for Disadvantaged Business Enterprise(DBE)participation as a minimum for the project. 5. The analysis and selection of the Subgrantee should be done in accordance with CRS §24-30- 1403.This section of the regulation identifies the criteria to be used in the evaluation of CDOT pre-qualified prime Subgrantee and their team. It also shows which criteria are used to short-list and to make a final selection. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit I-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 The short-list is based on the following evaluation factors: a. Qualifications, b. Approach to the project, c.Ability to furnish professional services. d. Anticipated design concepts, and e.Alternative methods of approach for,furnishing the professional services. Evaluation factors for final selection are the Subgrantee's: a.Abilities of their personnel, b. Past performance, c.Willingness to meet the time and budget requirement, d.Location, e.Current and projected work load, f. Volume of previously awarded contracts, and g. Involvement of minority Subgrantees. 6. Once a Subgrantee is selected,the Grantee enters into negotiations with the Subgrantee to obtain a fair and reasonable price for the anticipated work. Pre-negotiation audits are prepared for grants expected to be greater than$50,000.Federal reimbursement for costs are limited to those costs allowable under the cost principles of 48 CFR Part 31.Fixed fees (profit)are determined with consideration given to size,complexity,duration, and degree of risk involved in the work.Profit is in the range of six(6)to fifteen(15)percent of the total direct and indirect costs. 7. A qualified Grantee employee shall be responsible and in charge of the project to ensure that the work being pursued is complete,accurate, and consistent with the terms,conditions, and specifications of the Grant.At the end of project,the Grantee prepares a performance evaluation (a CDOT form is available)on the Subgrantee. 8. Each of the steps listed above is to be documented in accordance with the provisions of 49 CFR §18.42, which provide for records to be kept at least three(3)years from the date that the Grantee submits its final expenditure report.Records of projects under litigation shall be kept at least three (3)years after the case has been settled. The CRS §§24-30-1401 through 1408, 23 CFR Part 172, and P.D.400.1,provide additional details for complying with the eight(8) steps just discussed. THE REST OF THIS PAGE INTENTIONALLY LEFT BLANK FASTERGrant.0l.Jul l I—originated from approved OSC Grant template Rev 1/12/11 Exhibit I-2 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 EXHIBIT J—GRANTEE CONTRACT ADMINISTRATION CHECKLIST The following checklist has been developed to ensure that all required aspects of a project approved for federal funding have been addressed and a responsible party assigned for each task. After a project has been approved for federal funding in the Statewide Transportation Improvement Program, CDOT Project Manager,Grantee Project Manager, and CDOT Resident Engineer prepare the checklist.It becomes a part of the contractual Grant.CDOT will not process a Grant without this completed checklist. It will be reviewed at the"Final Office Review"meeting to ensure that all parties remain in agreement as to who is responsible for performing individual tasks. COLORADO DEPARTMENT OF TRANSPORTATION GRANTEE CONTRACT ADMINISTRATION CHECKLIST Project No. STIP No. Project Code Region Project Location Date Project Description Grantee Grantee Project Manager City of Aspen CDOT Resident Engineer CDOT Project Manager INSTRUCTIONS: This checklist shall be utilized to establish the contract administration responsibilities of the individual parties to this Grant.The checklist becomes an attachment to the Grant. Section numbers correspond to the applicable chapters of the CDOT Local Agency Manual. The checklist shall be prepared by placing an "X" under the responsible party, opposite each of the tasks.The"X" denotes the party responsible for initiating and executing the task. Only one responsible party should be selected. When neither CDOT nor the Grantee is responsible for a task, not applicable(NA)shall be noted. In addition,a will denote that CDOT must concur or approve. Tasks that will be performed by headquarters staff will be indicated.The regions, in accordance with established policies and procedures,will determine who will perform all other tasks that are the responsibility of CDOT. The checklist shall be prepared by the CDOT Resident Engineer or the CDOT Project Manager,in cooperation with the Grantee Project Manager, and submitted to the CDOT Program Engineer. If contract administration responsibilities change,the CDOT Resident Engineer,in cooperation with the Grantee Project Manager, will prepare and distribute a revised checklist. FASTERGrant.0l.Ju111—originated from approved OSC Grant template Rev 1/12/11 Exhibit J-1 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY Grantee CDOT TIP/STIP AND LONG-RANGE PLANS 2.1 1 Review Project to ensure it is consist with STIP and amendments thereto X FEDERAL FUNDING OBLIGATION AND AUTHORIZATION 4.1 Authorize funding by phases(CDOT Form 418—State or Federal-aid Program Data. X Requires FHWA concurrence/involvement) PROJECT DEVELOPMENT 5.1 Prepare Design Data-CDOT Form 463 5.2 Prepare Grantee/CDOT Inter-Governmental Agreement(see also Chapter 3) X 5.3 Conduct Consultant Selection/Execute Consultant Agreement 5.4 Conduct Design Scoping Review Meeting 5.5 Conduct Public Involvement 5.6 Conduct Field Inspection Review(FIR) 5.7 Conduct Environmental Processes(may require FHWA concurrence/involvement) 5.8 Acquire Right-of-Way(may require FHWA concurrence/involvement) 5.9 Obtain Utility and Railroad Agreements 5.10 Conduct Final Office Review(FOR) 5.11 Justify Force Account Work by the Grantee 5.12 Justify Proprietary,Sole Source,or Grantee Furnished Items 5.13 Document Design Exceptions-CDOT Form 464 5.14 Prepare Plans,Specifications and Construction Cost Estimates 5.15 Ensure Authorization of Funds for Construction X PROJECT DEVELOPMENT CIVIL RIGHTS AND LABOR COMPLIANCE 6.1 Set Underutilized Disadvantaged Business Enterprise(UBDE)Goals for Consultant and Construction Contracts(CDOT Region EEO/Civil Rights Specialist) 6.2 Determine Applicability of Davis-Bacon Act X This project❑is ❑is not exempt from Davis-Bacon requirements as determined by the functional classification of the project location(Projects located on local roads and rural minor collectors may be exempt.) CDOT Resident Engineer(Signature on File) Date 6.3 Set On-the-Job Training Goals.Goal is zero if total construction is less than$1 million X (CDOT Region EEO/Civil Rights Specialist) 6.4 Title VI Assurances Ensure the correct Federal Wage Decision,all required Disadvantaged Business Enterprise/On-the-Job Training special provisions and FHWA Form 1273 are included in the Contract(CDOT Resident Engineer) X ADVERTISE,BID AND AWARD 7.1 Obtain Approval for Advertisement Period of Less Than Three Weeks 7.2 Advertise for Bids 7.3 Distribute"Advertisement Set"of Plans and Specifications 7.4 Review Worksite and Plan Details with Prospective Bidders While Project Is Under Advertisement 7.5 Open Bids 7.6 Process Bids for Compliance FASTERGrant.01.Jull I—originated from approved OSC Grant template Rev 1/12/11 Exhibit J-2 CDOT-Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 RESPONSIBLE NO. DESCRIPTION OF TASK PARTY Grantee CDOT Check CDOT Form 715-Certificate of Proposed Underutilized DBE Participation when the low bidder meets UDBE goals X * Evaluate CDOT Form 718-Underutilized DBE Good Faith Effort Documentation and determine if the Contractor has made a good faith effort when the low bidder does not meet X �x DBE goals Submit required documentation for CDOT award concurrence 7.7 Concurrence from CDOT to Award X 7.8 Approve Rejection of Low Bidder X 7.9 Award Contract 7.10 Provide"Award"and"Record"Sets of Plans and Specifications CONSTRUCTION MANAGEMENT 8.1 Issue Notice to Proceed to the Contractor 8.2 Project Safety X 8.3 Conduct Conferences: Pre-Construction Conference(Appendix B) Pre-survey • Construction staking • Monumentation Partnering(Optional) Structural Concrete Pre-Pour(Agenda is in CDOT Construction Manual) Concrete Pavement Pre-Paving(Agenda is in CDOT Construction Manual) HMA Pre-Paving(Agenda is in CDOT Construction Manual) 8.4 Develop and distribute Public Notice of Planned Construction to media and local residents 8.5 Supervise Construction _" A Professional Engineer(PE)registered in Colorado,who will be"in responsible charge of construction supervision." Grantee Professional Engineer or Phone number CDOT Resident Engineer Provide competent,experienced staff who will ensure the Contract work is constructed in accordance with the plans andspecifications s< Construction inspection and documentation 8.6 Approve Shop Drawings 8.7 Perform Traffic Control Inspections 8.8 Perform Construction Surveying 8.9 Monument Right-of-Way FASTERGrant.0l.Jul l I-originated from approved OSC Grant template Rev 1/12/11 Exhibit J-3 CDOT—Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 8.10 Prepare and Approve Interim and Final Contractor Pay Estimates Provide the name and phone number of the person authorized for this task. Grantee Representative Phone number 8.11 Prepare and Approve Interim and Final Utility and Railroad Billings 8.12 Prepare Grantee Reimbursement Requests X 8.13 Prepare and Authorize Change Orders 8.14 Approve All Change Orders X 8.15 1 Monitor Project Financial Status 8.16 Prepare and Submit Monthly Progress Reports 8.17 Resolve Contractor Claims and Disputes 8.18 Conduct Routine and Random Project Reviews Provide the name and phone number of the person responsible for this task. X CDOT Resident Engineer Phone number MATERIALS 9.1 Conduct Materials Pre-Construction Meeting 9.2 Complete CDOT Form 250-Materials Documentation Record • Generate form,which includes determining the minimum number of required tests and applicable material submittals for all materials placed on the project • Update the form as work progresses • Complete and distribute form after work is completed 9.3 Perform Project Acceptance Samples and Tests 9.4 Perform Laboratory Verification Tests 9.5 Accept Manufactured Products Inspection of structural components: • Fabrication of structural steel and pre-stressed concrete structural components • Bridge modular expansion devices(0"to 6"or greater) • Fabrication of bearing devices 9.6 Approve Sources of Materials 9.7 Independent Assurance Testing(IAT),Grantee Procedures❑CDOT Procedures❑ • Generate IAT schedule • Schedule and provide notification • Conduct IAT 9.8 Approve mix designs • Concrete • Hot mix asphalt 9.9 Check Final Materials Documentation 9.10 1 Complete and Distribute Final Materials Documentation FASTERGrant.01.Jul11—originated from approved OSC Grant template Rev 1/12/11 Exhibit J-4 CDOT-Division of Transit and Rail SAP PO#291001327 CMS# 13-HTR-48156 CONSTRUCTION CIVIL RIGHTS AND LABOR COMPLIANCE 10.1 Fulfill Project Bulletin Board and Pre-Construction Packet Requirements 10.2 Process CDOT Form 205-Sublet Permit Application Review and sign completed CDOT Form 205 for each subcontractor,and submit to EEO/Civil Rights Specialist 10.3 Conduct Equal Employment Opportunity and Labor Compliance Verification Employee Interviews. Complete CDOT Form 280 10.4 Monitor Disadvantaged Business Enterprise Participation to Ensure Compliance with the "Commercially Useful Function"Requirements 10.5 Conduct Interviews When Project Utilizes On-the-Job Trainees.Complete CDOT Form 200 -OJT Training Questionnaire 10.6 Check Certified Payrolls(Contact the Region EEO/Civil Rights Specialists for training re uirements.) 10.7 Submit FHWA Form 1391 -Highway Construction Contractor's Annual EEO Report FINALS 11.1 Conduct Final Project Inspection.Complete and submit CDOT Form 1212-Final X Acceptance Report(Resident Engineer with mandatory Grantee participation.) 11.2 Write Final Project Acceptance Letter 11.3 Advertise for Final Settlement 11.4 Prepare and Distribute Final As-Constructed Plans 11.5 Prepare EEO Certification 11.6 Check Final Quantities,Plans, and Pay Estimate;Check Project Documentation;and submit Final Certifications 11.7 Check Material Documentation and Accept Final Material Certification(See Chapter 9) 11.8 Obtain CDOT Form 17 from the Contractor and Submit to the Resident Engineer 11.9 Obtain FHWA Form 47-Statement of Materials and Labor Used ... from the Contractor 11.10 Complete and Submit CDOT Form 1212—Final Acceptance Report(by CDOT) X 11.11 Process Final Payment 11.12 Complete and Submit CDOT Form 950-Project Closure 11.13 Retain Project Records for Six Years from Date of Project Closure 11.14 Retain Final Version of Grantee Contract Administration Checklist cc: CDOT Resident Engineer CDOT Project Manager CDOT Region Program Engineer CDOT Region EEO/Civil Rights Specialist CDOT Region Materials Engineer CDOT Contracts and Market Analysis Branch Grantee Project Manager FASTERGrant.0l.Jull l—originated from approved OSC Grant template Rev 1/12/11 Exhibit J-5 MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: October 3, 2012 DATE OF MEETING: October 22, 2012 RE: Contract Approval for a Volvo Front End Loader REQUEST OF COUNCIL: Staff recommends approval of the contract with Power Equipment in the amount of$157,051 to replace a Caterpillar front end loader model 950F for the Street Department. 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. DISCUSSION: The Street Department's 1997 Caterpillar 950F front end loader is the machine used to carry and push the snow blower. The snow blower attaches to the front end where the scoop bucket would normally be. This loader was on the 7 year buyback replacement plan, but when that 7 year period came around, we pushed it out to 2012 for replacement because it is generally only used during the winter months for snow removal. The existing front end loader is lighter than it should be for the duties it is performing. To compensate, staff has had to add counter balance weight to the rear of the machine and have the rear tires filled with calcium for added weight to keep the rear of the machine on the ground when carrying the snow blower up to the snow windrow. By doing these necessary modifications we have added weight and stress to the main articulation pins that hold the loader together in the middle. Repair costs would be extremely high if these pins were to fail. Staff issued an RFP for this front end loader replacement and the Volvo model 120L was the least expensive machine that still offered the necessary size and weight for the snow blower attachment. Power Equipment brought a demonstrator model of this machine to the Street Department so staff could lift the snow blower and make sure that this machine would be adequate for the job. Since the Volvo model is heavier, it will handle the snow blower in a safe and efficient manner. Because the primary duty for this piece of equipment will continue to be for snow blower operation, it will have a low number of hours in use in 7 years. Therefore, the replacement cycle will be set at 10 years and we will assess it at that time. Power Equipment Page I of 2 has offered a 7 year buy back option, so if something is wrong or if the equipment is getting much more use than expected, we could replace it at the end of the 7 years. FINANCIALBUDGET IMPACTS: The cost of the new loader is $222,051.00. Power Equipment will give the City $65,000 for the used Caterpillar 950F Loader which lowers the net purchase price on the new Loader to $157,051.00. Power Equipment offers a 7 year guaranteed buy back option of$176,300, if the City chooses to accept the option at that time. ENVIRONMENTAL IMPACTS: This loader has the new Tier 4 emissions diesel engine that exceeds 2012 federal air quality regulations and will be equipped with a Diesel Particulate Filter that will filter out all diesel particulates. In addition, the engine will be computer controlled to allow the motor to run at its optimum performance range for better fuel economy. RECOMMENDED ACTION: Staff recommends approval of the contract with Power Equipment to purchase a Volvo model 120L Loader for $157,051. ALTERNATIVES: Council could direct staff to delay this equipment replacement. PROPOSED MOTION: "I move to approve Resolution# of 2012 on the consent calendar of October 22, 2012." CITY MANAGER COMMENTS: ATTACHMENTS: Page 2 of 2 RESOLUTION NO. Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Power Equipment Company, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract between the City of Aspen, Colorado and Power Equipment Company_ a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen, Colorado, and Power Equipment Companya 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: ,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 , 2012 Kathryn S. Koch, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2012-113. AGREEMENT made as of 22nd day of October, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Streets Department 130 South Galena Street Total: $157,051.00 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 Power Equipment Company until it has been approved by the City c/o Andy Remmo Council of the City of Aspen. 2329 River Road City Council Approval: Grand Junction, CO 81505 Phone: 303-961-8957 Date: October 22, 2012 Resolution No.: Summary Description of Items to be Purchased: New Volvo L-120G Wheel Loader 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, CO 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. See Exhibit B 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. 11. Certification Regarding 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: 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: POWER E UIPMENT COMPANY By: di 1A%�A OxOae- Ti le MAIN OFFICE' P.O.Box Denver,CO 80201-0028 Fax: 303-288-6809 Phone: 303-288-6801 POWER EQUIPMENT CO. 10/12/12 City of Aspen Streets Department 1080 Power Plant Rd Aspen,CO,81611 Attn:Willie McFarlin EXHIBIT A Final Pricing: Machine price from bid, after trade $144,881 7yr 3000 hr full machine warranty $5,100.00 Counter balance weight $1,695.00 32 ply tire up grade $4,200.00 Air-ride seat $1,175.00 Total $157,051.00 2940 East Las Vegas St. 2329 River Road 3251 MJB Road 100 Barr Avenue,SE Colorado Spgs.CO 80906 Grand Junction,CO 81502 Casper,WY 82601 Albuquerque,NM 87105 Fax: 719-390-9604 Fax: 970-243-0726 Fax: 307-577-9703 Fax: 505-345-4715 Phone: 719-392-1155 Phone: 970-243-0722 Phone: 307-577-9700 Phone: 505-3449466 —Eyhibif .B CONSTRUCTION EQUIPMENT NEW EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the`Master Parts Schedule"including any resulting damage to a"covered component". See the Terns and Conditions document for complete plan details. PREMIER COMPONENTS COVERED All components listed in Powertrain and Powertrain+Hydraulics,plus: ENGINE TRANSMISSION/AXLES I HYDROSTATICS Engine Mounts And Supports Control Rods Filter Mount External Oil Lines Fuel Lines Filler Tubes(Transmission) Fuel Tank Pneumatic Valves Fuel Transfer Pump&Gasket Undercarriage Roller And Idler Seals And Bearings Oil Filler Tube Undercarriage Tensioners Oil Lines UNDERCARRIAGE EXCLUSIONS: Pulleys .....Sprocket,Tracks,Pads,Bolts,Chains,Or Any Failure Radiator Due To Wear,Or Breakage Caused By Wear Water Piping Fan And Fan Drive ELECTRICAL Air Intake Hose Alternator Engine Components Covered after Emission Warranty Gauges Catalytic Converter Hom Diesel Particulate Filter Indicators Selective Catalytic Reduction System Instruments Diesel Exhaust Fluid Tank and Dispensing System Electronic Joysticks Cold Start Enrichment Systems Electric Motors Sensors,Solenoids&Wiring Harnesses used in these systems Sensors Solenoid Valves FACTORY INSTALLED HEAT AND AIR CONDITIONING Starter And Starter Solenoid Accumulator Switches Clutch Traction Control System Compressor Voltage Regulator Condenser Wiring Harnesses Dryer Wiring Harnesses Exclusions Evaporator .....Rubbing,Chafing,Loose Or Corroded Connections Expansion Valve Heater Core STRUCTURAL Hoses Backhoe Booms Pulley Backhoe/Excavator Dipper Sticks Seals&Gaskets Excavator Booms Temperature Control Programmers and Valves Wheel Loader/Skid steer Loader Arms PREMIER EXCLUSIONS Filters,Belts, Lubricants,Antifreeze,Bumt And/Or Pitted Valves,Breathers,Batteries,Electrical Components Not Listed Above,External Hydraulic Seals, Dry Clutches,External O-Rings And Extemal Bonded Washers,Hydraulic Quick Couplers, Hose Chafing,and Adjustments STRUCTURAL COMPONENTS COVERED This is a stand alone coverage and must be purchased separately Backhoe Booms Excavator Booms C Frame Forklift Masts Car Body Loader Arms Chassis Main Frame Circle Frame Moldboard Lift Arm Dipper Stick Rollover Protection Structure(ROPS) Engine Frame Swing Frame Equipment Frame Track Frame STRUCTURAL EXCLUSIONS Pivot Pins,Forks,Carriages,Swingpost,Pivot Pin Bushings,LoaderBackhoe Links,3-Point Hitch Linkage,Extending Dipper Wear Strips,Deterioration Due To Use Of Non Factory Approved Attachments,Front Shovels/Buckets,Backhoe Buckets,Including Teeth/Side-Cutters,Wear Pads,Hose Routing Guides. 