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HomeMy WebLinkAboutagenda.council.regular.20050808CITY COUNCIL AGENDA August 8, 2005 5:00 P.M. I. Call to Order II. Roll Call Ill. 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) Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) b) c) d) f) g) h) i) Resolution #56, 2005- Contract Animal Shelter Landscaping Resolution #57, 2005 - Contract for Stormwater Grant Resolution #58, 2005 - Scheduling Special Election Resolution #59, 2005 - Contract for Stormwater Rate Study Resolution #60, 2005 - Contract to Purchase Large Format Scanner Request for Funds - Growing Years Child Care Resolution #61,2005 - Police Vehicle Equipment Minutes - July 25, 2005 VII. First Reading of Ordinances a) Ordinance #35, 2005 - 306 S. Garmisch Subdivision P.H. 9/12 b) Ordinance #36, 2005 - 430 West Main Historic Lot Split P.H. 9/12 VIII. Public Hearings a) Ordinance #26, 2005 - Recycling Initiatives Continue to 8/22 b) c) d) e) Ordinance #32, 2005 - Chart House Final PUD Resolution #50, 2005 - Limelite Lodge Conceptual PUD Ordinance #33, 2005 - 604 West Main Historic Lot Split Continue to 8/22 Resolution # 2005 - Aspen Art Museum Temporary Use Continue to 8/22 IX. Action Items Xl. Adjournment Next Regular Meeting August 22, 2005 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. Memorandum To-' From: Copy: Date: RE: Mayor Klanderud and City Council City of Aspen, CO Ed Sadler, Asset Manager Troy Rayburn, Project Manager Steve Barwick, City Manager 20 July 2005 Animal Shelter * Approval of Landscape Contract Introduction: The purpose of the memorandum is to seek Council approval of the attached Agreement for Professional Services for the Aspen / Pitkin County Animal Shelter and Boarding Kennel's landscape contract and its projected cost ($67,473.00). Background Information / Summary: Staff has worked diligently to secure a good landscape contractor at a reasonable price for the Animal Shelter and Boarding Kennel. We initially met and discussed options with the Aspen Parks Department to save cost. After exhausting the Parks Department as a resource, Staff actively sought proposals from three landscaping companies. Creative Nature's proposal is recommended to be selected based upon the previous work and their cost proposal. Please see attached. Creative Nature's proposal has been thoroughly vetted by the Design and Development Team and the County's Department of Community Development. The Team includes both representatives fi.om the Animal Shelter Board of Directors and its staff. Financial Implications: Creative Nature's proposal is for $67,473.00. This cost amount is down substantially fi.om the $115,000 landscape budget initially proposed in the Rudd Construction budget. Creative Nature's lower cost is a savings of $47,527. Upon entering this contract, the contract with Rudd Construction will be reduced by the $115,000 to remove the landscaping fi.om their contract. $115,000.00 - Line Item Cost - $ 67,473.00 Creative Nature's revised cost $ 47,527.00 - Savings Options: Deny the contract and leave the landscaping in the Rudd Contract at a cost orS115,000. Not performing the landscaping is not an option as it is part of the approved plan by the County. Or, accept Creative Nature's proposal. Action Requested / Next Steps: Staff respectfully requests that Council approve the attached Agreement for Professional Services and authorize the City Clerk to finalize corresponding resolution. Staff will initiate finalizing the Agreement with Creative Nature, LLC., upon Council's approval. City Manager's Comments: RESOLUTION (Series of 2005) A RESOLUTION APPROVING AN AGREEMENT (CONTRACT) FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF ASPEN, COLORADO, AND CREATIVE NATURE LLC., SETTING FORTH THE TERMS AND CONDITIONS REGARDING LANDSCAPING SERVICES AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Creative Nature LLC., a copy of which contract is attached hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves contract between the City of Aspen, Colorado, and Creative nature LLC., regarding landscape contracting, a copy of which is attached 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: Helen Kalin Klandemd, 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 Monday, 8 August 2005. Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Creative Nature LLC, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed fi-om 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 thJs agreement shall be completed no later than Friday, 14 October 2005. Upon request of the City, Professional shall subnfit, 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 manager for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $67,473.00 Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the Cky shall review the matter with Professional withfin ten days fi-om receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this contract is one for professional services and carmot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if author/zed, 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 subcontract2 The City shall not be obligated to pay or be liable for payment of any sums due which maybe due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefore, by giving notice, one month written notice, addressed to the other party, specify/ng the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all fimshed or unfi~shed documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the ~S1-971.doc Page 1 Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant 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 liabil/ty and loss in connection with, and shall assume full responsibility for payment of ali federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all habihty, 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 worlmaen'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 ~S1-971.doc Page 2 its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for'each accident, FIVE HUNDRED THOU- SAND 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 ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned veNcles 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. ~S1-971.doc Page 3 (c) The policy or pohcies 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 insur- ance, and any insurance can/ed by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be' canceled, terminated 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 ma'mtain policies provid'mg the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may Lmmediately tcm'nniate tins 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 aga'mst 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 th/s 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 tune to time amended, or otherwise available to City, its officers, or its employees. 10. CiW's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection dur/ng normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. ~S 1-971.doc Page 4 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Street Address /,,t~'~ City, State & Zip Code flc..~l etr 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrirffmation in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing 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 author/zing the Mayor (or a duly authorized official in his absence) to execute the same. 16. 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 understandimg except those as contained herein at the time of the execution hereof PS1-971.doc Page 5 and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This agreement shall be governed by the laws of the State of Colorado as from time to time in effect. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date hereinafter written. ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: WITNESSED BY: PROFESSIONAL: Company Name: C By: ~ Title: O6.~ e,,cr~ Dat : 9-/? -eg ~S1-971.doc Page 6 Discussion Items · The grading around the parking area needs to be pushed back to accommodate trees. This can be done by leaving space from the edge of asphalt to the retaining wall, or by building terraces to allow for planting. · The grading also needs to allow access to the top of the berms for trail use and topsoil spreading with a bobcat. · Irrigation will be temporary for the revegetafion areas on the berms. Permanent drip irrigation will be installed for the trees. · A 1%- 2' water tap will be necessary for the irrigation. A bacldlow preventer and installation is not included in this estimate, and is usually handled by the G.C. · Irrigation can be installed in the exercise areas, which would allow for easy washing of the pea gravel when ~ry. This is an optional item included in the estimate. · Mulch for the mulch trail around the property can be attained from the Pitkin County Landfill. tithe county can donate the mulch, it would reduce my costs to only trucking, machine time and labor. The mulch trail is optional and is included in the estimate. · Topsoil has been delivered to the site for the revegetafion areas. The price included in the estimate is the cost for spreading this material. This is assuming that it is ok to leave some rocks in the native sccded areas. I left the original cost of topsoil for the sod and perennial areas. Screened planters mix will need to be used in these areas. · Flagstone steps can be placed in front of the Cat Room window to allow people to approach from the outside. This would be a nice addition and is included as an option in the estimate. · A fencing contractor nccds to be contacted for bids and proposals for the exercise yard fence. The fence is not included in this contract. · Some of the plant material may not be available and can be substituted with approval. · The trees and shrubs in the exercise yard will not be guarantc.