20112101 epg mps_us en newce Page 2 This literature is descriptive only.The precise protection afforded is subject to the terms,conditions and exclusions of the contract as issued. Programs may be changed or cancelled without notice. COMMERCIAL EQUIPMENT SERVICE CONTRACT MASTER PARTS SCHEDULE CONSTRUCTION EQUIPMENT NEW EQUIPMENT This plan excludes protection for any failure to any component caused by or resulting from the failure of a component not listed on the`Master Parts Schedule"including any resulting damage to a"covered component". See the Terns and Conditions document for complete plan details. POWERTRAIN COMPONENTS COVERED ENGINE and all internal lubricated components within TRANSMISSIONS/AXLES/HYDROSTATICS Accessory Gears Axle Housing Camshaft Axle Shaft Camshaft Bearings Clutch Discs(Wet Only) Camshaft Drive Gear Clutch Plates(Wet Only) Connecting Rods&Bearings Counter Shaft Clutch Crankshaft Bearings&Gear Differential Housing Crankshaft Including Front And Rear Crankshaft Seals Differential Pinion Gear/Ring Gear Cylinder Heads/Head Gaskets Drive Axle Hub Cylinder Liners Drive Shaft with Universal Joints Engine Block Drive Shaft Support Bearing Engine Oil Cooler Electronic Transmission Controller and Valve Engine Speed Controls,Linkages,and Cables Enclosed Oil Immersed Chains and Sprockets Flywheel,Ring Gear Final Drive Pinion Front And Rear Engine Covers And Seals Final Drive Planetary Gears Front Damper Front Wheel Drive Sensors Oil Pan And Gasket Hydraulic Drive/Travel Motor Oil Pump Hydraulic Drive Pump Pistons&Rings Hydraulic Transmission-Control Valve Pressurefremperature Sensors&Sending Units HydrostaticJHydraulic Pump Drives Rocker Arm Assembly Hydrostatic Motor Thermostats Hydrostatic Transmission Charge Pump Timing Gears Hydrostatic Transmission Pump Valve Cover And Gasket Internal Lubricated Clutch Housings Water Pumps Internal Transmission Control Linkage Engine Components Covered after Emission Warranty Internal Wet Service Brakes Charge Air Cooler MFWD Axie/Differential Assembly including Driveshaft and U Joint Electronic Engine Control Module Planetary Gear Carrier EGR System Manifold IPTO Clutch Housing(Scraper Tractors Only) Injection Pump Rotary Hydraulic Manifold Injectors Splitter Drive/Drop Box Intake and Exhaust Manifold And Gaskets Swing Motor And Swing Gear Box Turbocharger And Gasket Turntable Bearing Torque Converter COMPACTION/PAVING EQUIPMENT Torque Converter Pump Eccentric Mechanism&Bearings Transfer Drive Drum Seals Transmission Case Propulsion System Hydraulic Components Transmission Gears,Bearings,&Shafts Pump Drive Transmission Pump Reduction Unit Travel Control Valve Splitter Box Travel&Swing Sections(only)Of Main Control Valve Torque Hubs Wet Steering Clutches Vibration System Hydraulic Components POWERTRAIN EXCLUSIONS Engine/rransmission Mounts,Hoses And Fittings,Filters,Belts,Pulleys,Lubricants,Antifreeze,Burnt And/OrPitted Valves,Radiator,Wiring Harnesses, Breathers,Adjustments,Dry Clutches,Batteries,Electrical Components Not Listed Above,Pipes,And Gauges POWERTRAIN PLUS HYDRAULIC COMPONENTS COVERED All components listed in Powertrain,plus: Accumulator And Related Relief Valve Hydraulic Motors Brake Accumulator Hydraulic Oil Coolers Brake Pressure Sensor Hydraulic Pumps Brake Pump,Brake Valve Hydraulic Reservoir Differential Lock Valve Hydraulic Valves Fan Pumps And Motors Pilot Control Hydraulic Cylinders Pressure Reducing Valves Hydraulic Hoses and Piping Unloading Valves POWERTRAIN PLUS HYDRAULIC EXCLUSIONS All Powertrain Exclusions,(except Hydraulic Hoses and Fittings),plus Air and Water Hoses(Including Fittings),External Hydraulic Seals,External O-Rings And Bonded Washers,Hydraulic Quick Couplers,Oil,Filters, Breathers,Hose Chafing,and Adjustments 20112101 epg_mps_us_en_newce Page 1 This literature is descriptive only. The precise protection afforded is subject to the terms,conditions and exclusions of the contract as issued. Programs may be changed or cancelled without notice. V1 MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: October 3, 2012 DATE OF MEETING: October 22,2012 RE: Contract Approval for a John Deere Motor Grader REQUEST OF COUNCIL: Staff recommends approval of the contract with Honnen Equipment in the amount of$79,086 to replace a Caterpillar Motor Grader Model 140G for the Street Department. 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. DISCUSSION: The Street Department currently has four motor graders in its fleet. These motor graders are on a 7-year guaranteed buyback plan with Caterpillar. This year we sent out an RFP for the replacement of the motor grader that is at the end of its 7-year replacement cycle. John Deere submitted the lowest price and will also provide us with a 7-year buy back term. John Deere also included a one-time 2-year buy back option for the full purchase price amount of this machine, since the City would be a new customer. In the event that the City isn't satisfied with the service of the machine because of mechanical defects operational issues or any other reason, Honnen Equipment will take the motor grader back at the end of two years and give the City back the full $252,586 purchase price amount at that time. If the City is satisfied with the machine, then the 7-year buy back term would be in effect. FINANCIALBUDGET IMPACTS: The cost of the new the motor grader is $252,586. Honnen Equipment will give the City$173,500 for the used Caterpillar 140G motor grader, which lowers the purchase price on the new grader to $79,086. Honnen Equipment will pay the City the full purchase price for the machine in two years if the City isn't satisfied with performance of the machine. They will offer the City$161,800 at the end of the 7-year term if we decide this machine and John Deere's service are adequate. ENVIRONMENTAL IMPACTS: This Motor Grader has the new Tier 4 emissions diesel engine that exceeds 2012 federal air quality regulations and will be equipped with a Diesel Page 1 of 2 Particulate Filter that will filter out all diesel particulates. In addition, the engine will be computer controlled to allow the motor to run at its optimum performance range for better fuel economy RECOMMENDED ACTION: Staff recommends approval of the contract with Honnen Equipment to purchase a John Deere motor grader for$79,086. ALTERNATIVES: Council could direct staff to void the 7-year guaranteed buy-back plan and delay this purchase. PROPOSED MOTION: "I move to approve Resolution# ! of 2012 on the consent calendar of October 22, 2012." CITY MANAGER COMMENTS: ATTACHMENTS: Page 2 of 2 RESOLUTION NO. d Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Honnen Equipment, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract between the City of Aspen, Colorado and Honnen Equipment a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen, Colorado, and Honnen Equipment. 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: ,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 ,2012 Kathryn S. Koch, City Clerk The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT SUPPLY PROCUREMENT City of Aspen Project No.: 2012-112. AGREEMENT made as of 22nd day of October, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Streets Department 130 South Galena Street Total: $79,086.00 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 Honnen Equipment until it has been approved by the City c/o Shane Frazee Council of the City of Aspen. 2358 1-70 Frontage Road City Council Approval: Grand Junction,CO 81505 Phone: 970-243-7090 Date: October 22, 2012 Resolution No.: 2- Summary Description of Items to be Purchased: 2012 John Deere 772G Motor Grader 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, CO 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. See Exhibit B 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. 11. Certification Regarding 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: 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: HONNEN EQUIPMENT By: Trr �orH ��.e4;- - Title H O N N E N a ago GROVE \\N"�I W EQUIPMENT JOHNOEM4E October 2, 2012 Mr. Willy McFarlin City Of Aspen 1080 Power Plant Road Aspen, CO 81611 Dear Willi: 0 ° We are pleased to quote the following for your consideration: (1) John Deere 772G, new 2012 model, S/N Factory Order. The following factory and dealer options are included: • JDLink Ultimate Telematics, • 772G with Standard Controls, • John Deere PowerTech PSX 9.OL meets EPA IT4/ EU Stage IIIB Emissions, • Engine Exhaust with Flat Black Stack for 9.OL(EPA IT4/EU Stage IIIB only), • Hydraulic Pump Disconnect(Cold Start), • 130 amp Alternator, • Lower Front and Side Opening Windows, • Rear Camera, • Heated Exterior Mounted Rearview Mirrors, • 24-to-12 Volt Converter (30 amps), • AM/FM Radio with CD and Weather Band (WB), • Lower Front Intermittent Wiper Washer, • Leather/Fabric, High-Wide Back Air Suspension Seat, • Autoshift Transmission, • Transmission Solenoid Valve Guard (Snow Plowing), • DELUXE GRADING LIGHTS w/ 2 additional RH Cab Roof Lights (18 HALOGEN LIGHTS), • 14 Ft. x 27 In. x 1 In. with 8 In. x 3/4 In. Cutting Edge and 5/8 in. Hardware, • Reversible Overlay End Bits, • Blade Impact Absorption System (Accumulators), • Nylon Wear Inserts, • Front Push Block, • Rear Hitch and Pin, • 14.0 R 24 Inch G2/1_2 Single Star Snow-plus Michelin Radial Tires w/ 3 pc. Rims, • (2) Group 4D Batteries, • Engine Coolant Circulating Heater - 120 Volt/ 1500 Watt, • Ether Starting Aid, • Front Window Movable Sun Visor, • Rear Retractable Sun Shade, • Flip Down Cab Beacon Bracket (RH) (Includes Beacon), • Flip Down Cab Beacon Bracket(LH) (Includes Beacon), • 5.0 lbs. multi purpose (ABC) Dry Chemical Fire Extinguisher, • Slow Moving Vehicle (SMV) Sign, • 12'snow wing with 42"Bench Height, • Warranty: 7 Years/4000 Hours Power Train plus Hydraulics Secure Extended Warranty 5055 E 72nd Avenue 2358 t 70 Frontaoe Road 16 Girard Street 150 Salt Creek Hiohwav 5217 S.Highway 59 Commerce City, CO 80022 Grand Junction,CO 81505 PO Box 27 PO Box 1180 Gillette, WY 82718 303-287-7506 970-243-7090 Durango, CO 81303 Mills, WY 82644 307-685-4288 970-247-4460 307-266-4474 Cash Sale Price: $252,586 Less Trade Allowance: $173,500. Trade unit(s): 2005 Cat 143H, SN APN00808; Price Complete, Delivered: $ 79,086 Guaranteed Buyback Term: 1. 2 Year/ 1000 Hour = $252,586 2. 7 Year/ 5000 Hour = $161,800 The 2 year buyback option has been included to show our assufarrce in the Deere product and to provide a no ° risk opportunity to The City of Aspen for choosing an alternative manufacture/dealer for your Motor Grader needs. Estimated delivery 45-60 days from receipt of order! We believe the equipment as quoted will exceed your expectations. On behalf of Honnen Equipment Co., thank you for the opportunity to quote Grove machinery. Sincerely, Shane Frazee Territory Manager This proposal subject to the following conditions: 1) Current pricing and availability at the time of order. 2) Specific quoted units subject to availability. 3) All financing rates are subject to credit approval by lender. File: City Of Aspen John Deere 772G, Proposal 1, 091012.doc Extended Warranty Component Chart Component Engine I Powerl Power Train Comprehensive Mainframe Only Train I +Hydraulics (Mining Only) ENGINE -C&F and CWP ONLY Engine and All Components within X X X X Cylinder head and gasket X X X X DOC/DPF X ECU X X X X Electronic engine-speed-control system X X X X Engine block X X X X Engine mounts and support X Engine oil cooler and aftercooler X X X X Engine oil lines X Engine speed controls& linkages X Engine speed controls&linkages- Excavators X X X Filter mount X Flywheel housing and gasket X X X X Front and rear engine seals X X X X Front damper X X X X Fuel lines X Fuel tank and associated parts X Fuel transfer pump &gasket X Hydraulic actuator X X X X Injection nozzles X X X X Injection pump and gasket X X X X Manifolds and gaskets X X X X Oil filler tube X Oil pan and gasket X X X X Pressure/temperature sensors and sending units X X X X Pressure/temperature sensors and sending units X X X X —EGR system manifold Pulleys X Radiator and hoses X Ring gear and flywheel X X X X Rocker arm cover and gasket X X X X Thermostats X X X X Timing gear cover X X X X Turbocharger and gaskets X X X X Water piping X Water pump and gaskets X X X X ENGINE—For Selected Products with Hitachi Engines—EX1200, EX1900, EX3600 ONLY Camshaft X X Connecting rods X X Crankshaft X X Cylinder block X X Cylinder head and cover X X Flywheel housing X X Flywheel, vibration damper X X Oil pan (sump) X X Oil pan adapter X X Oil pump X X Rocker arm X X Timing gears and timing gear case X X Page 1 of 5 C Extended Warranty Component Chart Component Engine 113owerl Power Train Comprehensive Mainframe Only Train I +Hydraulics (Mining Onl EXCAVATORS-Hitachi Mining ONLY Main control valve X X Main/swing hydraulic pumps (excludes pilot and lubrication oil pumps) X X Propel transmissions (excludes sprockets) X X Pump transmissions X X Swing bearing X X Swing control valve (breakage only, excludes o-rings and seals) X X Swing motors X X Swing transmissions X X Travel motors X X TRANSMISSION/AXLES/HYDROSTATICS -C&F and CWP ONLY Accumulator and related relief valves (transmission) X X Axle(s) and differentials(s) X X X Clutch housing (except dry clutch disk) X X X Control rods X Hydraulic Differential lock valve&associated parts X X Differential lock valve &associated parts X Driveshaft with universal joints X X X Electronic and/or hydraulic control valves X X X Excavator rotary manifold X X X External oil lines X Filler tubes (transmission) X Filter screens X Final drive X X X Front wheel-drive sensors (not wiring harness) X X X Hydrostatic system components including: Propel motor, hydrostatic/hydraulic pump and related control X X X valves powering propel and/or swing function (not dig function) Hydraulic-front-wheel-drive axle and wheel assembly (including drive pump and motor, electric control, X X X solenoid control valve, and divider valve) Mechanical-front-wheel-drive differential/axle assembly with its driveshaft, universal joint and X X X control Transmission Oil cooler X X Power take off clutch housing (Scraper Tractor Only) X X Pump and valve controller X X X Reverser with control valve X X X Sending units and sensors X Shift-control linkage X Splitter drive X X X Swing motor and brake X X X Swing gearbox and bearings X X X Torque converter X X X Tracked Feller-Buncher rotary manifold X X X Transfer drive X X X Transmission X X X Page 2 of 5 Extended Warranty Component Chart Component Engine Power Power Train Comprehensive Mainframe Only Train I +Hydraulics (Mining Only) HYDRAULICS -C&F and CWP ONLY Control &load holding valves X X Cylinder packing kits X X Hydraulic cylinders X X Hydraulic oil cooler X X Hydraulic pumps &motors& related control valves X X Hydraulic reservoir X X Locking pin cylinder X X Pilot controls X X HYDRAULICS -Hitachi Mining ONLY Cylinder packing kits X Hydraulic cylinders X Steering Cylinder X Hoist Cylinder X Struts X Transmission oil cooler X Hydraulic tank X BRAKES -C&F and CWP ONLY Brake accumulator(Articulated Dump Truck Only) X X Brake accumulator(Non ADT) X X Brake pump X X Brake valve X X Pressure reducing valve X X Unloading valve X X Brake pressure sensors X X Wet park brake pinion shaft, bearing, and bearing X X X quill (motor graders only) Wet service brakes X X X Wet steering brakes and clutches X X X ELECTRO-HYDRAULICS -C&F and CWP ONLY Actuators (Drive Function) X X X Controllers (Drive Function) X X X Sensors (Drive Function) X X X Actuators (Hydraulic Function) X X Controllers (Hydraulic Function) X X Sensors (Hydraulic Function X X ELECTRICAL-C&F and CWP ONLY Alternator X Gauges X Indicators X Instruments X Sensors X Sensors- Rotary X X X Starter X Starter(Scraper Tractor Only) X Starter drive X Starter solenoid X Switches X Voltage regulator X Wiper motors X Page 3 of 5 Extended Warranty Component Charts - Engine Power Power Train Mainframe Component Onl Train +H draulics Comprehensive (Mining Only) Wiring harnesses X FACTORY INSTALLED AIR-C&F and CWP ONLY Accumulator X Clutch X Compressor X Condenser X Dryer X Evaporator X Expansion valve X Heater hose X Pulley X Seals&gaskets X Temperature control programmer X OTHER-C&F and CWP ONLY Bucket linkages X Circle drive gearbox X Fan &fan drive X Fan Pumps& Motors (Hydraulic) X X Motor grader circle X Scarifier& ripper linkages X Waste-Handler Package hydraulic valves, pumps, & X X motors (Loaders only) Winch—factory installed only X STEERING -C&F and CWP ONLY Axles X Crossover relief valve X X Priority valve X X Secondary steering system components X Spindles &supports X Steering linkage X Steering pump X X Steering valves and cylinders X X Tie rod &tie rod ends X STRUCTURES Must be submitted as a StructurAll Special Allowance -C&F and CWP ONLY Arm X Articulation joint(incl. pins &bushings) X Bin frame X Boom X Car body X C-frame X Circle frame X Dipperstick X Draft frame X Engine frame X Equipment frame X Forklift mast&frame X Grapple arch and grapple boom X Loaderarm X Loader frame X Mainframe X Moldboard lift arm X Page 4 of 5 Extended Warranty Component Chart • Component Engine Power Power Train Comprehensive Mainframe Only Train + Hydraulics (Mining Only) Rollover protection structure (ROPS) X Side frame X Swing frame X Track frame X X-frame X Z-bar X PNEUMATIC COMPONENTS -Articulate Dump Truck Only Airline hoses & lines &fittings X Air components of brake systems X Dump body X Four way protection valve X Unloading valve X MECHANICAL DRIVE TRUCKS -Hitachi Mining ONLY Differential X X Engine coupler X X Planetaries X X Rear axle housing X X Rear axle shafts X X Rear wheel bearings X X Rear wheel seals X X Transmission X X Transmission ECU X X Wet disc brakes X X HITACHI MINING SHOVELS Boom X Arm X Car body X Mainframe X HITACHI RIGID FRAME TRUCKS Mainframe (see note below*) I 1 1 7 X *Hitachi Rigid Frame Truck mainframe warranty covers only the mainframe part and specifically does not cover the following components: cab, trailing arm, rear axle housing, travel device housing, rear axle link, body(vessel). Page 5 of 5 MEMORANDUM V11 I TO: Mayor Ireland and City Council FROM: Chris Bendon, Community Development Directo RE: Jewish Community Center Temporary Use Permit—Public Hearing 557 North Mill Street Resolution No.!OZ., Series of 2012. DATE: October 22, 2012 LAND USE REQUEST: LOCATION: 557 North Mill Street The Chabad Jewish Community Center is requesting temporary use approval to house LEGAL DESCRIPTION: Metes and bounds attached. its offices, religious services, and programs Parcel No. 2737-073-00-013 in a commercial building located in the SCI zone district. The operation would terminate upon completion of the Main Street facility currently under construction. This is a use not otherwise allowed by zoning. Y STAFF RECOMMENDATION: Approval. n a ' APPLICANT: -° Chabad Jewish Community Center REPRESENTATIVE: Rabbi Mendel Mintz, Founder and Director SUMMARY: Rabbi Mendel Mintz is requesting use of a commercial space on North Mill Street (the former location of Aspen Brewery) for use as the Jewish Community Center. The location would house the Center's offices, religious services, and various programming associated with the Center. The applicant realized during construction that a temporary use approval was necessary. Staff authorized a temporary use approval valid through the period that City Council could hear the application. Staff is recommending approval. The use is arguably less intense than other permitted uses and the building has sufficient parking. There are numerous vacancies in this zone district.and staff does not see this approval `displacing' other prospective commercial tenants. The temporary use would conclude upon completion of the Main Street Center. An exact move-in date is not known but is likely 12 to 18 months from now. Staff finds the request meeting all standards for approval cited in 26.450.030. Staff recommends the Temporary Use Permit be granted. RECOMMENDATION: Staff is recommending approval. RECOMMENDED MOTION: "I move to approve Resolution No.jlkt,2,) Series of 2012, approving a temporary use permit for the Jewish Community Center." CITY MANAGER COMMENTS: ATTACHMENTS: Resolution No.1Series 2012. A—Application RESOLUTION NO. , (Series of 2012) A RESOLUTION OF THE ASPEN CITY COUNCIL GRANTING A TEMPORARY USE PERMIT TO THE CHABAD JEWISH COMMUNITY CENTER TO OPERATE AT 557 NORTH MILL STREET, ASPEN, COLORADO. Parcel ID: 2 73 7-073-00-13 WHEREAS, pursuant to Section 26.450 of the Aspen Municipal Code, the Applicant, The Chabad Jewish Community Center, represented by Rabbi Mendel Mintz, has submitted an application for a Temporary Use Permit to operate the Center at 557 North Mill Street; and, WHEREAS, the Center will contain administrative offices and provide a venue for religious services, holiday event programming, Hebrew School, and various adult education classes and seminars; and, WHEREAS, the property is known as 557 North Mill Street and has a metes and bounds description with parcel number 2737-073-00-013; and, WHEREAS, the Community Development Department has reviewed the temporary use application and recommends that the City Council approve the temporary use permit; and, WHEREAS, the Aspen City Council has reviewed and considered the temporary use request under the applicable provisions of the Municipal Code as identified herein, has reviewed and considered the recommendation of the Community Development Director, and has taken and considered public comment at a public hearing; and, WHEREAS, City Council finds that the proposed temporary use is consistent with the character and existing land uses of the surrounding parcels and neighborhood, meets or exceeds all applicable development standards, and that granting the temporary use permit will not adversely impact the community or the neighborhood; and, WHEREAS, the City Council finds that this Resolution furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF ASPEN, COLORADO, THAT: Section 1: Temporary Use In accordance with Section 26.450.020 of the Aspen Municipal Code, the City Council of the City of Aspen, Colorado, does hereby grant the Chabad Jewish Community Center a temporary use permit to operate the Center at 557 North Mill Street. The temporary use permit is valid through the completion of construction of the new facility on Main Street, plus reasonable time to relocate the Center to the new facility. Resolution No. , Series 2012, Page 1 Section 2: Severability This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be construed and concluded under such prior ordinances. If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. FINALLY,Adopted, Passed, and Approved on this_day of , 2012, at a duly noticed public hearing before City Council. APPROVED AS TO FORM: APPROVED AS TO CONTENT: James R. True, City Attorney Michael C. Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk Resolution No. , Series 2011. Page 2 ED C'T 9 2012 C��PMl�i lTY G�EVE� AVNT Ch,ib,3c{Jewl5h Community Center 435 West Main Street♦Aspen,Colorado,81611 ♦ (970)544-3770 ♦ www.jccaspen.com Mr. Chris Bendon City of Aspen July 28, 2011 Dear Chris, As you know we are about to start construction on the New Aspen Jewish Community Center. We are in need of a temporary space to house our offices and some programs during the construction phase. We would like to rent the old brewery space on Mill Street and would appreciate if you can give is a permit to start work on the property. We will be having religious services, holiday events and programs, Hebrew School, Mommy and Me and a variety of adult education classes and seminars. Your help in attaining this permit in a timely manner as well as the one we will need from city Council will be greatly appreciated. Sincerely, Rabbi Mendel Mintz ��►'� �`G ( p�� � �l� Founder & Director (� Approves! IWA date:�'���' Chris Bendon, AICP Community Development Director City of Aspen Parcel Detail Page 1 of 3 Pitkin County Assessor Parcel Detail Information Assessor Property Search I Assessor Subset Qge ry Assessor Sales Search Clerk& Recorder Reception Search I Treasurer Tax Search Search GIS Map I GIS Help Basic Buildi►7g Characteristics I Value Suminary Parcel Detail I Value Detail I Sales Detail I Residential/Commercial Improvement Detail Owner Detail I band Detail I Photographs Tax Account Parcel Property Type 2011 Mill Area Number Number Levy 001 R005451 273707300013 COMMERCIAL E31.653 Primary Owner Name and Address NORTH MILL STREET INVESTORS C/O KATIE REED MANAGEMENT 418 E COOPER AVE ASPEN, CO 81611 Additional Owner I:)etail Legal Description Section: 7 Township: 10 Range: 84 A TR OF LAND BEING PART OF A TR PREVIOUSLY DESC IN BK 177 PG620 IN THE NW4S4 SEC 7-10-84 BGNNG AT A PT 203.00 FT N 84 DEG 19'E FROM MONUMENT 0-64A SET BY LS 2568 MONUMENT 06-06A IS 1124.96 FT S 39 DEG 58'22"E FROM TH W4 COR 1954 BRASS CAP TH N 84 DEG 19'E 95.00 FT TH S OS DEG 41-E 66.33 FT TH S 84 DEG 19-W 95.00 FT TH N 05 DEG 41'W 66.33 FT TOGETHER WITH AN EASEMENT FOR THE USE OF EDWARD W MORSE II FOR ACCESS, UTILITIES & PARKING BGNNG AT A PT ON MILL ST BEING 303 FT N 84 DEG 19'E & 63.00 FT S 10 DEG 32'30"E FROM PREVIOUSLY DESC 0-6A TH http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R005451 10/1/2012 Parcel Detail Page 2 of 3 IS 10 DEG 05'07"W 41 FT ALNG MILL ST TH S 84 DEG 19'W 88.16 FT TH N 05 DEG 41'W 33.67 FT TO THE SW COR OF ABOVE DESC TR TH N 84 DEG 19'E 95.00 FT TO THE SE COR OF ABOVE DESC TR TH N 05 DEG 41'W 66.33 FT TO THE NE COR OF ABOVE DESC TR TH 84 DEG 19'E 5.00 FT TH S 10 DEG 32'30"E 63.00 FT TO POB EXCEPTING THEREFROM PARCELS CONVEYED TO THE CITY OF ASPEN BK 360 PG 532 & 533 12/18/1978 Location Physical Address: 557 N MILL ST ASPEN Subdivision: Land Acres: 0.000 Land Sq Ft: 6,301 Section Township Range I 7 11 10 84� 2012 Property Value Summary IFActual EAssesse d Valu� Land: I — 2,528,0001 733,120 Improvements: 473,SOOI— 137,320 �— Total: �— 3,001,500 870,440 Sale Date: 3/8/2007 Sale Price:IF3,780,000 Additional Sales Detail Basic Building Characteristics Number of Residential 0 Buildings: Number of Comm/Ind 1 Buildings: Commercial/Industrial Building Occurrence 0 Characteristics WAREHOUSE UNHEATED 2,500 http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R005451 10/1/2012 Parcel Detail Page 3 of 3 GARDE: WAREHOUSE BASEMENT 4 000 HEATS: ' OFFICE FIRST FLOOR: 111,500 Total Area: 8,000 Property Class: OFFICES-IMPROVEMENTS Actual Year Built: 1970 Effective Year Built: 1985 Quality of Construction: GOOD-BASE Exterior Wall: GOOD BASE Interior Wall: GOOD-BASE Neighborhood: 11COA COMMERCIAL "F" Top of Page Assessor Database Search Options tions Pitkin County t tome Page The Pitkin County Assessor's Offices make every effort to collect and maintain accurate data. However, Good Turns Software and the Pitkin County Assessor's Offices are unable to warrant any of the information herein contained. Copyright © 2003 - 2012 Good Turns Software. All Rights Reserved. Database & Web Design by Good 'Turns Software. http://www.pitkinassessor.org/assessor/parcel.asp?AccountNumber=R005451 10/1/2012 AFFIDAVIT OF PUBLIC NOTICE REQUIRED BY SECTION 26.304.060 (E),ASPEN LAND USE C70 ADDRESS OF PROPERTY: 1\) Aspen, CO, SCHEDULED PUBLIC HEARING DATE: 201 2- BEY— STATE OF COLORADO ss. County of Pitkin A A-P5 kz��} (name, please print) being or representing an Applicant to the City of Aspen, Colorado, hereby personally =1 certify that I have complied with the public notice requirements of Section 26.304.060 (E) of the Aspen Land Use Code in the following manner: Publication of notice: By the publication in the legal notice section of an official paper or a paper of general circulation in the City of Aspen at least fifteen (15) Z:' days prior to the public hearing. A copy of the publication is attached hereto. Posting of notice: By posting of notice,which form was obtained from the Community Development Department, which was made of suitable, waterproof materials, which was not less than twenty-two (22) inches wide and twenty-six (26) inches high, and which was composed of letters not less than one inch in height. Said notice was posted at least fifteen (15) days prior to the public hearing and was continuously visible from the—day of 20_, to including includin the date and time of the public hearing. Aphotograph of the posted notice (sign) is attached hereto. Mailing of notice. By the mailing of a notice obtained from the Community Development Department, which contains the information described in Section 26.304.060(E)(2) of the Aspen Land Use Code. At least fifteen (15) days prior to the public hearing, notice was hand delivered or mailed by first class postage prepaid U.S. mail to all owners of property within three hundred(3)00) feet of the property subject to the development application. The names and addresses of property owners shall be those on the current tax records of Pitkin County as they appeared no more than sixty (60) days prior to the date of the public hearing. A copy of the o-m,ners and governmental agencies so noticed is attached hereto. (Continued on next page) Rezoning or text amendment: Whenever the official zoning district map is in any way to be changed or amended incidental to or as part of a general revision of this Title, or whenever the text of this Title is to be amended, whether such revision be made by repeal of this Title and enactment of a new land use regulation, or otherwise,the requirement of an accurate survey map or other sufficient legal description of, and the notice to and listing of names and addresses of owners of real property in the area of the proposed change shall be waived. However, the proposed zoning map shall be available for public inspection in the planning agency during all business hours for fifteen (15) days prior to the public hearing on such amendments. Si tore The foregoing "Affidavit of Notice" was acknowledged before me this tday of PUBLIC NOTICE RE: ASPEN JEWISH COMMUNITY CENTER TEMPORARY USE-555 MILL NOTICES HEREBY GIVEN NORTH a p blic hearing WITNESS MY HAND AND OFFICIAL SEAL will be held on Monday,October 22,2012,at a p� meeting to begin at 5:00 p.m.before the Aspen ,•• City Council,in the Council Chambers,City Hall, •�`� �•`� ��DUI 130 S.Galena St.,Aspen,to consider an applica- • My commission expires: tion submitted by Rabbi Mendel Mintz of the Cha- bad Jewish Community Center,435 W.Main A pA Street;Aspen,CO 81611;970.544.3770;to use a M. commercial space within the building located at 555 North Mill Street on a temporary basis for of- ING .; fices and programming of the Center. Programs are expected to include religious services,holiday otaiy Public events and programming,Hebrew School,`Mom- �•••°b„ my and Me,programs,and a variety of adult edu- , cation class es and seminars. The temporary use a! request is G use the space through the completion of the Mair!Street facility,which is expected to be complete;eptember 1,2013. The temporary use Aires 03129l209� shall be a tended as needed to accommodate construction schedules of the Main Street facility with no additional hearings. This building is locat- ed on the west side of North Mill Street just south Of the bridge crossing the Roaring Fork River. The building is addressed as 555 and 557 North Mill Street. The building is owned by North Mill Street ATTACHMENTS AS APPLICABLE: Investors;c/o Katie Reed Management;418 East Cooper Avenue;Aspen,CO 81611. For further LIGATION information,contact Chris Bendon at the City of Aspen Community Development Department,130 F THE POSTED NOTICE (SIGN) S. Galena St.,Aspen,CO 81611,(970)920-5090, c hris.bendon@ci aspen co us s/Michael Q Ireland Mavor VNERS AND GOVERNMENT AGENGIES NOTIED Aspen Ctty Council Published in the Aspen Times Weekly on October 4,2012 [8452748] f,TICICATION OF MINERAL ESTATE OWNERS NOTICE AS REQUIRED BY C.R.S. §24-65.5-103.3 Vill b MEMORANDUM TO: Mayor Ireland and Aspen City Council FROM: Chris Bendon, Community Development Director RE: South Aspen Street Lodge Conceptual PUD Review—Public Hearing Resolution No. 10, Series 2012 DATE: October 22, 2012 SUMMARY: Tonight's hearing is the first in a series of planned meetings to review the South Aspen Street Conceptual PUD application. The subject property is three parcels located on the west side of South Aspen Street south of the Lift One Condominiums and north of the Shadow Mountain Condominiums. It is often referred to as the "Lodge at Aspen Mountain" property. The property is entitled for a residential development known as the "townhomes plan." The approval was granted in 2002. A summary of the townhomes project is attached. The townhomes plan was recently granted an extension of vested rights in July in order to permit the applicant to more fully explore a lodging development on this property. Tonight's hearing will provide an orientation to the current lodging project. The presentation will cover the history of the project, the changes the project has undergone, a description of the program, site plan, and massing of the proposal, and a review of the recommendation from the Planning and Zoning Commission. The current proposal consists of a 76 unit lodge on the lowest parcel (parcel 1). The 3 and 4 story building is approximately 84,000 square feet (floor area) and is accessed from South Aspen and Juan Streets. Parcels 2 and 3 contain 35 free-market condominiums, each with a lock-off unit. These buildings are also 3 and 4 stories and contain roughly 86,000 square feet (floor area). Parking is provided underground each of the three buildings. Affordable housing for 43 FTEs is provided with this plan consisting of 4 one-bedroom units (either rental or sale) in the middle building housing 7 FTEs, 6 dormitory units in the lodge building housing 12 FTEs, and 8 three-bedroom for sale units housing 24 FTEs to be developed at the Aspen Business Center. This Conceptual PUD review will focus on three aspects of the development — the program (the types and amounts of uses), the site plan, and the massing. It is believed that these basic elements of the project must be resolved first prior to considering other more-detailed aspects of the development. It is important to the applicant team to understand acceptable parameters of the project before significant additional investment. If the project appears acceptable at this conceptual level, a final application will be submitted and reviewed by staff, the P&Z, and City Council. Page 1 of 3 Staff recommends the Council receive the staff and applicant presentations, become familiar with the application, solicit public comment, and provide feedback regarding the project's site plan, program, and massing. Staff is not recommending toni�ht's hearing result in a decision. Staff recommends continuation of the hearing to November 12' for continued discussion. BACKGROUND: This neighborhood has had multiple development applications proceeding through development review in the past few years. The owners of this South Aspen Street property, the Lift One Lodge project, the Aspen Skiing Company, and the City of Aspen jointly initiated a master planning process in early 2008 —the Lift One Neighborhood Master Plan COWOP. That process incorporated a citizen task force and developed a master plan for the entire neighborhood. The COWOP plan was supported by the task force and forwarded to City Council. The plan was not adopted and that process was eventually terminated. After the neighborhood master planning effort was terminated the "two sides" went their own way. The Lift One Lodge PUD application was re-activated and forwarded to City Council. Changes to their 2006 PUD application were made to incorporate aspects of the COWOP plan. The final application for Lift One Lodge was supported by the Commission and was approved by City Council in November 2011. A second COWOP (COWOP II) was initiated for the Lodge at Aspen Mountain property. A task force reviewed numerous changes to the project and forwarded a recommendation of approval to City Council in December of 2009. A summary of the COWOP Il Plan is attached. Economic stresses prohibited the property owner from pursuing the COWOP II plan. The property changed hands in 2010 and is now owned by ASV Aspen Street Owner, LLC. The applicant applied to revise the townhomes plan and gained a recommendation of approval from the Commission. The revised townhome plan was presented to City Council and was suspended after discussion regarding the City's strong preference for lodging on this site. (The revised townhome plan is still a valid application, but has been postponed for the pendency period of this lodging application.) In July City Council granted a vested rights extension of the townhomes plan to relieve the applicant of upcoming deadlines. Also in July the City Council and the Planning and Zoning Commission participated in a "sketch plan review." This is a step in the City's process that permits a discussion of a project's goals in a public hearing format prior to a formal application being submitted. There was general support for a lodging project on this site with acknowledgement of the policy trade-offs that would need to occur. Minutes of the sketch plan review are attached. RECOMMENDATION: Staff recommends the Council receive the staff and applicant presentations, become familiar with the application, solicit public comment, and provide feedback regarding the project's site plan, program, and massing. Staff is not recommending toni�ht's hearing result in a decision. Staff recommends continuation of the hearing to November 12' for continued discussion. Page 2 of 3 CITY MANAGER COMMENTS: ATTACHMENTS: A— South Aspen Street PUD Application & Drawings (revised for October 22nd) B — Sketch Plan Review meeting minutes. C — Vested Townhomes Project Summary D— COWOP II project summary E— Lodge Proposal Project Summary (October 22nd) F— Planning and Zoning Commission Resolution G— Planning and Zoning Commission Minutes Page 3 of 3 Regular Meeting