~ to live. They have been selected with survivability in mind. The ammonia created by the pets may become a problem over time. However, this is up for discussion, along with the fence size and location. · All other plant materials and work will be guaranteed for one year from the date of substantial completion. · What materials may be available through the parks depadment? · Should trees be donated to replace those, which I have specified in the contract, a planting and handling fee will be assessed in accordance to the size and transportation of the trees. Z MEMORANDUM TO: THRU: FROM: DATE: RE: Mayor and Council Lee Cassin, Environmental Health Director Jannette Murison, Senior Environmental Health Specialist August 2, 2005 Grant Contract Approval Request: Stormwater Treatment Project SUMMARY: The City of Aspen has virtually no stormwater treatment features in its runoff system. This means sediment, oil and grease, pesticides, and other pollutants enter the river from runoff without any treatment. Over the past two years, the Parks, Engineering and Environmental Health Departments have worked with an engineering consultant to design a stormwater treatment system for runoffgoing into Jenny Adair and Rio Grande Parks (which receive the most polluted runoff). The Environmental Health Department applied for and won a grant to pay for the first component of the stormwater treatment system to treat runoffin the Rio Grande Park area. The money will pay for a sediment removal vault that will remove 80% of the sediment and most of the oil and grease before it enters the river. The attached grant contract implements the agreement between the City of Aspen and the Colorado Department of Public Health and Environment (CDPHE) and lets us spend the money awarded in the grant. The city will receive $150,000 from CDPHE (enough for the purchase and installation of the sediment removal vault). This vault goes under the Rio Grande Recycling Center. Installing it in conjunction with the Obermeyer project will avoid having to tear up the area again later. The total amount of the grant is $319,220. The difference between the two numbers is the value of in-kind work staff will do (work which is or would be done this year anyway) and the in-kind donations by project partners, including Aspen Skiing Company and the Roaring Fork Conservancy. All of staff's time has been planned for in each participating department's budget. No additional costs to the city are anticipated. Detailed cost breakdowns are provided in Attachment A. Approval of this item on the August 8th consent calendar authorizes staffto receive and spend the stormwater treatment grant monies and commits the city to continuing monitoring, obtaining design drawings, and overseeing installation. (These city commitments are already budgeted and planned for in department work plans.) PREVIOUS COUNCIL ACTION: Council unanimously approved continued planning for the development of both the Rio Grande and Jenny Adair Stormwater Treatment Facilities in 2003/2004 at several worksessions. Copies of the earlier worksession memos have been provided to new council members. BACKGROUND: The City of Aspen has worked for many years developing a surface drainage master plan. The creation of the Rio Grande and Jenny Adair Storm Water Treatment Facilities is the highest priority area for treatment. However, to accomplish this will require formation of a stormwater utility and voter approval for the debt incurred if Council decides in the future to continue with this project. However the sediment removal vault is a stand-alone component, which will remove large amounts of sediment whether or not the city goes ahead with the entire stormwater treatment system By installing a sediment removal vault and connecting it to a series of existing ponds, running through the Rio Grand Park, the City will be able to start cleaning a significant portion of Aspen's urban runoff while working through the details and approvals of the larger system. According to City Engineer Nick Adeh, the vault will treat 1/3 of the rain and snowmelt going through Aspen's commercial core. In April of 2005, the City ofAspen's stormwater treatment grant project received approval by CDPHE and the Colorado Non-Point Source Council. On July 25, 2005, staff received word that the Environmental Protection Agency gave its final approval for the project. DISCUSSION: Water samples collected during runoffevents have shown very high total suspended solids (TSS), oil and grease, heavy metals, and other pollutants in the runoff. The graph in Attachment A shows the levels of sediments in Aspen's runoff compared to the national average. A 2004 study on the Upper Roaring Fork River indicated a low number of aquatic insect species and a degraded river system. Due to the non-diverse macroinvertebrate population, fish populations have suffered and limited the opportunities for quality fishing in Aspen. Many guide companies are taking clients at least 30 miles downstream for fishing. Several communities downstream from Aspen are dependent upon the quality and quantity of water in the river for drinking water and agricultural and recreational purposes. How Aspen impacts the river (positively or negatively) has a direct effect on the health of the river downstream. Thus, the rest of the communities along the Roaring Fork River have a greater watershed management challenge due to Aspen's current negative impact on the river. The main goal for this stormwater treatment project is to improve the health of the Roaring Fork River by annually removing 83,000 pounds of sediment from Aspen's urban runoff. Staff's evaluation of the unit and how best to maintain it, will provide an Operation and Maintenance plan that can be used by the City of Aspen and communities throughout Colorado for future stormwater projects. FINANCIAL IMPLICATIONS: Staff is asking Council to approve the grant contract for stormwater treatment, for the full amount of $319,220. The State will reimburse the City of Aspen $150,000 for the purchase and installation of the vault. The City is required to provide at least a 40% match. The actual estimated match is $169,220. $101,420 of it comes from city staff time already budgeted for this project. See attached budget form for details (Attachment B). This grant gives the city $150,000 for initial stormwater treatment of its urban runoff, improving the water quality in the Roaring Fork River.. RECOMMENDATION: Staffrecommends approval of this grant contract in an amount of $319,220, of which $150,000 is actual grant funds, and the rest is the city's match of time. ALTERNATIVES: The City could give up the grant and not install the sediment removal vault, or could install it in the future and pay the full cost. PROPOSED MOTION: I move to approve this grant contract in an amount of $319,220 for stormwater treatment project that will improve the water quality of Aspen's urban runoff. CITY MANAGER COMMENTS: ~m-~ ~ ON '~3 ~, 'T'~-~',; ~ , - ~ ~.. ~ ~% .~ .-~;',~-~ ~ -~- 0 0 o 0 o 0 o o mg/L TSS 0 o 0 o 0 0 0 o o o o 0 ~o© °~ ~ ~ g -n i Nonpoint Source/Section 319 Project Proposal City of Aspen: Stormwater Treatment - Phase One 2.0 Statement of Need 2.1 Project Water Quality Priority and Problem The City of Aspen, with a permanent population of approximately 6,000 and a peak population of 30,000, is located 25 miles from the Roaring Fork River headwaters and is located within the Roaring Fork Watershed. The Roaring Fork drains most of Pitkin County, flowing northwest to its confluence with the Colorado River at Glenwood Springs. It contributes more water to the Colorado River than any other stream in Colorado except for the Gunnison, yielding an average of almost 1,000,000 acre-feet per year. The Water Quality Control Commission's adopted water quality standards and classifications for the Roaring Fork River include Aquatic Life Class 1 Cold, Recreation Class la, Water Supply, and Agriculture. The Colorado Division of Wildlife designates the Roaring Fork as "Gold Medal" water fi.om the confluence with the Frying Pan River downstream to the Colorado River. The City of Aspen has conducted extensive work over the past nine years, developing a comprehensive stormwater management plan for the entire Aspen Mountain Drainage Basin, funded by developers in partnership with the City. This effort grew out of incidents in 1983 and 1984 when portions of Aspen Mountain began to move as a result of super-saturated soils. Subsequent mudslides in and near this area caused property damage and emphasized the extent to which sediments impact the river. Detailed engineering analysis has been completed by consulting engineers (WRC), documenting the amounts of sediment and flow generated in each sub-basin, determining the amounts of sediment and other pollutants expected to be removed, evaluating flood detention capabilities and designing treatment systems. It is important to note that the City has studied the impacts from Aspen Mountain and determined it is not a main source of sediment in the majority of Aspen's storm events. This is partly due to the work that the Aspen Skiing Company has done and continues to do on Aspen Mountain. Their work includes extensive revegetation projects (including portions &the mountain cleared decades ago for ski runs), detention ponds, swales and road monitoring and maintenance to prevent erosion and channeling, in an effort to reduce sediment discharging offthe mountain. The primary impact on the Roaring Fork River is from the physical loading of sediments. In Aspen's typical urban runoff, sources include dirt carried into town from rural areas and road shoulders, dirt from construction and remodeling projects, and winter street sand. Carried with the sediment are pollutants such as pesticides and fertilizers from manicured lawns and oils and grease from the roads. The City of Aspen has virtually no stormwater quality improvement features in its runoff system. A rapid bioassessment conducted in 2004 on the Upper Roaring Fork River indicated that Aspen's urban runoff is degrading the health of the river. Water samples collected during runoff events have shown high total suspended solids (TSS), oil and grease, heavy metals, and other pollutants in the runoff. Due to the lack of proper treatment, all of these pollutants are impacting the river and watershed. Aspen wants to take proactive measures, such as treatment and education, to improve its stormwater management, as well as prevent 303d listing of the Upper Roaring Fork River. The City plans to use innovative technology, including mechanical pretreatment sediment removal vaults designed with a swirl grit chamber, as part of its stormwater treatment. 2.3 See attached GIS maps showing location and size of water body 2.5 Data available on Water Quality Problem Extensive water quality monitoring has been conducted along the Roaring Fork River. Data collected by the Roaring Fork Conservancy and City of Aspen show suspended sediment levels higher than the national average during storm runoff events. In 2004, runoff from a storm event contained Total Suspended Solids concentrations of 3815 mg/l, compared to the United States average for urban runoff of 150 mg/l. Recent rapid bioassessment (2004) conducted along Aspen's section of the Roaring Fork River by the Stream Health Initiative, found significant embeddedness (cobbles embedded 35 to 50% with sand), sedimentation, and a degraded macroinvertebrate population and diminished aquatic habitat. Data collected by these groups indicate negative impacts from Aspen's stormwater runoff. See Appendix 1: Rapid Bioassessment Report. A baseline Pollution Tolerance Index will be conducted prior to installation of system to evaluate macroinvertebrate populations related to seasons. A river is a continuum. Aspen is at the headwaters of the Roaring Fork River and several communities downstream are dependent upon the quality and quantity of water in the river. How Aspen impacts the river (positively or negatively) has a direct effect on the health of the river downstream. Pollutants introduced from Aspen's untreated runoffaccumulate as water moves downstream. Thus, the rest of the communities along the Roaring Fork River have a greater watershed management challenge due to Aspen's negative impact on the river. Sediment is affecting the health of the river running through Aspen. Due to the degraded macroinvertebrate population, fish populations have been negatively impacted and fishing activities are minimal in Aspen. Guide companies are taking clients at least 30 miles downstream for fishing, effecting Aspen's recreational economy. 