Aspen City Council August 13, 2012 All in favor, motion carried. %vA V4 Wii%*C? SOUTH ASPEN STREET LODGE PROPOSAL—Sketch Plan Review Councilman Johnson recused himself as he lives within 300 feet of the project. Planning and Zoning members Stan Gibbs, Jim DeFrancia, Ryan Walterschied, Bert Myrin and Cliff Weiss present. Chris Bendon, community development department, noted the sketch plan review is seldom used part of the land use code and is an opportunity for P&Z and Council to meet with the applicant prior to an application being submitted to talk about expectations, aspirations and goals for the project. Bendon said this is an attempt to try and figure out how to have a lodge on this site and to replace the existing townhome approval. There have been two COWOPs and previous lodge applications for this parcel as well as the townhomes. Bendon said Councils have expressed the idea that it would helpful to talk to applicant about height, bulk, mass, development program, mitigation, financing strategies before the formal approval process. Bendon encouraged Council to talk about what ingredients are necessary for success of a lodging project on this site. Mayor Ireland said this process is not to create reliance and the applicant can use this process as they see fit. David Parker, representing the applicant agreed they cannot rely on this discussion; the applicant does not want to waste city's time and appreciates honest feedback about a proposed lodge. Parker showed a slide of COWOP I, which did not come to fruition. There was COWOP II also which attempted to get away from the monolithic approach and had several discrete masses to fit better in the neighborhood. COWOP 11 had a lot of community input and a positive recommendation to Council. The COWOP II was shrunk down in both height and density. Parker said the applicants have talked to hotel operators and there are certain metrics needed in a hotel. Parker said this sketch plan attempts to make the hotel the focus and all else is subservient. Parker said long double loaded corridors make a hotel work, a certain size of 30 by 15 for hotel rooms to work. Parker said they are choosing to put the hotel on the lower, flatter portion of the site. The cars do not have to go up hill and mix with the Lift One Lodge traffic. Parker pointed out the proposed entrance to the lodge in the lower building. Parker told Council COWOP II talked a lot about sight lines, stepping buildings back from the street, pushing the heights and masses to the back of the site and leaving some open spaces. Parker said the COWOP II proposal seems to be more residential in appearance. Parker said meeting with hotel operators,the applicants determined that the lower building needs to be wider in order to get double loaded corridors. Parker said the previous hotel plan had much below grade space and the applicants feel this space needs to be reduced and not go down 4 stories,which is expensive. This will result in fewer parking spaces. Parker said hotel guests do not generally bring cars to town. Parker said the applicant does not think a below grade spa and some other back of house uses are necessary. Parker noted the COWOP II heights are lower than those proposed in COWOP I. Parker said with these types of changes, the applicants believe they can make a hotel work. Parker pointed out the changes eliminate the ability for affordable housing on the lower portion of the site. Parker said there will be affordable housing, 7 or 9 units,through the upper building for hotel 6 Regular Meeting Aspen City Council August 13,2012 operations. Parker told Council the residential portions will be run as part of the branded hotel and are more likely to be part of the hotel rental pool. Parker said a study was done several years ago which stated a residential component is needed to make a hotel in Aspen work. Parker noted there are 200 nights of high season and if a hotel were 100%occupied during those 200 nights, it is 55% occupancy, and a hotel does not survive on that. Parker said the applicants will need some fee waivers besides the residential component to make a hotel project work. For the last project, the fees and affordable housing were figured at $12 to $14 million. Stan Gibbs said it is painful to reduce affordable housing, which is important need of the community. Gibbs said he would like to see it somewhere in the project. Gibbs asked about the impact on the Juan street affordable housing. Parker said all the hotel operators have said a minimum of 75 rooms is needed and 100 rooms is preferred. This project is pulled back from the Juan street project so there is green space between the two. Parker told the board the hotel operators request room sizes of 400 to 450 square feet. The architect pointed out the bottom of the site has a restrictive covenant against building on it. Bert Myrin said sustainability of the community beyond the life of the building is important. Parker said the initial build of a hotel is not sustainable without residential; once the building is complete, it will stand for 50 years with renovations. Myrin said it is important to him that this be a project the community would support. Parker reiterated that COWOP II had strong community support. Myrin said he would like to hear about obtaining LEED platinum. Walterschied asked if COWOP II is the starting point with adjustment. Parker said the applicants can live with COWOP II without adjusting any footprints,height and mass, the bottom building will have-to widen;the upper two buildings will be residential. The applicants do not know whether it would be whole ownership or time share;the whole ownership units would have lock offs to end up in the hotel rental pool. Bendon noted COWOP II contained 5 whole ownership units of about 4,000 square feet and 20 fractional units of sizes around 2200 square feet. Parker said hotel operators have suggested 30 to 35 smaller residential units would be more rentable. Walterschied asked if the entry will be moved. Parker said the entry will be moved down the site to the corner of the hotel. Cliff Weiss said his fear is that this part of town would become a private enclave and not a part of the community. Weiss said the townhomes are a failure for the community and for the resort. Weiss agreed he is sorry to see the affordable housing be eliminated; however,there may have to be sacrifices in order to get a hotel. Weiss said because this site is against Shadow Mountain, the heights are not a concern to him. Weiss said he would like a viable hotel on this site. Councilman Torre stated he supports the direction this is moving. Councilman Torre noted he would like to see the height reduced from 60'. Councilman Torre went over some ways the height on the middle building could be lowered. Councilman Torre agreed locating the hotel on the lower parcel and with widening that lower building a bit. Councilman Torre said 35 residential units sounds large; he would like to hear more about the program. Councilman Torre said there is a greater use for this property than townhomes. Councilman Torre said he would like to know more about the proposed affordable housing units. Councilman Torre said there are other affordable housing options, like certificate program, that the applicant may take advantage 7 Regular Meeting Aspen City Council August 13,2012 of Councilman Torre said he appreciates the lessening of underground space. Councilman Torre stated he wants to see a lodge on this parcel. Parker pointed out 98%of the project is below 42'; some architectural elements stick up. There is a structure on the middle building that is 60',which could be lowered or eliminated. Councilman Torre said he might consider buildings in the 50'-ish height for mechanical. Councilman Torre said he would like to see a small number of family-type affordable housing in the project. Parker noted all hotel operators have said in order to get a successful program, there is no room on the site for affordable housing; they need every square foot for hotel operations. Councilman Torre encouraged the applicant to keep moving in the direction they have presented; the applicant should continue to look at affordable housing on the site. Councilman Skadron asked what makes up the $12 to $14 million of impacts. Bendon said the majority is affordable housing. There are impacts fees, school lands, parks, air quality,,water, sewer, building and permit fees all of which add up to a significant amount. Councilman Skadron asked what percent of the mitigation expense is untenable. Parker said in their calculations,the applicants have assumed no other affordable housing than what is built on site and about a 50% reduction in other fees. Parker said over half of the mitigation total is affordable housing fees. Councilman Skadron said he will need to know what the trade offs are. Parker said this plan will eliminate a lot of the affordable housing, and a majority of parking. Councilman Skadron asked how much wider the lower building would have to be. Parker said in the neighborhood of 10% wider. Councilman Skadron noted Myrin commented the desire is to make Aspen better without making it bigger and this proposal does not fit that statement. Councilman Skadron said what is important to him if this general direction is pursued is the property continue to read a 3 distinct buildings;the height and masses be lowered and pushed back; the gaps to Shadow mountain are critical; Juan street should not be vacated; the Barbee restriction should remain in perpetuity; the impact to Juan street be as minimal as possible. Councilman Skadron said he is open to discussing affordable housing option that might take advantage of some of the opportunities and also to the applicant only providing 8 housing units on site. Mayor Ireland said the townhouse project is 95,000 square feet; this is about 35,000 square feet bigger than the townhouses. Mayor Ireland agreed the lower building has to be wider. Mayor Ireland suggested fees and affordable housing costs might be addressed through a public improvement financing district and have the owners of the free market residential bear some of that expense. Mayor Ireland stated 60' height will not be acceptable. Mayor Ireland said this is a choice in lieu of townhouses, which is not a good outcome for the community. Mayor Ireland stated he wants some guarantees on the sustainability of the hotel, with a long term deed restriction to prohibit its conversion to another use. Mayor Ireland said he wants an intense program around reducing the auto uses as part of the proposal with creative incentives to drive guests away from cars. Mayor Ireland said he is willing to look at some negotiations but also to look at alternative revenue sources to solve the mitigation problem. Mayor Ireland stated he wants to see an enforceable program on rental availability of the residential units. Mayor Ireland said he wants the heights as low as possible. Mayor Ireland opened the public hearing. 8 Regular Meeting Aspen City Council August 13,2012 Paul Taddune, representing the Lift One condominiums, said his clients are concerned about the lodge building expanding toward the Lift One condominiums. Taddune asked if there will be underground parking for Lift One. Parker said there is no excess underground parking for other than the Ski Company and the hotel. Dave Ellis, Timberridge HOA, said he was part of COWOP II and supported that outcome. Ellis stated he is encouraged the city is considering a hotel. Ellis said they hope to be able to support it. Ellis said it is important to maximize the existing parking as much as possible. Mayor Ireland closed the public hearing. Bendon noted the next step s for the applicant to design and submit an application which will p Pp g then be scheduled in front of P&Z for public hearings and recommendation to Council. COMM CIAL DESIGN Zsended Hyman Avenue Co cilm2Johnson ved sion to/approve eptu/coercial desig view for man AvMayor n fan carrie COMME ESIGN . Copper Avenue /at s, comm ty development dep a ent,told Cou HPC denied e applicant's increas e height to 42' for t proposed third oor. The pro sed third floor wi e is re mmending Council a�ceept HPC's deci 'on. Mayor Ir d said he was in vor h 2' because the buildi across the alle will be 42' e did not see the tionale ng them to 38'. Cou members Jo n and Torre ted they support the38'. Torre moved t accept HPC dec' on to approv height of 38' for-,tle proposed addition at 54 Cooper; seco ed by Counc' an Johnson. All-iri favor with th exception of Mayor I and, motion c ' d. '' s C NOTICE F04/CALL UP 42 . HYMAN A NUE Chr' endon, commu ' y development partment, said s' nificant changes to the design were ught to the HPC eeting and were not discussed wit taff beforehand. Bendon noted the. ' applicants stated ey wanted an oehich tunity to discus ass and scale a final HPC which should be don t conceptual and puts HPC in a strange circu ance. All in fav ;motion carried. May reland moved to up 420 E. Hym PC commerci design; second by Co ncilman Torre. Al n favor, motion ed. y' Mayor Ireland mo ed to go into exec ive session at 8:4 M pursuant C.R.S. 24-6-4 (4)(a) The purchase, uisition, lease, tr sfer, or sale of an real, persona or other prope interest, 9 FF SOUTH ASPEN STREET SUBDIVISION/P.U.D.- SUMMARY o� �IAIM�S Zoning& Regulatory Approvals Ordinance#32 (Series of 2003), adopted on July 28, 2003 and recorded as Reception No. 486407 granted to Aspen Land Fund II, LLC("ALF II")final PUD and subdivision approval for development of 14 free market (FM) residential units and 17 affordable housing (AH) units. Development Program Parcel 1 (downhill parcel between Juan Street and Lift One Condos) Parcel 2 (middle parcel, currently used as SkiCo parking lot) and Parcel 3 (uphill parcel adjacent to Shadow Mountain Condos): • Four(4)three-bedroom free market units and one (1)two-Bedroom free market unit configured as 3-story townhomes with a maximum of 17,228 square feet of floor area. Average square footage of the 3-bedroom townhomes is+/-4,238 square feet. • Six(6)three-bedroom free market units configured as 3-story townhomes with a maximum of 24,554 square feet of floor area. • Three (3)two-bedroom free market units configured as 3-story townhomes with a maximum of 10,337 square feet of floor area. Average square footage of the 2-bedroom townhomes is+/- 4,090 square feet. • Twelve(12)three-bedroom affordable housing units in multi-family structures. Four(4) units in one multi-family structure on each of the following Parcels: 1, 2 and 3. • For(4) one-bedroom affordable housing units in multi-family structures.Two (2)units in one multi-family structure on each of the following Parcels: 1 and 3. • Two (2) enclosed parking spaces for each free market unit • Twenty Seven (27)surface parking spaces for the affordable housing units:Twelve (12)on Parcel 1,five (5) on Parcel 2, and ten (10)on Parcel 3. • 33-space sub-grade parking garage on Parcel 2—30 spaces to SkiCo, 3 spaces to affordable housing units /4 Affordable Housing: • Two (2)one-bedroom Category 1 units • Two (2)one-bedroom Category 2 units • Two (2)three-bedroom Category 1 units • Seven(7)three-bedroom Category 2 units • Four(4)three-bedroom Category 3 units All affordable housing units are rental units. Dimensional Requirements: Minimum Lot Size: 6,000 square feet Lot Area per Dwelling Unit(DU): 1,100 square feet per bedroom (81 bedrooms on 89,127 square feet of lot area Minimum Lot Width: 60 feet Front Yard Setback: 10 feet per parcel Side Yard Setback: S feet per parcel Rear Yard Setback: 10 feet per parcel Maximum Height: 28 feet Percent Open Space: 27%cumulative over all three parcels Allowable External FAR: 0.83:1(73,381 square feet cumulative over all three parcels) Off-Street Parking(AH): 30 spaces (2 per DU of 2 or more bedrooms; 1 per DU of 1 bedroom) Off-Street Parking(FM): 28 spaces (2 per DU of 2 or more bedrooms; 1 per DU of 1 bedroom)(cumulative overall three parcels) Vested Rights Vested rights period currently set to expire on January 28, 2011. �sy( yk yI ��c, ra� Ln(�� [T ✓f/"'�i N� Q� lam,\�-lam'Vh T Buildine Permit Applications Building permit applications for all three parcels were submitted in spring/summer of 2007.Applications were placed on hold by City of Aspen as part of original Lift One Area Master Plan COWOP resolution, and are currently"dormant".ALF II reserves the right to re-activate the permit applications at anytime in its sole discretion. 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Lodge at Aspen Mountain Building Program Comparison ' VS�{ry. November 18,2009 COWOP Version Original 2-Gap Version Current Version-"All Ones" Current Version (January 2009 Aril 2009 October 7,2009 November 18,2009 HOTEL •• 75 Hotel Rooms 74 Hotel Rooms 70 Hotel Rooms 94 Hotel Rooms w/lock-0tPs 500 SF standard room 450 SF standard room 450 SF standard room 450 SF standard room size 58-Standard Rooms 8 - Suites 1 7 -1 BR Suite 1 -Pres Suite 20-Lock-Offs FRACTIONAL UNITS 26 Fractional Units 22 Fractional Units 20 Fractional Units 20 Fractional Units 3,000 SF average size 2,800 SF average size 3.000 SF average size 2,789 SF average size 78,000 net SF 62,000 net SF 60,000 net SF 55,785 net SF WHOLE 5 Whole Ownership Units 7 Whole Ownership Units 5 Whole Ownership Units 5 Whole Ownership Units 3,500 SF average size 3,650 SF average size 3,500 SF average size 3,575 SF average size 17,500 net SF 25,500 net SF 17,500 net SF 17,875 net SF AFFORDABLE HOUSING 56.25 Employees Onsite 56.25 Employees Onsite 36.75 Employees Onsite 34 Employee Onsite 30 Dorm Rooms(Rental) 30 Dorm Rooms(Rental) 0 Dorm Rooms(Rental) 5-Studio Units 15 Neighborhood Units(For Sale) 15 Neighborhood Units(For Sale) 21 Neighborhood Units(Mix) 7-2 BR Units 4-3 BR Units 16 Total Neighborhood Units 256 spaces 1256 spaces 1147 E " Parking Mix(142 Total) 30 Spaces SKICO 44 Spaces Neighborhood 16 AHU 52 Hotel/operations y4f • POSS ARCHITECTURE+ PLANNING Lodge at Aspen Mountain: Ballot Question 1: November 18, 2009 Page 2 of 2 Percentage of Program Components (Minus Parking & AHU) Whole Ownership 9.5% +l- Fractional Ownership 30.3% +!- Hotel 59.2% +/- Approximate Square Footage of Structures (Above Grade) Lift Side Residences 36,696+1- Lodge at aspen Mountain 53,700+/- Mountain Side Residences 27,932+/- Community Housing Residence 14,704+1- Hotel Employee Housing 2,298+1- Square Footage Above Grade & Below Grade by Level Above Grade Below Grade Square Footage Square Footage 1st Level-B3 0 23,038 2nd Level-B2 4,971 46,164 3rd Level-B1 20:206 42;200 4th Level-L2 25,471 27,584 5th Level-L1 23,361 19,614 6th Level-2 21,929 6,343 7th Level-3 22,638 0 8th Level-4 11,624 0 9th Level-5 3650 0 Total 133,850+/- 164,943+/- Comm.Housing -14,704 Total 119,146 +/- Total above grade structure without community housing Percentage of Program Components by Level Whole Fractional Hotel,with Parking Affordable Ownership Ownership Related Garage Housing Functions (5 Units) (20 Units) (94 Rooms) (142 Cars) (16 Units) 1st Level-B3 18,465 4,213 2nd Level-B2 7,788 15;984 18,619 7,510 3rd Level-B1 10,529 15,760 29;935 5,279 4th Level-L2 11,945 41,268 5th Level-L1 4,699 2,028 35,223 6th Level-2 12,756 15,478 7th Level-3 4,236 17,310 2,555 8th Level-4 7,888 2,818 916 9th Level-5 3,650 Total 20,473+1- 66,174+/- 127,184+1- 67,019+/- 17,002 +/- POSS ARCHITECTURE+" PLAN N I Lodge at Aspen Mountain: Ballot Question 2: November 18, 2009 Page 1 of 1 0 � rr un sme.ESiaracs roeer �rture rwuuivu nueeKu J M Site Plan I November 18, 2009 1 POSS ARCHITECTURE+ PLANNING Lodge at Aspen Mountain: Ballot Question 3: November 18, 2009 Page 1 of 1 • South Aspen Elevation November 18, 2009 40.4'-- _--. 44.4' 40.3' ./ 30.a 41,6--� \�' _ –56.9' 45.4' 43.9' 25.9 64-0 41.6 29.9 56.9' \ 32.9 15.4'- \ 46.6 300-- �_ 23.6' 226' ' f`* \ f , 27-T--- 54.a 47.6'— �i 33.0' 22.4'—�' 44.5' 339' 269' 26.a P3 a Estimated Heights from Existing Grade November 18, 2009 4 13m � .._.._._.._..__ I RESroENCE i Iza 25-P POOLHWSE EXISTING I j I I PAVEMEM I TO BE REMOVED 1 LFT ONE LODGE EXISTING LIFT IA j RELOG LAST - SKIERSCHALETL000EI EXISTING I. ASPEN HISTORIGLL SOGEIY I LIFT OWE mMUSEUM L ................ ._ .___. .+�--... LIFT ONE PARK SOLT01 POINT I 125-0• .i.._._._.._.._.-_.- _:T'.,—. - I LOT 1 CONDOMRBUMS ` I 0.F.SKIWGCOMPANY l _ - "1-- u`4EOF LLOT3 1 '/A i I BI1lDING ABOVE . 7 f APPRin COPRFACEJ LFT CORRIDOR I LOT1 VALLOUGHBY PARK i (DASHED LINE) E%ISTIN I .( O r RETAW ALL EXISTING NLSTORIC LIPT 1 zd 1 :. :�$�t I �C- LINE OF A W•�, frZWMN LIFT ONE LODGE i BURDBKi ABOVE ACCESS 11FT ONELODGE HISIORK:R.O.W.LINE LOT 2-! I SKIERS CHALET yD.-0' I Pih., _ r'�•^(n 1 1O-0• STEAK HOUSE t I ! f 'a•' ASPEN 2B-0• SOUTH STREET R.O.W.ASPEN STREET 97.85 JVAN ,�''':-' .i '• R.O.W. STREET TO FACE PARKING ACCESS SWTHASPENSTPEET .. OFCURR " y ( �'. [) p A [S >s f1 H t3 ♦ � �r r /` f �oHA.00w NI. sa_.._ _.._.._-_._.._. Laf �i•'�}f9. I I r G' , SHADOW MWNTABI CONDOMd11UM3 r I � _ i✓�1 �2_ EL ~ L I I .F T� P IH4 a 1, r•, � I ilt � r v fGt✓L2�"tY3 ? '} � L FI — PARKING ... ] ' Z ROOM MATRIX � 98 TOTAL STALLS I ;.. �. '� Leda�v�ld'w AI KING/DD 1-BED STE. 2-BED STE. PRIES.STE. TOTAL AREA CALCUALTIONS L B2 area Included in FAR c', t L 81 11 11 L B1 34,091 SIF 13,631 SF s L Ot L01 27,432 SF 27,432 SF c` ' L 02 23 6 29 L 02 17,893 SF 17,893 SF E L 03 19 5 1 25 L 03 16,853 SF 16,853 SF [Q c u 2 1 8 L 04 8,332 SF 8,332 SR., I®�ESICH ARCHITECTURE DESIGN p O S S TOTAL 58 13 1 1 73 INTERIOR DESIGN 645 EA9LtL11N<tAE[i A'iE!N,LO 31fi❑ TOTAL KEYS-76 TOTAL 104,601 SF 84,141 SF TOTAL MODULES-94 GARAGE 140,090 SF SEPTEMBER 27,2012 ir-c >: fm S.ASPEN STREET 77,777,:1 ATTACHED CONCRETE PARCEL PARCEL E POOL LODGE I AUE MIDDLE BUILDING ENCLOSED PARCELS ENTRY LOBBY UPPER LODGE ENTRY ENTRY LOBBY RESIDENTIAL A ENCLOSED BUILDING BRIDGE iv PAGE L PARCEL 3 BUILDING TOTALS PARCEL 2 BUILDING TOTALS TOTAL GROSS AREA: 63,939 SQ.FT. TOTAL GROSS AREA: 67,746 SQ.FT. TOTAL GROSS FREE MARKET AREA: 41,596 SQ.FT. TOTAL GROSS FREE MARKET AREA: 43,984 SQ.FT. TOTAL AREA ABOVE GRADE FAR: 43,903 SQ.FT. TOTAL AREA ABOVE GRADE FAR: 42,389 SQ.FT. TOTAL AREA BELOW GRADE: 20,036 SQ.FT. TOTAL AREA BELOW GRADE: 25,357 SQ.FT. PARCEL#3 PARCEL#2 LEVEL FREE MARKET UNITS LOCK-OFF UNITS Bl I I LEVEL FREE MARKET UNITS LOCK-OFF UNITS LEVEL 1 3 3 B. _LEV�L 1 1 1 LEVEL 2 5 5 4 LEVEL�2 4 4 LEVEL 3 5 5 LEVEL 3 5 5 LEVEL 4 4 4 LEVEL 4 3 3 S LEVEL 5 4 4 TOTALS 17 17 TOTALS 18 1877777�� ®DE516N Fa[s ArchitecWre+Planning ei:;Uitlm: RESOLUTION N0._ WL (SERIES OF 2012) A RESOLUTION OF THE CITY OF ASPEN PLANNING AND ZONING COMMISSION REGARDING A CONCEPTUAL PLANNED UNIT DEVELOPMENT APPLICATION FOR THE SOUTH ASPEN LODGE PROJECT LOCATED ON A PARCEL OF LAND DESCRIBED AS PARCELS 1,2,AND 3, OF THE SOUTH ASPEN STREET SUBDIVISION/PUD, CITY AND TOWNSITE OF ASPEN, PITKIN COUNTY, COLORADO. Parcel No. 2735-131-39-001 (Parcel 1) Parcel No. 2735-131-39-002 (Parcel 2) Parcel No. 2735-131-39-003 (Parcel 3) WHEREAS, the Community Development Department received an application from ASV Aspen Street Owners, LLC, represented by David Parker, of Bald Mountain Development, requesting Conceptual Planned Unit Development approval of a mixed-use development consisting of 35 free-market residences, 31 "lock-off' units to be associated with the residences, employee housing in both dormitory and apartment style, and a 73 unit (76 keys) lodge containing a restaurant/bar, accessory retail, various meeting facilities, a spa and fitness facility with indoor and outdoor amenities, underground parking, and various administrative and support function spaces; and, WHEREAS, the subject property is described as Lots 1, 2, and 3, of the South Aspen Street Subdivision/Planned Unit Development as described on the subdivision plat thereof recorded as reception number 537080 in Book 83, Page 50, with the Pitkin County Clerk and Recorder; and, WHEREAS, pursuant to Section 26.445.030, Conceptual Planned Unit Development approval may be granted by the City Council after considering a recommendation from the Community Development Director and a recommendation from Planning and Zoning Commission made during a public hearing; and, WHEREAS, the Community Development Director recommended, after consultation with the applicant, the Conceptual approval be limited to a review of the proposed program (the types and amounts of various land uses within the project), the site plan (how those uses lay on the land), and massing (how the buildings would appear in 3 dimensions) aspects of the project; and, WHEREAS, the Planning and Zoning Commission, during a duly noticed public hearing and after soliciting public input, has reviewed the program, site plan, and massing aspects of this application and has provided statements concerning conformance with the Planned Unit Development review criteria and suggestions to achieve greater conformance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF ASPEN PLANNING AND ZONING COMMISSION THAT: PZ Reso No._ Series of 2012. Page 1 of 4 Section 1: Commission Concerns The Commission finds that the application does not conform to the Planned Unit Development criteria for approval as outlined in Section 26.445.050 of the City of Aspen Land Use Code. The Commission's primary concerns are: • The project is predominantly a free-market residential project with a lodging component. There are more units and more square footage devoted to free-market residential use in this plan than in the entirety of the vested townhomes plan. • The upper two parcels have a "private enclave" feel to them, although this condition may not be worse than with the vested townhomes plan. • The proposal accommodates only half of the standard affordable housing mitigation as otherwise required. The project generates more employees than the townhomes plan and the Commission believes this under-mitigation shifts too much housing burden to the public. The Commission questions the validity of such a significant trade-off. Section 2: Supported Revision The Commission supports the applicant's revision to the vehicular circulation plan. The original plan contained a Juan-to-Garmisch traffic pattern for hotel parking and presented too much traffic impact upon the neighborhood to the west. By moving the hotel parking entrance to South Aspen Street, overall traffic impacts are minimized. The Commission believes this amendment is a significant improvement. Section 3: Commission Recommendations The Commission finds that the application could be substantially improved and achieve compliance with the criteria for Planned Unit Development approval. Following are suggested ways to achieve compliance: • The free-market portion of the project could function more `lodge-like' — assisting the hotel use and increasing short-term stays. This could be achieved through fractional interests, the operation of the lock-off units, or other mechanisms. In any regard, this needs to be assured through appropriate land use and legal mechanisms that sustain. • The design of rights-of-way along the western extent of the site could be oriented to maximize on-street parking. The City Engineer is encouraged to explore this option. • Massing concerns along the north edge of the hotel could be alleviated by vacating all or part of Juan Street and shifting the lodge building southward. The applicant has agreed to explore this option. The Commission also encourages the applicant to explore a tunnel rather than a bridge to connect the buildings. • The applicant is to increase affordable housing on-site or off-site to decrease the unmitigated employee housing burden of this project. The applicant should explore partnership options utilizing city-owned properties to achieve a greater amount of affordable housing. PZ Reso No. Series of 2012. Page 2 of 4 Section 4: Requested Clarifications The Commission finds that certain aspects of the application are difficult to understand. A 3- D rendering(s) of the project would help reviewers fully understand the scale and massing of the project and its visual impacts, especially in comparison with the COWOP II project. Section 5: Limitations Approval of this conceptual development plan does not constitute final approval or permission to proceed with any aspect of the development. Approval of this conceptual development plan authorizes the Applicant to proceed to City Council review for Conceptual PUD. This application is subject to Final Planned Unit Development review, Conditional Use, Special Review, Growth Management Review, Mountain View Plane Review, Subdivision, Condominiumization, Commercial Design Review and 8040 Greenline Review, and a Street Vacation and Right-of-Way Dedication Plat pursuant to the Municipal Code. Additional reviews may be necessary depending on amendments made to the program, site plan, and massing of the project. Application for final review must be in accordance with the City Council Resolution granting conceptual PUD approval. A pre-application conference with a member of the Community Development Department is required prior to submitting an application. This Conceptual Review by the Planning and Zoning Commission provides guidance to the applicant and to City Council regarding this project's program, site plan, and massing. This Resolution shall not create specific reliance or prohibit the Commission from conducting a full and throrough review of the application upon final PUD review. The limitations of Section 26.445.030.D apply. Reviews by the referral departments have not been conducted for this Conceptual review and certain aspects of this project may need to be redesigned or reconsidered to achieve compliance with applicable building and development codes. Section 6• This Resolution shall not affect any existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances repealed or amended as herein provided, and the same shall be conducted and concluded under such prior ordinances. Section 7• If any section, subsection, sentence, clause, phrase, or portion of this Resolution is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 8• If a lodge is developed on Parcel 1, the Commission recommends removing the right for free- market residential uses on the parcel unless otherwise waived by the City Council for good cause. PZ Reso No. Series of 2012. Page 3 of 4 APPROVED BY the Planning and Zoning Commission of the City of Aspen on this day of 2012. APPROVED AS TO FORM: PLANNING AND ZONING COMMISSION: Debbie Quinn, LJ Erspamer, Chair Assistant City Attorney ATTEST: Jackie Lothian, Deputy City Clerk ExhibitA — Summary of Program, Site Plan, and Massing PZ Reso No. Series of 2012. Page 4 of 4 Re ular Citv Aannin2 & Zonin2 Meetin — Minutes Se mber 18 2012 Approval J said the proposed amendment does not i olve changes that are` pp p p g incons' ent with the condition oy,�fepresentation of4 e project's original approval. LJ ed if this was a change nom the original approval for 20. Sunrreplied yes; t ' is a threshold for an i bstantial amendment otherwise it gets kicked up to &Z for approval so thp`staff has exercised'iatitude historically"as to whether it is so far out of the appIr/oval that it has to pome back to P&Z. Al No public coments. Cliff opp Zed this project awill not support it. LJ s ' now we are go ng back to add another unit and U felt it was too big to,-start w Sunny responded that had we built `smaller we wouldn't be here asking for e change. / ,t MOTION. >'Bert Myrin moved to prove Resolution 16 approv1gt, he Growth Manag " ent Review for the As n Club project; seconded by tan Gibbs. Roll call te: Ryan Walterschejd, yes; Keith Goode, yes; Clif eiss, no; Bert Myrin, y , Jasmine Tygre, yes,;,�tan Gibbs, yes; LJErspame , no. APPROVED S-2. Public Hearing: South Aspen Street Lodge — PUD Review LJ Erspamer opened the public hearing for South Aspen Street Lodge PUD Review. Chris Bendon presented the affidavit of notice. Debbie Quinn reviewed the affidavit of notice for posting and mailing and there was an information outreach meeting of a sketch plan with all of the requirements for that meeting was met. Chris said this property was known as lots 1, 2, and 3 of the South Aspen Street Subdivision, south of Dean and north of the Shadow Mountain Condominiums. It has been known as the Lodge at Aspen Mountain property in various reiterations over the last decade or so. Chris gave a brief history of the property with an approval granted in 2003 known as the Townhomes approval for 14 free market units and 17 affordable units and is a vested approval for the property; subsequent to that there was much discussion about zoning being unfortunate that was the basis for that approval and there was a neighborhood master plan initiated in 2008 that is also referred to as COWOP L The neighborhood master plan involved this property and the property across the street, Lift One Lodge, properties to the east were Ski Company properties and properties owned by the City of Aspen all included into a master plan process; that plan was not approved. The various 4 Regular City Planning & Zoning Meeting — Minutes September 18, 2012 different properties owners went their own way; the Lift One Lodge was approved roughly a year ago. Chris said on this property there was a second COWOP II just for the Lodge at Aspen Mountain in that review there are drawings in the packet and there will be more on the power point with significant reductions in the scope of the project. The project was subjected to some significant hardship and not presented to City Council. The property then changed hands and is now owned by ASV Aspen Street Owner, LLC and David Parker is the principal of that company but is not present in tonight's meeting. Chris said that in July of this year there was a sketch plan review with City Council and P&Z and the minutes of that meeting are in your packet. Tonight's application came in requesting all reviews which the applicant and staff have urged one another to pull back to focus on the fundamental parameters of this application. Chris said tonight we are going to focus on 3 items: the program, site plan and massing. The program essentially the uses on the site being residential, lodging and commercial; the site plan being how those uses lay on the land and massing which is a combination of heights, floor area and view plans. Stan asked if affordable housing would be part of the program. Chris replied yes. Bert asked about the lifts. Chris replied that there was no resolution here; if P&Z is comfortable to make a recommendation tonight we can deal with that in a motion. Chris suggested to continue tonight's meeting until next week September th and October 2na 25 Bert said this goes on as a recommendation to City Council in these 3 areas and then comes back to us after City Council. Chris replied right. Bert asked if P&Z could tweak the 3 areas. Chris answered yes you would expect some fine tuning within those areas to make sure the project has merit at a fundamental level before getting to those details and a way to preserve your time and energy. Bert asked from a process standpoint why not do a conceptual. Chris responded it essentially is. Chris stated that they have been trying to develop a lodge since 2003 and the statements are a mix in the community and we don't see the townhomes as a really good decision for this property; it was based on zoning that has changed. Chris said that the townhomes do little for the community and are large and expected to be dormant most of the year which doesn't fulfill a need for the community. Chris said the lower portion has 73 keys with about 84,000 square feet and about a 50 foot height at the highest point. The other 2 parcels have a proposal for 35 5 Regular City Planning & Zoning Meeting— Minutes September 18, 2012 whole ownership residential units, most of them have lock offs; there are 31 lock- offs with these units. The affordable housing has requested a reduction for a project of this magnitude from 89 FTEs to approximately 43 FTEs with 19 on site and 24 off site. Chris said they have a wish that the free market piece of the project to function more like fractional or lodging. Chris said the upper 2 parcels are similar to the Lift One Lodge with height points on the natural grade of the land. Chris said they are looking for your initial take on the project on those 3 the program, site plan and massing. Cliff asked Chris the total FAR of this proposal. Chris replied above grade they were 85,000 and the upper 2 parcels 84,000. Mitch Haas replied that they were fully under the 2012 code with one exception to figure out how it applies to the Mines Dumps that were demolished like 10 years ago; it was a set requirement that we just carried forward. Cliff asked what the FTEs were in units. Chris answered that it depends on the unit layout; for a one bedroom unit mitigates for 1.75 FTEs. LJ asked where the data comes from for tracking the success of a lock-off unit. Chris replied they did a study of fractional as lodging units and had a slightly higher occupancy. Chris said the Grand Hyatt had quite a bit of utility to the lock- offs; people requesting just one room. LJ asked for tracking of fractional. Chris stated that we do not have good tracking of fractional; there was a study done about 6 months ago and he will make sure that P&Z gets a copy of that. Bert asked how the Ski Company underground parking worked. Chris replied there is long term lease (99 years) on parcel 2 for 30 spaces; it is an ownership right that the Ski Company has through that lease. Bert asked how to sustain something without tearing down and starting over again. Chris said projects need updating from time to time depending upon the quality of the resource and advancements in technology. Todd Emmerson is representing Bald Mountain Development and he introduced Mitch Haas and Andy Wisnoski. Todd said the parcels were at the base of Aspen Mountain and have spent the better part of a year trying to develop this site; last fall they presented an application to amend the existing PUD to the City Council seeking to enhance and update the entitled townhome scheme by improving the site plan, reducing overall density and by reacting to the then recently approved project. Todd said in response to our application City Council in no uncertain terms along with staff voiced strong preference for a lodging component on this site. In response to that plan the community had to accept trade-offs because the 6 Regular City Planning & Zonin2 Meeting — Minutes September 18, 2012 development of the hotel alone was not economically feasible in today's market and they couldn't make it happen. Todd said we typically heard from Council that they would be flexible with regard to impact costs and fees to building height limits, parking, scale and affordable housing requirements if we could meet the object to get a lodging goal on this site. Todd said they are back here at Council's request to design a project that has at its heart the goal of achieving an economic viable hotel and hospitality project on this location. Several weeks ago this Commission, City Council and us, the applicant, met in a sketch plan session to find an acceptable starting point through our reconsideration of this hotel project on South Aspen Street as well as to share some of our known economic challenges facing the development on this site. Todd explained they started the sketch plan session by reviewing the final results of the COWOP II design effort; that was