3.0 Project Description 3.1 Environmental and Programmatic Goals The City of Aspen has worked for many years developing a surface drainage master plan. It is the City's goal to have a system for stormwater management and treatment. The creation of the Rio Grande and Jenny Adair Storm Water Treatment Facilities is the first major component. However, to accomplish this will require formation ora stormwater utility and voter approval for the debt incurred by such a large capitol improvement. The stormwater utility will include areas beyond the city limits of Aspen that contribute sediment and runoff to the Roaring Fork River in Aspen. The City has just hired a consultant to provide a complete set of recommendations for this process, including exact district boundaries and detailed rate analyses. The City of Aspen Environmental Health Department is applying for in this 319 grant application to fund a small stormwater treatment facility that can be maintained with existing budgets once installed. By installing a mechanical pretreatment vault and coflnecting it to a series of existing ponds the City can begin cleaning a portion of Aspen's urban runoff while working through the details and approvals of the larger system. Also, the City would be able to use this small system as a demonstration tool to the community. It would show the benefits of funding a stormwater utility and stormwater treatment. Once voter approval is obtained, this project will easily integrate with the final treatment facilities that will treat the majority of Aspen's urban runoff. The environmental and programmatic goals of this 319 Nonpoint Source Stormwater Treatment Project are the following: Environmental Goal: To achieve reduced sedimentation, embeddedness and improve macroinvertebrate population in the section of the Roaring Fork River downstream of Aspen's east outfall treatment system (490 acres of the Aspen Mountain Drainage Basin) by removing 83,000 pounds of sediment per year. The City plans to utilize a mechanical pmtreatment sediment removal vault designed with a swirl grit chamber connected ~o existing ponds for the annual removal of 83,000 Pounds of sediment. Programmatic Goal: To provide an O&M Plan and evaluation document (70% TSS removal efficiency) on the swirl chamber sediment removal technology that can be utilized throughout Colorado, especially in mountain communities. 3.2 Objective/Tasks Environmental Goal's Objective/Tasks: Objective I: Remove 83,000 pounds of sediment annually from Aspen's east outflow system. Task 1: Complete final design of initial treatment section (the vault and connection to existing ponds). Product: Final design (in progress) Cost: $7,000 Task 2: Produce bid package, start bid process and select vendor Product: Construction contract and documents Cost: $3,000 ' Task 3: Install meqhanical pretreatment vault and connect to existing ponds. Product: Functioning stormwater treatment system that removes 83,000 pounds of sediment/year. Cost: $180,000 Task 4: Measure amounts of sediment removed from the mechanical pretreatment vault. Product: A report showing amounts of sediment removed from vault. Cost: $21,000 Objective 2: Determine whether decreased sediment loading from Aspen's urban runoffimproved sedimentation, embeddedness and macroinvertebrate population below Aspen's east outfall system. Task 5: Conduct annual rapid bioassessment, Pollution Tolerance Index and in-steam water quality test above and below Aspen's east outfall system. Product: River improvement Report. Cost: $14,100 Programmatic Goal's Objective/Tasks Objective 3: Develop an effective O&M plan for sediment removal vaults. Task 6: Monitor vault operations (sediment lex;els after storm and snowmelt events, cleanings, etc.) to optimize performance of vault. Product: O&M document Cost: $13,500 Objective 4: Evaluate the desired average removal efficiency of 70% TSS for the swirl chambered sediment removal vault. Task 7: Monitor TSS concentrations before and after vault during storm and snowmelt events. Product: Evaluation document of vault performance and TSS removal efficiency. Cost: $16,120 Administrative Tasks Task 8: Write and submit semi-annual progress reports to Colorado Department of Public Health and Environment (CDPHE). Product: Required grant progress reports Cost: $2,500 Task 9: Write and submit final report to CDPHE. Product: Required final grant report Cost: $2,000 3.3 Milestone Table (See Attached Table) 3.60&M of Stormwater Treatment System The stormwater treatment system is designed to treat mnoffup to a 2 year storm event. The system includes two components, the mechanical sediment removal pretreatment vault and its connection to two existing wet ponds. The vault is designed with a 70% TSS removal efficiency that utilizes: a swirl grit chamber to capture settleable solids, an oil chamber and baffle wall which traps floatables, and a flow control chamber to control water levels throughout a runoffevent. The wet ponds will function as additional sediment removal and polishing ponds. See Appendix 2: System Schematic. Installation of the sediment removal vault will improve the functioning of the wet ponds and greatly reduce the frequency with which they need to be cleaned. The ponds will be monitored and dredged on a routine basis as necessary to enhance their performance. Staff estimates that initial monitoring of the vault will be after each rain event resulting in 0.5 inches of precipitation or greater as well as after extensive snowmelt events. The "measuring stick" method for visual monitoring will be used to measure the level of sediment settled in chambers after the storm. TSS composite samples and flow measurements will be used to measure TSS removal efficiency. Frequent monitoring gives staff an opportunity to characterize the sediment loading for different types of storms, compare level of sediment in vault with TSS removal efficiency, and select the best cleaning schedule for the vault. The Street Department will do the cleaning of the vault. It is anticipated a minimum of two cleanouts per year will be required for optimum maintenance and efficiency. Although the City of Aspen sweeps its main streets as soon as they are dry throughout the winter, due to sanding applications in the winter, one of the cleanings will be scheduled during mid-winter. This will maximize sediment removal efficiency during the period of high and (usually) sustained runoff during spring snowmelt. Additional cleaning will be conducted if monitoring demonstrates a more frequent schedule is needed to ensure optimum performance of the system (average removal efficiency of 70% TSS). Volume (stick method) and density (scoop method) will be measured at time of cleaning to characterize thc sediment removed. After collecting the sediment, it will be taken to the City's sweeper/snow melt site to be dried and disposed at the Pitkin County landfill. Currently, street sweeping material is being disposed of in this manner. Existing staff in City departments can perform required cleaning and monitoring of the vault and existing ponds. 4.0 Coordination Plan 4.1 Lead Project Sponsor The City of Aspen has put together significant resources and studies to create this project as a way to improve water'quality for the entire river basin. This project is being coordinated by the City's Environmental Health Department. Together with other departments, they have designed this project to embody the City goal of environmental excellence. The City of Aspen has hired Water Resource Consultants Engineering as its design consultant and Black and Veatch as its stormwater rate consultant. The Aspen Skiing Company (ASC), Roaring Fork Conservancy (RFC), and the Stream Health Initiative have all partnered with the City on this project. The Aspen Ski Company contributes in the form of maintenance and monitoring of sediment/runoff controls (detention ponds, runoff swales, road maintenance to prevent channeling, etc.) on the Mountain as well as periodic revegetation projects on impaired slopes. The Roaring Fork Conservancy will conduct seasonal PTI and provide technical support. The Stream Health Initiative will conduct annual rapid bioassessment and technical support. (See Attachment for Letters of Intent) (Nol-- t t4c-t~ ~,~.~-~ IN Co~/,J~L- pA-~'x~ 4.2 Local Support for the Project The City of Aspen receives extremely high support from elected officials, citizens, the business community as well as environmental not for profits. The City of Aspen has had several public meetings on this project throughout its development and the design phase over a nine year period. The public attending these meetings gave unanimous support for the project. The City of Aspen will continue to work with the interested parties during the financial and construction phases. Aspen will continue outreach through public meetings, the media, as well as through one on one contacts to educate the public about nonpoint source pollution prevention. A key component for the protection of the Roarlng Fork River is the community. Aspen's citizens will be asked in the near future to approve a utility district that will bill them for this protection. Until the district is approved, the community's support is with their participation in our storm drain protection program. They are the City's watch dogs for illegal discharges into our storm drains. Several notices have been sent to illegal dischargers based on the information citizens have given us. Other education/enforcement programs like this will continue to be developed for the protection of the Roaring Fork River. 5.0 Evaluation and Monitoring Plan (See Attached Table) 5.2 Watershed Monitoring Strategy/GIS Map for BMPS and Priority Treatment Areas The City of Aspen has a history of monitoring the Roaring Fork River. As early as 1994, the City collected river samples and tested for elements associated with Magnesium Chloride. Over time, the City has revised its testing parameters based on deicers, impact assessments, and collaboration with the RFC monitoring programs. Currently, the City has focused more on storm and runoff event sampling. For watershed monitoring, City staff will continue to work with the Roaring Fork Conservancy and Stream Health Initiative for stream health monitoring. City staff will conduct 24 storm and snowmelt event TSS composite sampling at the vault and the system outfall as well as 12 in-stream dry event water quality testing throughout Aspen's section of the Roaring Fork River. Visual and physical monitoring techniques will be used to evaluate the mechanical pre-treatment vault and wet ponds outlined in the Section 3.6. Combining recorded flow data with TSS composite samples from storm and snowmelt runoff, with measurements of amounts of sediment removed when vaults are cleaned will provide two independent measures of the amount of sediment removed. Annual rapid bioassessments and seasonal PTIs will be used to evaluate if the health of the river has improved or not. See Appendix 2: Monitoring Map 6.0 Budget 6.1 Budget Table (See Attached Table) · 0 0 LU 0 LU I I I Drainage To: Jannette Murison, Senior Environmental Health Specialist City of Aspen, Environmental Health Department Assessment results from the Stream Health Initiative, regarding the condition of the Roaring Fork river through the City of Aspen, indicate that this reach is severely degraded. Historic and current development has channelized the entire reach. Commensurate with channelization has been the elimination of a functioning riparian zone with the removal of most native streambank vegetation. Loss of riparian and stream functions have resulted. Aspen's urban runoff, unfiltered by riparian vegetation, has severely impacted stream health. Consequences include increased nutrient loads from unfiltered runoff resulting in massive algal blooms 1 to 2 em in thickness that dominate stream biota. Sediment from road runoff has contributed to sedimentation on 30 to 40% of the stream bottom and pools filled with sediment. Channelization has increased stream energy in the downstream direction to result in downstream erosion and sedimentation, and degraded aquatic and terrestrial wildlife habitat. Aquatic wildlife values are severely degraded due to the dominance of periphyton, high embeddedness, and extensive sedimentation. Macroinvertebrate abundance and richness are severely diminished. American Dippers, whose presence and abundance are indicators of stream health, were absent from this reach. Terrestrial wildlife values that are provided by riparian corridors, especially migratory, breeding and refuge functions, have been severely compromised if not completely lost due to the eradication of a naturally vegetated riparian zone. Instream and riparian physical habitat conditions were evaluated using a modified version of the EPA's Rapid Bioassessment Protocol for use in Streams and Wadeable Rivers, and NRCS's Riparian Assessment developed in Montana. Macroinvertebrates and American Dippers (Cinclus mexicanus) were also surveyed as biological indicators. Assessment results found the following conditions in the Roaring Fork reach through Aspen: 1. Sedimentation and embeddedness Sediment affects 30% to 40% of the stream bottom, deposition in pools is prevalent, and there is a moderate amount of deposition of gravel and sand on point bars. Gravel and cobbie are 35% to 50% embedded with sand and sediment. Consequently, instream aquatic wildlife habitat potential is degraded. 2. Riparian zone degradation Except for a few very small sections, riparian habitat has been eliminated or its composition and structure has been greatly simplified. Consequently, riparian functions including wildlife habitat, energy dissipation, and pollutant buffering are greatly diminished. Less than 50% ofstreambank surfaces are covered by vegetation and only about 10% of that is native vegetation, the remainder of the banks have been armored. Vegetation quality, with regard to ability to hold onto soil and water is very low (3 on a scale of 1 to 10 with 10 being highest) due to the preponderance of manicured bluegrass lawns. Less than 10% of the riparian zone is dominated by riparian vegetation; only in these small areas are all age classes of woody riparian species present to enable maintenance and recovery from natural perturbations. 3. Charmelization Channelization is extensive with shoring structures present on both banks along 80% of the reach. Some energy dissipation does occur from instream boulders which provide an aspect of sinuosity to aid in energy absorption. Due to riparian zone alteration, including vegetation removal and habitat simplification, energy dissipation and sediment trapping functions are diminished. 4. Hydrologic alteration Hydrologic alteration due to withdrawals and upland development contributes greatly to riparian and stream degradation. A proliferation of roads and manicured lawns has altered the precipitation-infiltration regime. Runoff is increased due to impermeable surfaces and carries with it pollutants from road runoff including sediment. Upland development has resulted in the removal of native upland vegetation and also soil compaction which further increases runoff. Thus precipitation runs offquickly to create flooding flows that are "insf' downstream. Most of this runoff is unfiltered before entering the stream due to the elimination of most of the riparian zone. 5. Macroinvertebrate Sampling Macroinvertebrate sampling results indicate that the macroinvertebrate community throughout this reach is altered compared to the reference reach. Through this reach pollution intolerant taxa, particularly EPT taxa, decline in diversity and abundance, while the abundance of pollution tolerant individuals increases. Significantly, the overall abundance of macroinvertebratas decreases in this reach. Roaring Fork Segment 3, Reach 15: Due to the low number of taxa, abundance, and unusual assemblage of macroinvertebrates compared to reaches above and below this reach, numerous samplings were conducted at various location throughout the reach. Sampling I: Location - N 39 11.558/106 48.926. Above Mill Street storm water culvert and across from John Denver park Total number of taxa: 6 Ratio of pollution intolerant to faeultative to pollution tolerant individuals: 138:0:32 Ratio of pollution intolerant to facultative to pollution tolerant taxal 3:0:3 Sampling 2: Location - N 39 11.620/106 49.059. Below Art Park discharge and above Mill Street storm water culvert. Total number of taxa: 7 Ratio of pollution intolerant to facultative to pollution tolerant individuals: 72:1:44 Ratio of pollution intolerant to faeultative to pollution tolerant taxa: 5:1:1 Sampling 3: Location N39 11.708/W106 49.062.20 meters below Mill Street pedestrian bridge. Total number of taxa: 5 Ratio of pollution intolerant to faeultative to pollution tolerant individuals: 19:0:16 Ratio of pollution intolerant to faeultative to pollution tolerant taxa: 1:0:1 Sampling 4: Location N39 11.779/W106 49.251.20 meters above Hunter Creek confluence. Total number of taxa: 6 Ratio of pollution intolerant to faeultative to pollution tolerant individuals: 35:1:15 Ratio of pollution intolerant to faeultative to pollution tolerant taxa: 2:1:3 Roaring Fork Segment 3, Reach 4 (Reference Reach) Sampling Location: N39 08.605/W106 46.582 (Difficult Campground) Total number of taxa: 12 Ratio of pollution intolerant to faeultative to pollution tolerant individuals: 77:0:5 Ratio of pollution intolerant to facultative to pollution tolerant taxa: 10:0:2 %0£ jo l~Aomoa 0$~IOA* s,~tln~A s~u[ue*lO pue SlOAO1 luam[pos ql!,',x o.mdmoo pue sllnso.t ~u[Idm~s SSI ,',Xa!Aal:I '£ S~U!U~*I* pu~ suo!loodsu! 'SlUOAO Mourn uo spaoo~a u!~lU!~lA! 'i: SlUOAO i[OtUA~OUS OA!SUOlXO ~, tmOlS JolJg llnl~A u! SlOAOl lu~m!pos jo ~u!.~ol!uouI lgnS!A 'I IN,gO *AllO*jjo ul~ doloAOC[I [l*31no lsd* jo m,agtSUA~Op qlleOH m~a~l$ poAoJdml Z aA.qaa.fqo luom!pos podmnd q~!afiA '~ ~u!uuolo oaojoq (doo~s', Ll~suop pu~ (~tmls) ~mnlo~ o.ms~otu :~u!Jol!uom lIn~A ' [ mo:sxs ll*jmoI ls~o mo.~j luam~pos jo spunod 000'£R jo l~2omo}I I~nuuv[ aJns~aI4I/poqlaIA[ uo!l~nl*A~t ] ] SaABaa'fqo I loo.fozd luomluo~& ~OlUA~UnOIS s,uodsv JO LI!D ~oJ olq~£ UO!I~nlUA~t 0'gl RESOLUTION NO. ~ Series of 2005 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR GRANT FLrND1NG BETWEEN THE CITY OF ASPEN, COLORADO AND THE COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, AND AUTHORIZING THE CITY MANAGER OR MAYOR TO EXECUTE SAID DOCUMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been received by the City of Aspen a Contract between the City of Aspen and the Colorado Department of Public Health and Environment, 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 a Contract between the City of Aspen, Colorado and the Colorado Department of Public Health and Environment, a copy of which Contract is annexed hereto, and does hereby authorize the City Manager or Mayor of the City of Aspen to execute said Contract on behalf of the City of Aspen in substantially the form as appended hereto. Date: ., 2005. Helen Kalin Klandemd, 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 ,2005. Kathryn S. Koch, City Clerk THE PARTIES HERETO HAVE EXECUTED THIS CONTRACT CONTRACTOR: City of Aspen Legal Name of Contracting Entity Social Security Number or FEIN STATE OF COLORADO: BILL OWENS, GOVERNOR For Executive Director Department of Public Health and Environment Signature o f Authorized Officer Depamv~nt Program Approval: Print Name & Title of Authorized Officer By¸ GOVERNMENTAL ENTITLES: (An attestation and seal are required) Attest (Seal) By (Town/City/County Clerk or Equivalent) (Place government seal here) LEGAL REVIEW: COLORADO DEPARTMENT OF LAW OFFICE OF THE ATTORNEY GENERAL ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CPS 24-30~202 requires that the State Controller approve all state contracts. This contract is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for the goods and/or services provided. STATE CONTROLLER: Leslie M. Shenefelt Date CDPHE Version 1.0 (4/04) Page 17 of 17 Revi~ed: 4/1/04 STATE: DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ROUTING NO. 06 FAA 00061 INTERGOVERNMENT CONTRACT CONTRACTOR: State of Colorado for the use & benefit of the Department of Public Hea/th and Environment Water Quality Control Division, O&A Unit 4300 Cherry Creek Drive South Denver, CO 80246 CONTRACT MADE DATE: 07/29/2005 PO/SC ENCUMBERANCE NUMBER: PO FAA 06WQC00061 TERM: This contract shall be effective upon approval by the State Controller, or designee, or on 08/17/2005, whichever is later. The contract shall end on 07/31/2008. Grant Specified Vendor BiD/}U~/m=' PmCE ^cm~umr NU~3~ Not Applicable Not Applicable Bill McKee WQCD - Nonpoint Source Program 4300 Cherry Creek Drive South Denver, CO 80246 City of Aspen 130 South Galena Street Aspen, CO 81611 CONTILP, CTOR ENTITY TYPE: Colorado Political Subdivision 846000563 Monthly 40 CFR Parts 31&35 Subpart A $150,000.00 FEDERAL FUND1NG DOLLA]~: $150,000.00 $0 FY 06:$150,000.00 FY 07:$0 FY 08:$0 FY 09:$0 Cost Reimbursement Jannette Whitcomb City of Aspen 130 South Galena Street Aspen, CO 81611 This project will improve the health of the Roaring Fork River by annually removing 83,000 pounds of sediment from Aspen's urban runoff, provide an evaluation document on the swirl chamber sediment removal vault as well as an Operation and Maintenance plan that can be utilized by communities throughout Colorado, especially mountain communities. CDPHE Version 1.0 (4/04) Page 1 of 17 Revised: 4/1/04 The following exhibits are hereby incorporated: Exhibit A - Exhibit B - Exhibit C - Additional Provisions (and any of its Attachments; e.g., A-I, A-2, etc.) Statement of Work (and any of its Attachments; e.g., B-l, B-2, etc.) Limited Amendment Template COORDINATION: The State warrants that required approval, clearance and coordination has