never presented to the City Council it was approved by a public body made up of this Commission and of the current Council. Todd said that they agreed to table the townhouse project and move forward with the planning effort with full support of this commission. Todd said their presentation was in a rough form and it is important to get your input on design of the project to the benefit of the community sought by this hotel concept being met and that the design concepts will receive refinement as we receive input from this board, city council and the citizens that are going to provide input and our design consultants. Todd asked the Commission if they felt that the site plan worked in this neighborhood; did the mass and scale of the hotel component fit within the general parameters that were set up by COWOP II and does this programming fit the community's desire for a hotel. Todd said the overall height is close to 50 feet and only a portion of a single ridge line exceeds 55 feet; the buildings are setback into Shadow Mountain. Todd said on the lower site the northern most parcel the project includes a standalone hotel with 76 guest room keys, a restaurant, a lounge, spa, some meeting rooms and a parking garage. The upper piece has 2 condominium buildings which can be branded and served by the hotel. The vast majority of hotel keys were a hotel and the majority of the condominiums will have lock offs. Todd said the majority of these buildings stay below that 42 foot line and only portions of the building with elevator cores or some roof structure to give the architecture some interest and those masses are pushed back on the site to provide relief to the street and scale to the street. Break 7 Regular City Planning & Zoning Meeting — Minutes September 18, 2012 Jasmine asked about the reference to the 42 feet height limit. Todd replied the yellow line was 42 feet. Jasmine asked why did you choose 42 feet. Mitch replied it was the code was and now is 30 feet. Jasmine said the current code is 40 feet. Jasmine asked about the hotel operation that the construction and sale of the free market units will subsidize the construction of the hotel; when the hotel operator gets involved he doesn't buy the hotel they just rent it. Todd replied 90% of the time and that is the case. Cliff said that you made a decrease from COWOP Il to this proposal; he recalled COWOP 11 coming in at about 130,000 and change. Todd answered about 197,000 feet is whole. Cliff said so this decrease was incorrect. Cliff asked Andy if you were using Juan Street for your entrance and he remembered standing in front of Mary Barbee's property and the turn was narrow and a truck almost ran them over; what do you have in mind for this Juan Street entrance. Todd stated that the road was being re-engineered it was not as it was prior. Mitch said the main approach to the hotel is on Aspen and South Juan. Todd said there is a single entry on Juan. Mitch said they have tried to leave Dean Street completely alone so the private parking area isn't infringed upon and say the service should be only valet for their parking off of Juan Street. Cliff asked where the free market parking was on this plan. Andy said the lower building of the upper 2 and the entrance comes in the middle and there are 15 parking spaces for the lower building and 16 for the upper building. Cliff asked how are you going to limit support vehicles and other vehicles that come up to the hotel and where are they coming up Juan Street. Mitch said the Ski Co parking is below that parcel 1 hotel. U said the traffic circulation needs to be re-visited and sees some problems; nobody has talked about the Juan Street Apartments. U said this is an important part of the site plan. Stan said he also was concerned about the traffic there and at least the COWOP II design has a traffic circle. Stan said there should be someway reasonable way to control traffic either with a gate and card entrance so you can at least limit who is going to be informed to go via Garmisch. Stan asked about the bridge between the hotel and the middle building; was it just for the hotel. Todd replied that it was actually for the hotel guests, the pool amenities can be used for the upper 2 buildings and that bridge gives guests from either the condos or hotel. Stan said the bridges don't look attractive to him and thought transparent glass would have looked better and would like more detail. Bert asked about the financials to do with the property. 8 Regular City Planning & Zoning Meeting— Minutes September 18, 2012 Keith asked when the maximum height was 60 feet. Todd answered that was a historical context. Mitch said that was approved by the COWOP group but not by City Council. Todd said they have nothing above 60 feet. Ryan asked if there was a diagram showing that with all the roof points. Andy replied no they do not have those details at this point. Todd said there 4 one bedroom units in the center and the hotel has 6 dormitory style units for hotel operations. Cliff said in both COWOP I and II there was an issue with Juan Street Affordable Housing encroaching on your property and it was stated that the Juan Street Housing would have some sort of a yard and this looks much different. Todd said there were some retaining walls for daylight to the hotel rooms so they wanted to preserve the open space. Todd said that you were actually cutting into the grade and actually under the lid of the entrance to the garage. Mitch said the entrance to the garage is set off 10 feet from the property line. LJ said there was more massing above grade than below grade as opposed to your last application, why was that. Todd replied there was more massing above grade on the hotel parcel to accommodate the amenity needs and the guest room needs; all of the guest rooms need to have daylight, the hotel operated insisted the spa and restaurant have daylight and the lobby. LJ asked if there was a program for the check in for the condos. Todd said it wasn't a detailed program yet but it was the intent that the condominium be managed by the hotel. Bert asked how many square feet was the total building of the hotel, underground above ground not FAR. Todd replied 100,004 square feet in the hotel and a 40,000 foot parking garage below that includes those 30 parking spaces leased to the Ski Co. Public Comments: 1. Mack Bowlens said that he managed the Lift One Condominium and said it was interesting that you brought up the guest rooms needed daylight; the Lift One owners want day light too so keep at least the hotel at a height limit of 40 feet. 2. Denis Murray stated that he lived at Trainors Landing and that a 40,000 square foot parking garage into that corner would be better served if you saw basically that is a residential neighborhood. Denis said he was on COWOP I and II, all of those things, when you drop that traffic into that garage with buses and the Timberidge parking was in the 20 foot right of way. And snow gets stacked high over there as the stop sign and beyond. Denis said Koch Park has a lot of activity all summer and parking is critical in that 9 Regular City Planning & Zoning Meeting — Minutes September 18, 2012 neighborhood just for the events that have been taking place forever plus you eliminate access to this structure from Aspen Street because it has a stoplight at the highway and it is a main thoroughfare. 3. Paul Taddune said that he was here on behave of the Lift One Homeowners Association and the owners can't be here tonight and are impacted by this project. Paul said the applicants have been cooperative but on the third component that you are supposed to look at which is mass and scale. Paul asked for slide #9 and think about whether it was discussed before and they are not trying to overwhelm and the height is about the same as COWOP Il. Paul said there will be a hotel 4th floor right in the face of Lift One and you want to be closer to Lift One. Todd said what you are seeing doesn't front Lift One it fronts against Timberidge. LJ closed the public section of the hearing. Todd responded that if the community wants a hotel on this site that there are going to be trade-offs. Todd said that they are trying to work with the regulatory groups and a hotel project is much more exciting to build as a developer than some townhouses. Cliff said the trade-offs is what this is going to be about and he was very much for a hotel. Cliff said you are requesting twice as much FAR; the townhomes were 95,000 square feet and they are going to have 86,000 of free market space plus the hotel brought this to 170,000. There is half of the affordable housing at your request most will be moved off site, cuts to the fees that the city could normally charge, exceeding code heights and an increase in free market. Cliff said there were 2 out of 3 building that are that private enclave that he is so much against so the hotel is jammed down to Durant and he is beginning to feel that we were better off with the townhomes even though he hated them. Cliff wanted the hotel and now there is more free market than hotel. Cliff said the Juan Street entrance was not a great layout and the entrance was on Aspen Street. Jasmine said that Cliff covered at lot of her concerns and one of the reasons she was asking about the sustainability of the Hotel down the road has to do with the size of the building and you are giving up a lot of the building. Jasmine said the basis of this,project was if you wanted a hotel you are going to have to give up a lot of other things and Cliff pointed out very accurately that the things that you are will to give up are they worth having the hotel here. Jasmine said you can hide the massing but you can't hide the height; it is not appropriate to have the demand for 10 Regular City Planning & Zonin2 Meeting — Minutes September 18, 2012 services and reduce the employee housing by half and she thinks that is a disservice to the community. Stan said Jasmine just stated what I echoed and had a hard time with the employee generation is a very difficult thing to offset; a lot of employees will have to be driving in and out of town and that is what we don't want. Stan asked if it was possible to put the garage entrance on Aspen Street. Todd replied that he believed it is, yes it could be put on Aspen Street. Stan said the employee housing and traffic were the big issues. Keith echoed the employee housing and he asked about where the delivery trucks would go. Todd replied that it was all below grade; in the iteration of the design there is a receiving dock in the parking garage off that Garmisch entrance this design put the trash truck underground. Ryan echoed what everyone else said and he said this was new to him but it almost seems that you could get 2 hotels in there. Ryan asked if there was an opportunity to add a second level and mid-level for the parking garage. Todd said he is clearly seeing that he will look at other options to the parking garage entrance. Ryan asked to see the proposed mass and scale especially in terms of height. Cliff wanted to discuss a subject for Bert because he brought up the developer; he said they are going to sell this project to an operator and all hotels renovate every couple of years because that is what guests want changes. Cliff said the hotel room size is important and the average Aspen guest size room is small. MOTION: Stan Gibbs moved to extend to 7:1 Sseconded by Cliff. All in favor. Bert said he was not on the size, mass and scale; he wanted to support staff and the free market owned and operated more like a lodge operation; he would like to know what works like the Aspen Square. Bert would like to know the average square footage of a room at the Silvertree Hotel; why haven't some of these worked and why some had not worked. Bert wants to see a hotel that succeeds for duration. Bert talked about the costs with Cliff. Bert wanted to know how the Silvertree, Jerome and Limelight work. LJ asked for a conclusion here: agree on Aspen Street access, the tunnel below grade, the pool to be moved to the other side, housing mitigation, too tall. Stan said if the building was lower and get creative and close Juan Street and get lower. 11 Regular City Planning & Zoning Meeting — Minutes September 18, 2012 Todd said the pool could not be moved because of a deed restriction on the property. LJ said if there were a back up to Juan Street and put it lower. MOTION: Stan Gibbs moved to continue the meeting to 7:30 seconded by Cliff Weiss. The following did not vote in favor of extending the meeting: Jasmine Tygre, Keith Goode and Bert Myrin. Todd thanked the commission for listening and nothing said surprised him;-it never occurred to him about vacating Juan Street might be something practical and they will give it thought. There was no fractional designed into this; they have designed a residential portion. Todd said that they would take your input and be back. Chris suggested September 25th for the continuation. MOTION: Jasmine Tygre moved to continue this hearing on South Aspen Street to September 25`h, Bert Myrin Seconded. All in favor. Adjourned at 7:35 pm. Jackie Lothian, Deputy City Clerk 12 Regular City Planning & Zoning Meeting—Minutes September 25, 2012 Comments 2 Conflicts of Interest 2 South Aspen Street Lodge — PUD Review 2 1 Regular City Planning & Zoning Meeting — Minutes September 25, 2012 LJ Erspamer opened the regular meeting of the Planning and Zoning Commission in Sister Cities Meeting Room at 4:30. Commissioners present were Ryan Walterscheid, Keith Goode, Stan Gibbs, Bert Myrin, Jasmine Tygre, Stan Gibbs and LJ Erspamer. Cliff Weiss did not attend. Staff in attendance were Debbie Quinn, Assistant City Attorney Chris Bendon, City Community Development Director; Jackie Lothian, Deputy City Clerk. Comments Bert asked Debbie Quinn about the public outreach notices but wasn't sure if P&Z was supposed to attend or not. Debbie said it was probably not good to attend; a public hearing is a quasi-judicial proceeding. Bert asked where Council was at on the list that we recommended; the downtown codes and lodging district. Bert recommended going to the website for Com Dev. Jasmine Tygre asked if P&Z wants to sponsor a particular amendment they can, right. Chris replied that see if there is an alignment with the commission with some sort description of the end result with some tools but more importantly what are you trying to achieve. Chris said they would take that to Council and see if they would want to initiate a code amendment; it is actually the same process that a private party can do; they would then say yes or no to add to our work program and what kind of outreach they would want. Jasmine said but P&Z cannot initiate an amendment. Chris replied Council initiates the drafting of the actual code amendment. Chris reminded P&Z of the state conference in Snowmass Village next week. Minutes Postponed until the next meeting. Declaration of Conflicts of Interest Stan said that he had a discussion with the press, Curtis Wackerle, the article stated fairly well what was reflected in the last meeting and didn't feel that it would prejudice his decision in this application. LJ said he read it and thought it was a great representation of our commission. Continued Public Hearing: South Aspen Street Lodge — PUD Review LJ Erspamer opened the continued public hearing for South Aspen Street Lodge PUD Review. Chris Bendon in his memo said there were no new plan in the 2 Regular City Planning & Zoning Meeting—Minutes September 25, 2012 packet but the applicant is prepared to show new site planning that is more along the lines of the COWOP I1 site plan. Chris said he did criticism of the project as proposed and suggestions of how the project could be improved; he would like to understand those points as clearly as he can from thetcommission so that he can draft those into a resolution that you can adopt and forward to City Council. There is some value of City Council receiving a recommendation of denial but a more through guidance to the City Council if they are provided with how the critique works that can be put into the resolution and here are your suggestions in your own words. Stan said that he was unclear as to what process that we were operating under. Chris responded that the application originally came in as requesting all of the land use reviews that would be needed to go to conceptual and final PUD, Subdivision, Conditional Use, Growth Management; in discussions with the applicant they both said to slow down because it was a lot for people to digest in a small amount of time with the components that the project has and if it has merit and should go through the longer exercise review. Chris said the applicant agreed to change the review to a conceptual PUD only and then forward to City Council who would do the same review conceptual PUD and if the project has merit and final PUD application along with the other reviews would be submitted by the applicant and then final review. LJ said the commission should have discussion with the applicant. David Parker said that he was a partner with Bald Mountain and thanked the commission for the special meeting. David said the concerns from the last meeting were the garage entrance, traffic patterns, height, residential units and street parking. David utilized power point to show the project proposal which was from COWOP II leaving Juan Street basically a pedestrian street with bollards so it could be used for emergency vehicles. David said there was a smaller turn around and seems to help traffic and keep the traffic off of Juan. Stan stated it was a huge improvement and that was where the traffic belongs. LJ asked if anyone disagreed with Stan. No one commented. Public comments: Mack Boelens pointed out that the Lift One Lodge on the other side of Aspen Street with 100% of their traffic was also using Aspen Street so both of these huge projects were all on one street and it was hardly fair to the people that are on that street. Mack said a service entrance off Garmisch was appropriate to relive some of the pressure. Paul Taddune said there was an observation to put the lift down closer into town and with all the traffic going down Aspen Street you will constrain South Aspen Street. 3 Regular City Planning & Zoning Meeting — Minutes September 25, 2012 David went back to the old site plan with the heights and it was the same heights and the number of keys. David said that if you wanted to slide the building 20 feet from Southpoint they could do that. Bert asked if this were not a PUD next to the Lift One what would their height expectations be; does this exceed that. Chris responded the setback is 5 feet and depending on the density of the lodge rooms; low density would be 28 feet and high density would be 36 to 40. Bert asked what it was actually in this proposal. David replied 53. Andy said that you were referring to the lower site and we were more than 5 feet today. David said it was closer to 10 feet. Bert asked the benefit from setting back and going up. Andy stated that the intention of the argument that he made was if the height was 36 feet at that location as opposed to a 2 story mass; the site lines are improved because you don't have this vertical wall surface that is so close to you. Andy said the intention of this design is to push the portion of the mass to the South and get them on the upper portion of the north portion. Andy said that you need to see a sectional relationship between seeing a 36 foot mass to something lower on that side. Jasmine asked what was the grade change moving the building back to Juan Street. David replied depending on how high you slide it over; if we slid it 20 feet it would get a little better sun. Chris stated the site line won't improve in Lift One Condos especially if you are in the lower levels; it does go up. Jasmine asked for a way to show what that would be or ask us if that would be a good idea and it would be helpful to know what that grade is. Chris said you would want to say you would support moving the project away improving the site lines and solar access. Bert asked what the extra box on page 17 was. David responded it was a chimney box. Stan asked how wide Aspen Street is. Chris replied the right of way is 75. Stan asked to just talk where the Lodge building is going and the Lift One on the other side, so what is that width is it going to be. Chris said the right of way is 75, the Lift One vacates a portion of that to the midpoint so it would be 37 and a half feet wide; the street would be 22 or 24 feet wide from curb to curb with no parking on either side of the street. Stan asked how much pavement will we see on Aspen relative to Garmisch. Stan said he would like to see what it would look like. Bert spoke about to the east was the high density lodge zone and Garmisch to the west seems like it changes to R-15 and lower density. Bert said he saw an advantage to pushing the traffic into this zone rather pushing it off to the end of the zone. Public Comment: Paul Taddune asked if the expectation was 36 feet or 40 feet. Chris said the height is 36.240 and you discover where you land in that range through a commercial design process. Paul asked how tall was the townhome project. Andy replied those stayed in the 28 foot height restriction range at the midpoint. Mack Boelen asked the height of the elevator box. Andy replied in the 54 to 55 Foot range. 4 Regular City Planning & Zoning Meeting — Minutes September 25, 2012 Bert asked for the next meeting to bring an overlay on one page of the vested rights townhomes, box done by the right, in 2 places where it is proposed currently and where it might be slid, where staff would like it to slide and the site lines for each of those. Jasmine asked for places that might be impacted from site lines and looking for guidance as to where the site lines might be. David said you wouldn't see it from Wagner Park because there are bigger buildings in the way. Andy said mostly the view for this particular project will be from an oblique angle up Aspen Street because most of the buildings below that will block. David said the parking is required by the City Engineer and under this plan there is more parking than in the previous vested plan. Ryan said in that area of the site plan shows how tall it is it shows by the pool that is just one level and previously it was the ramp down to the parking; what is going there now. Todd responded that would be hotel rooms and mechanical space. Ryan asked if there was a walkout to the pool. Todd said there was a deed restricted height. Bert inquired about keeping the same number of parking spaces by the Timberridge whether at an angle so that we aren't concerned about something that someone is concerned about. Andy said he could only speak for the applicant and his answer was that he didn't think so because the City Engineer has made up her mind. Todd said that was the Dean Street easement that belongs to the city and Timberridge uses it today. Chris said that you want to have some direction for City Council to direct the City Engineering to examine this with how you would orient the priorities; on street parking is behind the street tree plan. Chris said the applicant has been at the mercy of whatever the city says and there are absolute Engineering Constraints and Policy. U said that they should do something about parking. David said the next comment was a concern about affordable housing; under the current code and we were doing all of the affordable housing on site we would be required to provide 39 FTEs. David said they were proposing today was 43 FTEs with some on site and some off site. David asked the commission if 39 units are acceptable under the code in one scenario is 43 acceptable to get a lodge. Stan asked in comparison the townhome vested project has 13 FTEs. Todd said the current townhome plan houses on site 46 FTEs. Ryan said some was dormitory, some studio; were there requirements in the code that dictate a certain number of FTEs. Chris replied there were unit requirement stated in FTEs and you can achieve that number with housing and get a credit for certain types of units. Bert 5 Regular City Planning & Zoning Meeting — Minutes September 25, 2012 said under the current code there would be 39 required. David replied there would be 39 as mitigation for the 21 housing units, 28 for the lodging units, 13.8 for the commercial restaurant, 13.75 for the Mine Dumps which totals 89 but under the code when the mitigation is satisfied on site only the highest of those various requirements those attributed to the lodge need to be provided or met. Keith asked if the employee units on site had some part of it above ground and some below. Andy answered that it was spread throughout the unit; there is a portion through the mid-portion of the site and some retaining required outside of the unit because it is on the uphill side of the slope. Andy said the other section was in the hotel and above grade. Stan asked if the housing in the hotel was purchase or rental. Bert said the affordable housing was 60% of the generation. Jasmine said that you are going to need a certain number of employees for this project and the services for the residential units. Ryan asked how many FTEs were actually housed on site. David replied 19. Stan asked do you have a number that you are going to use; a number the operators say they actually going to need. David answered they did not. Bert asked if buying off site credits worked and how does it work. Chris replied that it essentially worked like buying cash-in-lieu or an offsite unit. LJ said that he didn't think that 60% was enough. Chris summarized from this meeting and the last meeting under the critique category the proposal only accommodates half of the standard affordable housing mitigation that was otherwise required while it provides more affordable housing than the townhomes project and generates more employees and P&Z believes is the under mitigation shifts too much to the public and the commission questions such a significant trade-off. Chris stated the applicant is encouraged to explore additional affordable housing, more options than to decrease the housing burden of this project. Chris said another suggestion was to show a cross section of the affordable within the middle building to see the livability. Bert did not agree with reducing the total number of employees; this was not the way to get to the number. Jim asked for some metrics on the number of employees that they are really going to have. Jasmine said there are some general guidelines that are available in magazines. LJ said in the UGB what would you be willing to have in the city limits. Ryan said personally he would rather have all 39 on site and make the building bigger. Keith agreed and would rather see a bigger project and more employee housing on site. LJ asked who disagreed with Ryan and Keith. Bert said they overpaid for the property. LJ asked what you are going to do about sound from where the pool is located, it is an amphitheater and the neighbors may be affected by the sound. LJ said traffic 6 Regular City Planning & Zoning Meeting — Minutes September 25, 2012 flow, it would be nice with both of these projects if you could enter on one side of the street and exit on the other side of the street; link the parking under the street and no one would be crossing the street. Public Comments: 1. Jaleh White said that she lived right across the street from this project so she would be looking at this project. Jaleh didn't think we needed alodge and at the Pines they are always empty except for her because she lives there. Jaleh said if it was pretty and good quality that was all she cared about. 2. Paul Taddune said he sits at these meetings and you talk about the code and he participated in this project. Paul said that you want to have a lodge, employee housing and the code; PUD is something that should be imaginative and think out of the box. Paul said maybe it's more height but in a different place which might be better; it is frustrating to be at these meetings because you don't have anyone to interrupt the code. LJ asked if you moved it up on somebody else's property. David said that he has heard this from some other people and nobody wants to propose it. Paul said this could be a lost opportunity to build something iconic and would solve the problems for everyone with more efficiency inside but instead we a spreading it out in the neighborhood. 3. Denis Murray said when you make your decision you should look at the work the community put in with the COWOP and tried to get employee housing, get it reduced and always said it was the townhome. Denis said he didn't see any difference with the townhomes and this with being lights off; you are building a townhome project with a hotel; if it doesn't work and it doesn't seem feasible from the last 10 years to work. Denis said to respect what the COWOP did. Commission Comments: Jasmine said Paul's ideas were interesting and good but we have to follow the code as P&Z members; she asked for the PUD criteria in the next packet. Jasmine said iconic buildings should not be every building in town. Jasmine had a concern about the hotel operation although the financials are not the purview of P&Z her fear is if the hotel is unprofitable to build what happens down the raod when somebody else takes it over; Council and P&Z would like to see a hotel on this site but a couple of years down the road we may have a building that really didn't work as a hotel and then what do we have. Jasmine asked how can we be assured that we can get a sustainable hotel operation. Jim stated he didn't think you can; none of us can control the future. Jasmine said that we have a responsibility to the community that if we are going to give up certain things in order to get a hotel we 7 Regular City Planning & Zoning Meeting—Minutes September 25, 2012 have to try and make sure to the best of our ability that the hotel that is going to be there is going to be a viable operation. Chris stated that his intent is to return to P&Z next week with a resolution that you can consider for adoption that states your position on this project and he has broken these out in terms of criticism of the project and suggestions for the project. Chris captured today that it provides Council with more depth to your review. Jim asked if these points set out were the present position of the commission. Bert asked for the next review by subject, he said that he liked that much better. Chris said the draft points for the resolution were the following with changes of within the free market component of the project needs to be compared to the vested townhomes project. Stan said on the 2nd criticism the Townhomes project certainly provide a private enclave; there is no provision for public access except for the affordable housing. Jim asked if we were leaving the "chilling effect" in the reso. Bert opposed it because the person who raised that isn't here. Jim proposed to remove the chilling effect. The Commission wanted to wait until Cliff was present to remove it. Chris said the bullet points about free market housing should be decreased. P&Z does not support the South Aspen Lodge proposal as submitted for the following reasons: • The project is predominantly a free-market residential project. There are more units and more square footage devoted to free-market residential use in this plan than in the entirety of the vested townhomes plan. • The upper two parcels have a "private enclave"feel to them and-the Com.nii%sion As-conce.med-about-thkrhavixig-a-cti-tiing e€f-e -orr-the-arda: • The proposal accommodates only half of the standard affordable housing mitigation as otherwise required. While it provides more AH than the townhomes plan,the project generates more employees and P&Z believes this under-mitigation shifts too much housing burden to the public. The Commission questions the validity of such a significant trade-off. - • The Juan to Garmisch traffic pattern with the hotel parking entrance on Garmisch presents too much traffic impact on the western side. P&Z recommends the application be revised as follows: • The hotel parking garage entrance be moved to S.As n St. The Commission would-waztfipprefer more lodging units and fewer free-market residential units. • The free-market portion of the project function as and be operated to assist the hotel and short-term stays. This could be achieved through fractional interests or other mechanisms. In any regard,this needs to be assured through appropriate land use and legal mechanisms that sustain. • Massing concerns along the north edge of the hotel could be alleviated by vacating or partially vacating Juan Street. The Commission suggests the applicant explore this option. The Commission also encourages the applicant to explore a tunnel rather than a bridge to connect the buildings. • The applicant is encouraged to explore additional affordable housingoo-- options that may decrease the employee housing burden of this project. • The applicant is encouraged to present 3-D renderings of the project so that reviewers can fully understand the scale/massing impacts. 8 Regular City Planning & Zoning Meeting—Minutes September 25, 2012 Ryan said the City Council has requested how to get a hotel here and in order to do that there are going to be trade-offs so if we need to increase a portion of residential he is in favor of that; he would propose striking the second comment. Bert said the goal is something that not always gets by P&Z and City Council but resonates through the community because if we approve something that doesn't work with the community so the shaping of it happens through everyone. Jasmine said that it says we prefer more lodging units and fewer free market that doesn't mean that we are going to necessarily deny the application. Jim said it was disingenuous to do that because it is not realistically achievable and it suggests a direction or opinion. Jasmine said there may be another way that we haven't considered and the applicant may have considered and it has to do with private/public partnerships or ways like Aspen Square condominium hotels; there may be ways to get more short term accommodations on that site and still make money for the applicant. Stan said the preference can certainly be stated that we would like more lodging units but his question in general was if you were to build only a hotel would that be viable, if the whole site was a hotel. David replied no. U said a compromise would be to take out the whole first sentence. The Commission agreed. Jim asked to take out the word "vastly". Chris said the affordable housing topic included that the project contains more affordable housing than the townhome project but P&Z believes that project generates more employees than planned and the under mitigation shifts too much housing burden to the public. Chris said the Commission questions the validity and trade off. Chris said there was a request to see the affordable housing through the middle building, ideally that will be presented at the next meeting and to refine the actual number of employees expected to work at the hotel. Ask the applicant to explore a larger project with more on site housing and ask the applicant to explore opportunities for partnership with the city parcels. Stan asked is the statement whether it provides more affordable housing than the townhomes claim correct. Chris said that he thought in the application it was 46 or 43 employees. U asked if we could strike it. Stan said we could start with we feel that the project generates more employees and to get rid of"or" in the second to the last of the recommendations. Bert asked if there was any support for reducing or going below the number 39 on site when that is already 60% of the full amount and half of that. Jim asked what he was proposing. Bert said 19 on site. Stan said to him it would depend on how much off-site housing; he said that he could support 100 FTEs off-site within the UGB, he could support something like that. U asked if Chris could create 9 Regular City Planning & Zoning Meeting— Minutes September 25, 2012 something like that we would consider more mitigation off-site; yes we would be more receptive to mitigation off site if they had more. Bert said that was how the code works you have to double when you get off site. LJ asked the applicant if they would accept the code. Chris said there were site plan issues: the Juan to Garmisch traffic pattern with the hotel parking on Garmisch presents too much traffic impact on the western side; we appreciate the applicant's responsiveness to changing the hotel's entrance which is an improvement. Encourage the applicant to explore vacating or partial vacation of Juan Street. Chris said a partial vacation was making it skinnier. Keith asked if the project were to slide 20 feet would that reduce Juan Street. Chris replied it would. David said the right of way is 50 feet right now. Chris said the commission supports improvements to the view angles and sun access to the Lift One Condos but we need to see, show the depiction of site lines, a cross section along Lift One Condos, both the current and the slid versions, show the 36 to 40 foot worst case scenario from the Lift One Condos 5 feet setback; show the view angles of the townhomes approval and show view impacts across South Aspen Street. Chris said on parking to encourage the City Engineer to prioritize on street public parking within the western neighborhood, being the Garmisch to Juan area. MOTION: Jim DeFrancia moved to continue the public hearing on South Aspen Street until October 2nd; seconded by Jasmine Tygre. All in favor APPROVED. Adjourned at 6:50 pm. Jackie Lothian, Deputy City Clerk 10 Regular CJAv Planning & ZonjAg Meetin — MhAtes October 02 2012 1? /' Ryan ask from process to opation that if we recommend approval a d'you change material how doesiat tie in with that,"approval. Jennifer reed there wereemmor changes that staff can approve; th"railings and how they'can keep they tr sparency with an alternative material ai)8`if it felt like it was really going aw y om the spirit of thge"approval we wouldnd it back to the Plap'ning & Zoning Commission. Rypfi liked the building and could support it Jasmine saidAXat she had nothing for add. LJ said h 'didn't think it was in,'their purview to impo§'e a curfew on the roof top. LJ said ith option 2 the flat400f was less offensive. U asked if we approve the resol ion and then add an lamendment about the glazing. Debbie stated there wass a s ggestion to add a condition to the resolution to add glazing be as non-reflective possible and if they/heed to come back forl`a change there is a process to use. MOTION. Jim eFrancia moved to leommend approval of the request for• a commercial de gn review at 122 East, ant, Resolution 17-12, adding"all South facing glass rfaces be minimally reflective, second5d by Bert Myrinl. Roll Call: Keith GoZ yes; Stan Gibbs, yes,t`Cliff Weiss, yes;,Jim DeFrancia yes; Jasmine Tygre, y_ JErspamer, yes. PROVED 7-0. Continued Public Hearing: South Aspen Street PUD LJ Erspamer opened the continued public hearing on South Aspen Street Lodge Conceptual PUD. Chris Bendon stated this was a continued hearing from last week, September 25th and during that meeting there was a request for some additional information, which has been