been accomplished from and with appropriate agencies. Section 29-1-203, C.R.S., as amended, encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperathag and contracting with each other to the fullest extent possible to provide any function, serv/ce, ot facility lawfully authorized to each of the cooperating or contracting entities. APPROVAL: In no event shall this contract be deemed valid until it shall have been approved by the State Controller or his/her designee. PROCUREMENT: All State of Colorado contracts with its political subdivisions and other governmental entities are exempt from the State of Colorado's personnel rules and procurement code. PRICE PROVISIONS: Payments pursuant to this contract shall be made as earned, in whole or in part, from available funds, encumbered for the purchase of the described services and/or deliverables. The liability of the State at any time for such payments shall be limited to the encumbered amount remaining of such funds. Authority exists in the laws and funds have been budgeted, appropriated and otherwise made available, and a sufficient unencumbered balance thereof remains available for payment. Financial obligations of the State of Colorado payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. CDPHE Version 1.0 (4/04) Page 2 of 17 Revised: 4/1/04 The following clauses apply to this contract. In some instances, these general clauses have been expanded upon in other sections/exhibits of/to this contract. To the extent that other provisions of the contract provide more specificity than these general clauses, the more specific provision shall control. Governmental Immunity. Notwithstanding any other provision to the contrary, no term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101 et.seq., CRS, as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligenco of the State of Colorado, its departments, institutions, agencies, boards, officials and employees is controlled and limited by the provisions of Section 24-10-101 et.seq., CRS and the risk management statutes, Section 24-30-1501, et. seq., CRS as now or hereatter amended. Federal Funds Contingency. Payment pursuant to this contract, if in federal funds, whether in whole or in part, is subject to and contingent upon the continuing availability of federal funds for the purposes hereof. In the event that said funds, or any part thereof, become unavailable, as determined by the State, the State may immediately terminate this contract or amend it accordingly without liability including liability for termination costs. Billing Procedures. The State shall establish billing procedures and requirements for payment due the Contractor in providing performance pursuant to this contract. The Contractor shall comply with the established billing procedures and requirements for submission of billing statements. The State shall comply with CRS 24- 30-202(24) when paying vendors upon receipt ora correct notice of the amount due for goods or services provided hereunder. Exhibits - Interpretation. Unless otherwise stated, all referenced exhibits are incorporated herein and made a part of this contract. Unless otherwise stated, the terms of this contract shall control over any conflicting terms in any of its exhibits. In the event of conflicts or inconsistencies between this contract and its exhibits or attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) the Special Provisions of this Contract; 2) the Additional Provisions Exhibit A and its attachments if included; 3) the Contract (other than the Special Provisions); 4) the RFP if applicable and attached; 5) the Scope/Statement of Work Exhibit B and its attachments if included; 6) the Contractor's proposal if applicable and attached; 7) other exhibits/attuchments in their order of appearance. The conditions, provisions, and terms of any RFP attached hereto, if applicable, establish the minimum standards of performance that the Contractor must meet under this Contract. If the Contractor's Proposal, if attached hereto, or any attachments or exhibits thereto, or the Scope/Statement of Work Exhibit B, establish or create standards of performance greater than those set forth in the RFP, then the Contractor shall also meet those standards of performance under this Contract. Notice and Representatives. For the purposes of this contract, the representative for each party is as designated herein. Any notice required or permitted may be delivered in person or sent by registered or certified mail, retum receipt requested, to the party at the address provided, and if sent by mail it is effective when posted in a U.S. Mail Depository with sufficient postage attached thereto. Notice of change of eddress or change or representative shall be treated as any other notice. Contractor Representations - Qualifications/Licenses/Approvals/Insurance. The Contractor certifies that, at the time of entering into this contract, it and its agents have currently in effect all necessary licenses, certifications, approvals, insurance, etc. required to properly provide the services and/or supplies covered by this contract in the state of Colorado. Proof of such licenses, certifications, approvals, insurance, etc. shall be provided upon the State's request. Any revocation, withdrawal or non-renewal of necessary license, CDPHE Version 1.0 (4/04) Page 3 of 17 Revised: 4/1/04 10. certification, approval, insurance, etc. required for the Contractor to properly perform this contract, shall be grounds for termination of this contract by the State. Contractor certifies that it is qualified to perform such services or provide such deliverables as delineated in this contract. Legal Authority. The Contractor warrants that it possesses the legal authority to enter into this contract and that it has taken all actions required by its procedures, by-laws, and/or applicable law to exercise that authority, and to lawfully authorize its undersigned signatory to execute this contract and bind the Contractor to its terms. The person(s) executing this contract on behalf of the Contractor warrant(s) that such person(s) have full authorization to execute this contract. Insurance - Contractor. The Contractor is a "public entity" within the meaning of the Colorado Governmental Immunity Act (CGIA), section 24-10-101, et seq., C.R.S., as amended. Therefore, at all times during the initial term of this Contract, and any renewals or extensions hereof, the Contractor shall maintain such liability insurance, by commercial policy or self-insurance, as is necessary to meet its liabilities under the CGIA. If requested by the State, the Contractor shall provide the State with written proof of such insurance coverage. Rights in Data, Documents and Computer Sof~vare or Other Intellectual Property. All intellectual property including without limitation, databases, sof~ware, documents, research, programs and codes, as well as all, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by the Contractor in the performance of its obligations under this contract shall be the exclusive property of the State. Unless otherwise stated, all such material shall be delivered to the State by the Contractor upon completion, termination, or cancellation of this contract. Contractor shall not use, willingly allow, or cause to have such materials used for any purpose other than the performance of the Contractor's obligations under this contract without the prior written consent of the State. All documentation, accompanying the intellectual property or otherwise, shall comply with the State requirements which include but is not limited to all documentation being in a paper, human readable format which is useable by one who is reasonably proficient in the given subject area. Sot~vare documentation shall be delivered by Contractor to the State that clearly identifies the programming language and version used, and when different programming languages are incorporated, identifies the interfaces between code programmed in different programming languages. The documentation shall contain source code which describes the program logic, relationship between any internal functions, and identifies the disk files which contain the various parts of the code. Files containing the source code shall be delivered and their significance to the program described in the documentation. The documentation shall describe error messages and the location in the source code, by page, line number, or other suitable identifier, where the error message is generated. The Contractor warrants that the delivered sofi~vare will be sufficiently descriptive to enable maintenance and modification of the software. The State's ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use the works. If any material is produced under this Contract and the parties hereto mutually agreed that said material could be copyrighted by Contractor or a third party, then the State, and any applicable federal funding entity, shall, without additional cost, have a paid in full, irrevocable, royalty free, and non-exclusive license to reproduce, publish, or otherwise use, and authorize others to use, the copyrightable material for any purpose authorized by the Copyright Law of the Untied States as now or hereafter enacted. Upon the written request of the State, the Contractor shall provide the State with three (3) copies of all such copyrightable material. Confidential or Proprietary Information. Subject to the Public (Open) Records Act, section 24-72-101, et seq., C.R.S., as amended, if the Contractor obtains access to any records, files, or other information of the State in connection with, or during the performance of, this Contract, then the Contractor shall keep all such records, files, or other information confidential and shall comply with all laws and regulations concerning the confidentiality of all such records, files, or information to the same extent as such laws and regulations apply to the State. Any breach of confidentiality by the Contractor, or third party agents of the Contractor, shall constitute good cause for the State to cancel this Contract, without liability to the State. CDPHE Version 1.0 (4/04) Page 4 of 17 Revised: 4/1/04 11. Any State waiver of an alleged breach of confidentiality by the Contractor, or third party agents of the Contractor, does not constitute a waiver of any subsequent breach by the Contractor, or third party agents of the Contractor. Contractor shall protect the confidentiality of all information used, held, created or received in connection with this Contract and shall insure that any subcontractors or agents of Contractor protect the confidentiality of all information under this Contract. Contractor shall use and disclose confidential information only for purposes of this Contract and for the operation and administration of the Contractor. Contractor shall implement appropriate safeguards as are necessary to prevent the use of disclosure of confidential information and shall maintain a comprehensive written information privacy and security program that includes administrative, technical and physical safeguards for the electronic transmission of confidential information which are appropriate to the size and complexity of the Contractor's operations and the nature and scope of its activities. Contractor shall promptly notify the State if Contractor breaches the confidentiality of any information covered by this Contract. The Contractor mast identify to the State the information that it considers confidential or proprietary. This is a continuing obligation. Confidential or proprietary information for the purpose of this paragraph is information relating to Contractor's research, development, trade secrets, business affairs, internal operations end management procedures and those of its customers, clients or affiliates, but does not include information lawfully obtained by third parties, information which is in the public domain, or information which is or could have been acquired/developed independently by the State or a third party. Notwithstanding the foregoing, the State shall not be in violation of its obligations under this section should it disclose confidential information if such disclosure is, in the sole opinion of the State's legal counsel, required by applicable law and/or legal process (including, but not limited to, disclosures required pursuant to the Colorado (Open) Public Records Act, sections 24-72-201, et. seq, C.R.S., as now or hereafter amended). The State shall endeavor to provide notice to the Contractor, as promptly as practicable under the circumstances, of any demand, request, subpoena, court order or other action requiring such disclosure, in order to afford Contractor the opportunity to take such lawful action as it deems appropriate to oppose, prevent or limit the disclosure, solely at its own instance and expense; but nothing herein shall be construed to require the State to refuse or delay compliance with any such law, order or demand. Records Maintenance, Performance Monitoring & Audits. The Contractor shall maintain a complete file of all records, documents, communications, and other materials that pertain to the operation of the program/project or the delivery of services under this contract. Such files shall be sufficient to properly reflect all direct and indirect costs of labor, materials, equipment, supplies and services, and other costs of whatever nature for which a contract payment was made. These records shall be maintained according to generally accepted accounting principles and shall be easily separable from other Contractor records. The Contractor shall protect the confidentiality of all records and other materials containing personally identifying information that are maintained in accordance with this contract. Except as provided by law, no information in possession of the Contractor about any individual constituent shall be disclosed in a form including identifying information without the prior written consent of the person in interest, a minor's parent, guardian, or the State. The Contractor shall have written policies governing access to, duplication and dissemination of, all such information and advise its agents, if any, that they are subject to these confidentiality requirements. The Contractor shall provide its agents, if any, with a copy or written explanation of these confidentiality requirements before access to confidential data is permitted. The Contractor authorizes the State, the federal government or their designee, to perform audits and/or inspections of its records, at any reasonable time during the term of this contract and for a period of six (6) years following the termination of this contract, to assure compliance with the state or federal government's terms and/or to evaluate the Contractor's performance. Any amounts the State paid improperly shall be immediately returned to the State or may be recovered in accordance with other remedies. All such records, documents, communications, and other materials shall be the property of the State unless otherwise specified herein and shall be maintained by the Contractor in a central location as custodian for the State on behalf of the State, for a period of six (6) years from the date of final payment or submission of the final federal expenditure report under this contract, unless the State requests that the records be retained for a longer period, or nntil an audit has been completed with the following qualification. If an audit by or CDPHE Version 1.0 (4/04) Page 5 of 17 Revised: 4/1/04 12. 13. 14. on behalf of the federal and/or state government has begun but is not completed at the end of the six (6) year period, or if audit findings have not been resolved afrer a six (6) year period, the materials shall be retained until the resolution of the audit findings. The Contractor shall permit the State, any other governmental agency authorized by law, or an authorized designee thereof, in its sole discretion, to monitor all activities conducted by the Contractor pursuant to the terms of this contract. Monitoring may consist of internal evaluation procedures, reexamination of program data, special analyses, on-site verification, formal audit examinations, or any other procedures as deemed reasonable and relevant. All such monitoring shall be performed in a manner that will not unduly interfere with contract work. Taxes. The State, as purchaser, is exempt from all federal excise taxes under Chapter 32 of the Internal Revenue Code [No. 84-730123K] and from all state and local government use taxes [C.R.S. 39- 26-114(a) and 203, as amended]. The Contractor is hereby notified that when materials are purchased for the benefit of the State, such exemptions apply except that in certain political subdivisions the vendor may be required to pay sales or use taxes even though the ultimate product or service is provided to the State. These sales or use taxes will not be reimbursed by the State. Conflict of Interast. During the term of this contract, the Contractor shall not engage in any business or personal activities or practices or maintain any relationships which conflict in any way with the Contractor fully performing his/her obligations under this contract. Additionally, the Contractor acknowledges that, in governmental contracting, even the appearance of a conflict of interest is harmful to the interests of the State. Thus, the Contractor agrees to refrain from any practices, activities or relationships which could reasonably be considered to be in conflict with the Contractor's fully performing his/her obligations to the State under the terms of this contract, without the prior written approval of the State. In the event that the Contractor is uncertain whether the appearance of a conflict of interest may reasonably exist, the Contractor shall submit to the State a full disclosure statement setting forth the relevant details for the State's consideration and direction. Failure to promptly submit a disclosure statement or to follow the State's direction in regard to the apparent conflict shall be grounds for termination of the contract. Further, the Contractor, and its subcontractors or subgrantees, shall maintain a written code of standards governing the performance of its employees engaged in the award and administration of contracts. No employee, officer, or agent of the Contractor, subcontractor, or subgrantee shall participate in the selection, or in thc award or administration of a contract or subcontract supported by Federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: a. The employee, officer or agent; b. Any member of the employee's immediate family; c. The employee's partner; or d. An organization which employees, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The Contractor's, subcontractor's, or subgrantee's officers, employees, or agents will neither solicit nor accept gratuities, favors, or anything of monetary value from Contractor's potential contractors, or parties to subagreements. Inspection and Acceptance (Services) and Contractor Warranty. The State reserves the right to inspect services provided under this contract at all reasonable times and places during the term of the contract. "Services" as used in this clause includes services performed or tangible material produced or delivered in the performance of services. If any of the services do not conform with contract requirements, the State may require the contractor to perform the services again in conformity with contract requirements, with no additional payment. When defects in the quality or quantity of service cannot be corrected by re- performance, the State may (1) require the contractor to take necessary action to ensure that the future performance conforms to contract requirements and (2) equitably reduce the payment due the contractor to CDPHE Version 1.0 (4/04) Page 6 of 17 Revised: 4/1/04 15. 16. reflect the reduced value of the services performed. These remedies in no way limit the remedies available to the State in the termination provisions of this contract, or remedies otherwise available at law. Contractor warrants that all supplies furnished under this contract shall be free from defects in materials or workmanship, are installed properly and in accordance with manufacturer recommendations or other industry standards, and will function in a failure-free manner for a period of one (1) year from the date of delivery or installation. Contractor shall, at its option, repair or replace any supplies that fail to satisfy this warranty during the warranty period. Additionally, Contractor agrees to assign to the State all written manufacturer warranties relating to the supplies and to deliver such written warranties to the State. &.