provided and he will hand that out. Chris stated presented on the 25th was an amended site plan that shifted the parking garage entrance over to South Aspen Street because South Garmisch was unworkable. Chris recapped that this was the 3rd hearing and we are focusing on a conceptual PUD and focusing on the uses within the project, the site plan and massing with the idea of presenting City Council points so they can go through that same exercise at a conceptual level and see if the project is workable and then it would come back in through final review for the specifics of architecture, parking ratio, more detailed review that this board is used to seeing. On the 25th we reviewed a summary of what he characterized as P&Z criticisms and suggestions for the fine tuning and he has incorporated the language into the resolution. Ideally this is a way for City Council with some guidance on the project that it more 7 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 thorough to weigh their way through the minutes. The applicant provided some additional drawings and he distributed the drawings with more information. David Parker used power point and showed a slide with the original right of way at 75 feet and then with the movement of Lift One Lodge it is down to about 28 feet of actual right of way. David showed the garage entrances on the slide and there was discussion from the views from Lift One Lodge and South Aspen has the right to put in somewhere between a 36 or 40 foot high building along the 5 feet from the property line under the current code. The current hotel configuration has better site lines. David said there were 2 pods of affordable housing; one was in the hotel at grade level and one up in the upper side of the middle building with a 10 foot walkout. There will be no parking on Juan Street. Stan asked if the 28 feet extends all the way down to where it becomes much wider. David showed where the 28 foot started directly across from their building and zigs up right there and goes all the way up to the top of the hill. Stan asked if we ever got the measurement how wide Garmisch is on the curve, how wide is that pavement. David replied 22 feet. Cliff said the space between Juan Street housing and building 2; into the parking garage for building 2 and then a bit of green space between building 2 and Juan Street; are there still retaining walls that break up the space between the 2 buildings. Andy asked if it was the middle and the upper building; if so there was a retaining wall along the edge and at grade it can become green. Cliff said that that was a big concern from COWOP that there was a buffer. LJ asked from the slide the lower one was the Lodge, the middle and the top are condominiums; how do you get into the garages. David showed the garage entrances for each building. LJ opened the public hearing. Public Comments: 1. Paul Taddune said he was here on behalf of Lift One; Paul read from his letter (attached to the back of the minutes). LJ asked if anyone else from the public wished to make a comment, none stated. LJ closed the public comment section of the hearing. 8 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 Commissioner Comments: Bert asked Ryan if he had asked about more mass and having affordable housing on site. Ryan said he made a comment that he would be in favor of exploring a larger project that contained more free market if it allowed more affordable housing on site. Cliff said that he was paying attention to what Paul Taddune said about the free market being down low and the hotel being above; he wasn't sure that would solve any issues for the 2 middle buildings. Cliff said there was no parking on South Aspen so putting the hotel at the top of the street would bring the daily traffic to the top of the street; there would be some AVSC race traffic up there. Chris captured in the resolution bullet 4 section 3 massing concerns along the north edge of the hotel that could be alleviated by vacating all on part of Juan Street and shifting the lodge building southward. The Commission also encourages the applicant to explore this option. The Commission also encourages the applicant to explore a tunnel rather than a bridge to connect the buildings. Cliff said that he thought what the homeowners were suggesting was to take this big building and move it. Paul said that in addition to that they were also saying that all this time and effort went into COWOP II and a lot of problems were resolved but we end up with this. Paul said he would require some involvement with the City Council. Cliff said inevitably it will be Council's decision. Paul said that COWOP was a good result and at the end was not a bad project. Cliff stated that it wasn't as simple as moving the building 10, 15, or 20 feet; they wanted the building moved to the top of the hill. LJ said his thinking on that was in the winter it would be perfect ski in/ski out; in the summer where pedestrian movement were the 2 issues facing that dilemma; he said that he was not going to make a conclusion of where it should be he just wanted to let you know his thoughts. Cliff reminded him that a hotel get more daily traffic then a condo complex. LJ said that no one was going to walk up there. Stan said that he was confused about all of the handouts and was this last one a change from what we saw; that the hotel belongs on the lower end of the property. David replied that the approved townhome that was approved in 2004; they have dropped the heights from the lower ends. Stan said given that there is another big hotel on the other side of the street that it is prudent to have this parking entrance and the activity of the hotel lowered down and he understands it is not the favorable from Lift One but from a program perspective; he thought it was a better idea on the street since part of it has been vacated it to separate those 2 hotels. 9 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 LJ said the free market residential has more units and more square footage than the townhome plans, a private enclave and look at vested townhome plans. Stan replied the vested townhome plans are the approved townhome plans. LJ answered yes. Stan said the current homes have not yet been approved so we are comparing the approved townhomes. Chris said that he did put a note in there for the second bullet and the commission did have a brief discussion at the last meeting about striking that last sentence. Cliff agreed to strike the word "chilling". Jim stated what was predominately free market but that is the price that we are paying to get lodging. Cliff said through COWOP I and COWOP 11 started out with as many as 120 hotel units and 8 or 10 free market and now it has come back to us 75 hotel and 35 free market units so it is a big change in perspective. Cliff said when you looks at the project you have 2 very big free market buildings and a very big hotel but that is the trade-off, the first words out of his mouth was this was a predominately a free market project it will become a private enclave and it would have more lights on with a true hotel then is does from condominiums. David stated that COWOP 11 was 72 hotel rooms. LJ read this was predominately a free market residential project; there were more units, more square footage devoted to free market residential in this plan than the entirety of the vested townhome plan. LJ asked Chris if that statement was accurate. Chris replied yes. LJ said that is all it does is make a statement. Jim said it was an observation. Cliff and Jasmine stated it was a concern from them. Stan asked what metric is being used there that it is predominately free market; is it square foot. Ryan asked the applicant in the last or previous presentation it was presented that there would be some lock-off units that would be rented; would you mind explaining a little more of that. David answered COWOP 11 was 72 rooms with 20 lock-offs; we are 76 rooms with the assumption that all of the condominiums also have a lock off component but effectively we will be at 72 plus 35 so we are at 111. Ryan said if it was possible to do that we would prefer that but that is not required as you are presenting it to us. David replied correct the hotel operators want them to be put into the pool and we are finding out that at the Grand Aspen they find everybody in the pool but we haven't gotten to that point since we don't have an operator signed up yet. Chris said that he did try to capture that under 3 the second bullet; a desire of the commission of the free market portion of the project be more lodge like. Stan said that language is overstated. Cliff suggested why don't you state that there is more free market than in COWOP 11. Jasmine said we are in a sense comparing this project to the last one but we are trying to evaluate this project as a PUD and compare it to what is already approved rather than what goes back to COWOP I1 and she didn't think that it was 10 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 appropriate. Jim said the project is dominantly a project with a free market residential project with a lodging component. Jasmine said it was okay. Stan said we are getting good lodging and proposed there is also more free market residential than in the current vested townhome plan. Stan said that he agreed with Jasmine the vested townhome plan was the only thing approved so we should be comparing the current project to that what we know exists. Bert said that Denis Murray said that this looked like a townhome and lodge project. LJ reiterated they need to come to a conclusion on the project that it is predominately a free market residential project with a lodging component and asked who agreed. LJ said that the motion passes. Section 2 was to support the movement of the garage entrances onto South Aspen and were supported by the commission. Chris said the vacation of Juan Street needs more explanation because there is likely to be utility issues so he was comfortable leaving the encroachment into Juan Street as a suggestion while we are recognizing the applicant is receptive to that it is not really entirely within the applicant's control and we haven't gone through a detailed engineering review where we typically do. Stan said below in bullet 4 add that the applicant is willing to consider that option. LJ said the entrance on the middle building; you are going to have to drive through the pedestrian to get to it aren't you. David answered no the pedestrian area was the other direction toward the edge of the circle and there would be bollards. LJ asked why couldn't you just use the upper garage entrance for both. David replied that the 2 garages weren't connected and there are a lot of curb cuts on Aspen Street and the elevations are significantly different. Andy said that would have to downslide the affordable section, show how different levels those 2 garage levels are located. LJ said you could have the garage entrances anywhere on Aspen Street. David responded one garage would be below another garage. Andy said there was 85 feet of fall in this site. Ryan said that he would like to see it the way it was worded and would like to see more of the free market units managed as lodging units. Stan said the second bullet does that. LJ said Stan got it. Cliff said the second one doesn't say anything; a condo is a condo with a lock off room. Ryan agreed to strike the first bullet; 4 people agreed. Chris suggested on the second sentence this could be achieved through fractional interest, different operation of the lock-off units and other mechanisms. Chris suggested and additional sentence at the end of the next was that the applicant agreed to pursue this option. Stan said the last 2 bullets should be combined and to include both on and off site at the end of the first sentence and the last 2 bullets will go away. 11 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 Bert said there is nothing in the toolbox that after this hotel is approved and that is something that he would like Council to continue to work on. Requested 3 should be 4: Requested Clarification and Section 4 should be 5 and Section 6 should be 7. Jasmine said Bert's point was important because there were trade-offs to get the lodging facility; the applicant is doing this because Council requested they do it. Jasmine said that what we want or the community wants according to Council's direction lodging on this site, the hotel operation cannot possibly guarantee it. Section 4 bullets 2-5 were deleted. Chris stated that we have not been before the Development Review Committee so we do not have comments from Engineering and other departments on this project and all those will be at Final. Section 5 Limitations was good. Jasmine asked about reliance for the applicant but then it says the limitations of Section 26.445.030.D. Jasmine asked what are those. Stan asked the same question of reliance. Chris answered Stan that it would be in the approval stage and at conceptual you see it and like it then at final you see the comments from Engineering and it is a great question. Chris said the limitations 26.445.030 states: Approval of a conceptual development plan shall not constitute final approval for a PUD or permission to proceed with any aspect of the development. Approval of a conceptual development plan shall only authorize an applicant to submit an application for a final PUD development plan in accordance with the City Council Resolution granting conceptual PUD approval. Unless otherwise specified in the Resolution granting conceptual approval, a development application for a final development plan shall be submitted within one (1) year of the date of approval of a conceptual development plan. Failure to file such an application within this time period shall render null and void the approval of a conceptual development plan. The City Council may, at its sole discretion and for good cause shown, grant an extension of the deadline, provided a written request for extension is received no less than thirty (30) days prior to the expiration date. Development on any land within a Planned Unit Development may occur only after all land use approvals are received, all requisite documents, agreements and plats have been filed and the applicant has received all necessary permits as required by the Municipal Code and any other county, state or federal authority with jurisdiction over the land. MOTION: Stan Gibbs moved to continue the meeting until 7:15pm. Seconded by Jim DeFrancia, Approved 5-2 (Jasmine and Bert no). 12 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 Chris said the reason that he brought that up because when the Limelight was on the sale block that they could automatically convert to condominiums; condominium is a form of ownership and has nothing to do with use; they would have to come in to convert that lodge use to residential use. Chris noted the condominium use in the form of use but that doesn't give you the right to live there; you can stay there as a guest; so they could not convert. Bert asked if we could say the opposite if we have the authority. Chris said that they were willing to exercise all authorities maintenance of this use as lodging. Jasmine stated that you can't force an operator to keep losing money so the worst thing could happen is that the whole building would be empty. Chris replied yes; we don't see a lot of that but in a scenario that a property owner walks away and says unless you are willing to let me do something or another I'm just going to let it sit there. Ryan said the Inn at Aspen is all condominiumzied then you are releasing the burden from the operator. Jasmine said Bert's point is the amount of mitigation that we are asked to consider to get a lodging use. Cliff said there is a big difference between condominiums or townhomes and true lodging units and it is why he wanted to keep some of those bullets earlier on but it has to do with lights on and being an active vital part of the community and at some almost gated part of town that doesn't feel like the resort. Cliff reiterated that we want a hotel. LJ said it was an easy ideology but what does it function; we know we are dealing with what we know so little about. Jim asked Bert to tell them what he was proposing again. Bert said the commission recognizes there is no tool right now in the land use code to establish the sustainability of a hotel. Jim said that is true but didn't know if it were meaningful to say that. Bert says his concern stems from what Jasmine talked about whether I wanted to take a leap of faith for lodge preservation program for the Little Red Ski Haus where his concern at the time was whether it could be converted to single family use; this was in 2002. Bert said he was concerned that they could get bigger so they could operate as a lodge so we did allow them to add a little more square footage to achieve the community goal of lodge preservation and it seems like what is happening again tonight. Bert said that has been proposed. Ryan asked if they could propose an amendment to this zoning to abandon everything along this single parcel except for the lodging; is that possible. Chris said that is how he would set it up that the lower parcel would be its use. LJ asked for 10 years or forever. Chris said no, until they come back to change it. LJ asked for the verbiage. Jim didn't think there was any point in it. LJ said they were not really agreeing on this project they were just moving it forward. Jim said everything is done to move it forward and this part was a hotel. 13 Regular City Planning & Zoning Meeting — Minutes October 02, 2012 Bert asked if we could put something in there about the price we are paying for lodging which is predominately free market. The other commissioners said that was struck. Chris said he had a statement that might be useful "if a lodge is developed on lot 1 the commission recommends removing the right for free market residential on the parcel unless otherwise waived by City Council for a good cause" and will be put into the resolution as Section 8. Jasmine wanted to type up language in the affordable housing section for the applicant to know what to expect and what might be expected in terms of the amount of mitigation. Stan felt it was the most important concern that they have. Stan said that when you vote on this proposal and you don't think that it has enough teeth then don't vote for it. Cliff said the last sentence under bullet 3 under Section 1; why don't we instead of questioning something make a recommendation that we are expecting more mitigation. Ryan said why don't we say the applicant is to increase additional affordable housing options. For the record LJ said this is not an approval by the P&Z Commission but a vote to move this onto City Council. Bert said there are 30 parking spaces on site leased to the Ski Company; if the community really wants a hotel maybe it is time to do away with those extra 30 parking spaces. LJ replied that we can't it was an agreement between private parties. Bert said the 2 private parties can negotiate any agreement they want. LJ said that was according to City Code. David said that lease was signed 34 years ago and inherited; they asked Ski Co if they could get rid of them and Ski Co said those were the only parking spaces in Aspen. No one else on the Commission supported Bert. MOTION: Jim DeFrancia moved the approval of Resolution 18-12 pursuant to the amendments made this evening. Stan Gibbs seconded. Roll Call vote: Keith Goode, yes; Jasmine Tygre, yes; Jim DeFrancia, yes; Bert Myrin, no; Stan Gibbs, yes; Cliff Weiss, yes; LJErspamer, yes. APPROVED 6-1. Adjourned at 7:30 pm. Jackie Lothian, Deputy City Clerk 14