~l'ustments in Price_. Adjustments to contract prices are allowable only so long as they are mutually agreeable by the parties and so long as they are included within a contract amendment made prior to the effective date of the price adjustments and made pursuant to the State of Colorado Fiscal Rules, signed by the parties, and approved by the State Controller or designee. The Contractor shall provide cost or pricing data for any price adjustment subject to the provisions of the Cost or Pricing Data Section of the Colorado State Procurement Rules. Any adjustment in contract price pursuant to the application ora clause in this contract shall be made in one or mom of the following ways: By agreement on a fixed-price adjustment; By unit prices specified in the contract; In such other manner as the parties may mutually agree; or In the absence of agreement between the parties, by a unilateral determination by the procurement officer of the costs attributable to the event or situation covered by the clause, plus appropriate profit or fee. Contract Renewal, Extension, and Modification. Limited Amendment. The State, with the concurrence of the Contractor, may prospectively renew or extend the term of this Contract, or increase or decrease the amount payable under this Contract through a "Limited Amendment" that is substantially similar to the sample form Limited Amendment that is incorporated heroin by this reference and identified as Exhibit C. To be effective, this Limited Amendment must be signed by the State and the Contractor, and be approved by the State Controller or an authorized delegate thereof. The parties understand that this Limited Amendment shall be used only for the following: II. III. To increase or decrease the level of funding during the current term of the Original Contract due to an increase or decrease in the amount of goods and/or level of services being provided based upon the existing Scope of Work and/or established pricing and/or established Budget/pricing; To revise specifications within the current Scope of Work and/or Budget that increase/decrease the level of funding during the current term of the Original Contract; To renew or extend the term of the contract with appropriate changes in the amount of funding that results in a new total financial obligation of the State based upon: (A) (B) the same Scope of Work and pricing, or revised specifications to the previously defined Scope of Work. IV. To make changes to the specifications to the original Scope of Work, project management/manager identification, notice address or notification personnel, or the period of performance, that result in"no cost" changes to the Budget. Upon proper execution and approval, this Limited Amendment shall become a formal amendment to this Contract. Other Contract Modifications. This contract is subject to such modifications as may be required by changes in Federal or State law, or their implementing regulations. Any such required CDPHE Version 1.0 (4/04) Page 7 of 17 Revised: 4/1/04 17. 18. 19. modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. If either the State or the Contractor desires to modify the terms and conditions of this Contract other than as provided for in paragraph 16.a above, then the parties shall execute a standard written amendment to this Contract initiated by the State. The standard written amendment must be executed and approved in accordance with all applicable laws and rules by all necessary parties including the State Controller or delegate. Litigation. The Contractor shall within five (5) calendar days after being served with a summons, complaint, or other pleading which has been filed in any federal or state court or administrative agency notify the State that it is a party defendant in a case which involves services provided under this contract. The Contractor shall deliver copies of such document(s) to the State's Executive Director. The term "litigation" includes an assignment for the benefit of creditors, and filings in bankruptcy, reorganization and/or foreclosure. Notice of Breach and Dispute Resolution: If the State or the Contractor believes in good faith that the other party has failed to timely complete a deliverable, or has otherwise committed a material breach of this Contract, then the non-breaching party shall notify the breaching party in writing of the alleged breach within ten (10) business days of: 1) the date of the alleged breach if the non-breaching party is aware of the breach at the time it occurs; or 2) the date that the non-breaching party becomes aware of the breach. Upon receipt of written notice of an alleged breach of the Contract, the breaching party shall have ten (10) business days, or such additional time as may be agreed to in writing between the parties, within which to cure the alleged breach or to notify the non-breaching party in writing of the breaching party's belief that a material breach of this Contract has not occurred. Failure of the breaching party to cure or respond in writing within the above time period shall result in the non-breaching party being entitled to pursue any and all remedies available at law or in equity. Except as herein specifically provided otherwise, disputes concerning the performance of this contract . which cannot be resolved by the designated contract representatives shall be referred in writing to a senior departmental management staffdesignated by the department and a senior manager designated by the Contractor. Failing resolution at that level, disputes shall be presented in writing to the Executive Director and the Contractor's chief executive officer for resolution. This process is not intended to supersede any other process for the resolution of controversies provided by law. The Contractor and its sureties shall be liable for any damage to the State resulting from the Contractor's breach, whether or not the Contractor's right to proceed with the work is terminated. The State reserves the right, in its sole discretion, to determine whether or not to accept substituted performance tendered by the Contractor or the Contractor's sureties and acceptance is dependent upon completion of all applicable inspection procedures. Remedies: In addition to any other remedies provided for in this contract, and without limiting its remedies otherwise available at law, the State may exercise the following remedial actions if the Contractor substantially fails to satisfy or perform the duties and ob igations in this contract. Substantial fa. ilure to satisfy the duties and obligations shall be defined to mean significant insufficient, incorrect or improper performance, activities, or inaction by the Contractor. Without limitation, these remedial actions include: a. withhold payment to Contractor until the necessary services or corrections in performance are satisfactorily completed; and/or b. require the vendor to take necessary action to ensure that the future performance conforms to contract requirements; and/or c. request the removal from work on the contract of employees or agents of Contractor whom the State justifies as being incompetent, careless, insubordinate, unsuitable, or otherwise unacceptable, or whose continued employment on the contract the State deems to be contrary to the public interest or not in the best interest of the State; and/or d. deny payment for those services or obligations which have not been performed and which due to circumstances caused by Contractor cannot be performed, or if perfurmed would be of no value to CDPHE Version 1.0 (4/04) Page 8 of 17 Revised: 4/1/04 20. the State; denial of the amount of payment must be reasonably related to the value of work or performance lost to the State; and/or suspend Contractor's performance pending necessary corrective action as specified by the State without Contractor's entitlement to adjustment in price/cost or schedule; and/or modify or recover payments (from payments under this contract or other contracts between the State and the vendor as a debt due to the State) to correct an error due to omission, error, fraud and/or defalcation; and/or terminate the contract. These remedies in no way limit the remedies available to the State in the termination provisions of this contract, or remedies otherwise available at law. Termination. Termination for Default. The State may terminate the contract for cause. In the event this contract is terminated for cause, the State will only reimburse the Contractor for accepted work or deliverables received up to the date of termination. In the event this contract is terminated for cause, final payment to the Contractor may be withheld at the discretion of the State until completion of final audit. Notwithstanding the above, the Contractor shall not be relieved of liability to the State for any damages sustained by the State by virtue of any breach of the contract by the Contractor, and the State may withhold any payment to the Contractor for the purposes of mitigating its damages until such time as the exact amount of damages due to the State from the Contractor is determined. If it is determined that the Contractor was not in default then such termination shall be treated as a termination for convenience as described herein. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the contractor under this contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive jast and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payment advanced under the provisions of this contract. Termination for Convenience. The State shall have the right to terminate this contract at any time the State determines necessary by giving the Contractor at least twenty (20) calendar days prior written notice. If notice is so given, this contract shall terminate on the expiration of the specified time period, and the liability of the parties hereunder for further performance of the terms of this contract shall thereupon cease, but the parties shall not be released from the duty to perform their obligations up to the date of termination. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the contractor under this contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory services and supplies delivered. In the event that the State terminates this contract under the Termination for Convenience provisions, the Contractor is entitled to submit a termination claim within ten (10) days of the effective date of termination. The termination claim shall address and the State shall consider paying the following costs: III. IV. V. the contract price for performance of work, which is accepted by the State, up to the effective date of the termination; reasonable and necessary costs incurred in preparing to perform the terminated portion of the contract; reasonable profit on the completed but undelivered work up to the date of termination; the costs of settling claims arising out of the termination of subcontracts or orders, not to exceed 30 days pay for each subcontractor; reasonable accounting, legal, clerical, and other costs arising out of the termination settlement. CDPHE Version 1.0 (4/04) Page 9 of 17 Revised: 4/1/04 21. 22. 23. In no event shall reimbursement under this clause exceed the contract amount reduced by amounts previously paid by the State to the Contractor. c. Immediate Termination. This contract is subject to immediate termination by the State in the event that the State determines that the health, safety, or welfare of persons receiving services may be in jeopardy. Additionally, the State may immediately terminate this contract upon verifying that the Contractor has engaged in or is about to participate in fraudulent or other illegal acts. ~top Work Order. Upon written approval by the State Procurement Officer or delegee, the State may, by written order to the Contractor, at any time, and without notice to any surety, require the Contractor to stop all or any part of the work called for by this contract. This order shall be for a specified period after the order is delivered to the Contractor. Any such order shall be identified specifically as a stop work order issued pursuant to this clause. Upon receipt of such an order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurring of costs allocable to the work covered by the order during the period of work stoppage. Before the stop work order expires, as legally extended, the State Procurement Officer or delegee shall either: a. Cancel the stop work order; or b. Terminate the work covered by such order; or c. Terminate the contract. Ifa stop work order issued under this clause is properly canceled, the Contractor shall have the right to resume work. An appropriate adjustment shall be made in the delivery schedule or contract price, or both, and the contract shall be modified accordingly in writing pursuant to the terms of this contract dealing with contract modifications, if: a. The stop work order results in increased time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract; and b. The Contractor asserts claim for such an adjustment within thirty (30) days a~er the end of the period of work stoppage. If the work covered by such order is terminated for default or convenience, the reasonable costs resulting from the stop work order shall be allowed by adjustment or otherwise and such adjustment shall be in accordance with the Price Adjustment Clause of this contract. Venue. The parties agree that exclusive venue for any action related to performance of this contract shall be in the City and County of Denver, Colorado. ~Understanding of the Parties. a. Complete Integration. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. b. Severabilit'/. To the extent that this contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. c. Binding Agreement. Except as herein specifically provided otherwise, it is expressly understood and agreed that this contract shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. All rights of action relating to enforcement of the terms and conditions shall be strictly reserved to the State and the named Contractor. Nothing contained CDPHE Version 1.0 (4/04) Page 10 of 17 Revised: 4/1/04 in this agreement shall give or allow any claim or right of action whatsoever by any other third person. It is the express intention of the State and the Contractor that any such person or entity, other than the State or the Contractor, receiving services or benefits under this agreement shall be deemed an incidental beneficiary only. Waiver. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. Continuing Obligations. The State and the Contractor's obligations under this contract shall survive following termination or expiration to the extent necessary to give effect to the intent and understanding of the parties. Assignment and Change In Ownership, Address, Financial Status. Except as herein specifically provided otherwise, the rights, duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, subgranted or subcontracted except with the express prior written consent of the State, which consent shah not be unreasonably withheld. In the case of assignment or delegation, Contractor and the State shall execute the standard State novation agreement prior to the assignment or delegation being effective against the State. The subgrants and subcontracts permitted by the State shall be subject to the requirements of this contract. The Contractor is responsible for all subcontracting arrangements, delivery of services, and performance of any subgrantor or subcontractor. The Contractor warrants and agrees that any subgrant or subcontract, resulting from its performance under the terms and conditions of this contract, shall include a provision that the said subgrantnr or subcontractor shall abide by the terms and conditions hereofi Also, the Contractor warrants and agrees that all subgrants or subcontracts shall include a provision that the subgrantor or subcontractor shall indemnify and hold harmless the State. The subgrantors or subcontractors must be certified to work on any equipment for which their services are obtained. This provision shall not be construed to prohibit assignments of the right to payment to the extent permitted by section 4-9-318, CRS, provided that written notice of assignment adequate to identify the rights assigned is received by the controller for the agency, department, or institution executing this contract. Such assignment shall not be deemed valid until receipt by such controller - as distinguished from the State Controller - and the Contractor assumes the risk that such written notice of assignment is received by the controller for the agency, department, or institution involved. The Contractor is required to formally notify the State prior to, or if circumstances do no allow prior notification then immediately following, any of the following: 1. change in ownership; II. change of address; III. the filing of bankruptcy. Force Maieure. Neither the Contractor nor the State shall be liable to the other for any delay in, or failure of performance of, any covenant or promise contained in this contract, nor shall any delay or failure constitute default or give rise to any liability for damages if, and only to the extent that, such delay or failure is caused by "fome majeure." As used in this contract "force majeure" means acts of God; acts of the public enemy; acts of the State and any governmental entity in its sovereign or contmctaal capacity; fires; floods, epidemics; quarantine restrictions, strikes or other labor disputes; freight embargoes; or unusually severe weather. Changes In Law. This contract is subject to such modifications as may be required by changes in applicable federal or State law, or their implementing rules, regulations, or procedures. Any such requlmd modification shall automatically be incorporated into and be part of this contract on the effective date of such change as if fully set forth herein. Except as provided above, no modification of this contract shall be effective unless agreed to in writing by both parties in the CDPHE Version 1.0 (4/04) Page 11 of 17 Revised: 4/1/04 24. form of a written amendment to this Contract that has been previously executed and approved in accordance with applicable law. i. Media or Public Announcements. Unless otherwise provided for in this Contract, the Contractor shall not make any news release, publicity statement, or other public announcement, either in written or oral form, that concerns the work provided under this Contract, without the prior written approval of the State. The Contractor shall submit a written request for approval to the State no less than ten (10) business days before the proposed date of publication. The State shall not unreasonably withhold approval of the Contractor's written request to publish. Approval or denial of the Contractor's request by the State, shall be delivered to the Contractor in writing within six (6) business days from the date of the State's receipt of Cuntractor's request for approval. If required by the terms and conditions of a federal or state grant, the Contractor shall obtain the prior approval of the State and all necessary third parties prior to publishing any materials produced under this Contract. If required by the terms and conditions ora federal or state grant, the Contractor shall also credit the State and all necessary third parties with assisting in the publication of any materials produced under this Contract. It shall be the obligation of the Contractor to inquire of the State as to whether these requirements exist and obtain written notification from the State as Contractor deems appropriate. Intellectual Indemnity, Contractor shall defend, at its sole expense, any claim(s) or suit(s) brought against the State alleging that the use by the State of any product(s), or any part thereof, supplied by Contractor under this agreement constitutes infringement of any patent, copyright, trademark, or other proprietary rights, provided that the State gives Contractor written notice within twenty (20) days of receipt by the State of such notice of such claim or suit, provides assistance and cooperation to Contractor in connection with such action, and Contractor has sole authority to defend or settle the claim. Contractor shall consult the State regarding such defense and the State may, at its discretion and expense, participate in any defense. Should the State not choose to participate, Contractor shall keep the State advised of any settlement or defense. Contractor shall have liability for all such claims or suits, except as expressly provided herein, and shall indemnifif the State for all liability incurred by the State as a result of such infringement. Contractor shall pay all reasonable out-of-pocket costs and expenses, and damages finally awarded by a court of competent jurisdiction, awarded or agreed to by Contractor regarding such claims or suits. If the product(s), or any part thereof, become the subject of any claim, suit or proceeding for infringement of any patent, trademark or copyright, or in the event of any adjudication that the product(s), or any part thereof, infringes any patent, trademark or copyright, or if the sub-license or use of the product(s), or any part thereof, is enjoined, Contractor, after consultation with the State, shall do one of the following at Contractor's expense: a. produce for the State the right under such patent, trademark or copyright to use or sub-license, as appropriate, the product or such part thereof; or b. replace the product(s), or part thereof, with other suitable products or parts conforming to the original license and State specifications; or c. suitably modify the products, or part thereof. Except as otherwise expressly provided herein, Contractor shall not be liable for any costs or expenses incurred without its prior written authorization. Contractor shall have no obligation to defend against or to pay any costs, damages or attorney's fees with respect to any claim based upon: a. the use of an altered release if Contractor had not consented to the alteration; or b. the combination, operation or use of the product(s) with programs or data which were not furnished by Contractor, if such infringement would have been avoided if the programs or data CDPHE Version 1.0 (4/04) Page 12 of 17 Revised: 4/1/04 25. 26. furnished by persons or entities other than Contractor had not been combined, operated or used with the product(s); or the use of product(s) on or in connection with equipment or software not permitted under this contract if such infringement would have been avoided by not using the product(s) on or in connection with such other equipment or software. Conformance with Law. If this Contract involves federal funds or compliance is otherwise federally mandated, the Contractor and its agent(s) shall at all times during the term of this contract strictly adhere to all applicable federal laws, state laws, Executive Orders and implementing regulations as they currently exist and may hereafter be amended. Without limitation, these federal laws and regulations include: Office of Management and Budget Circulars A-21, A-87, A-102, A-110, A-122, A-133, and The Common Rule for Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, as applicable; the "Hatch Act" (5 U.S.C. 1501-1508) and Public Law 95-454, Section 4728. These federal statutes declare that federal funds cannot be used for partisan political purposes of any kind by any person or organization involved in the administration of federally-assisted programs; the "Davis-Bacon Act" (40 U.S.C. 276A-276A-5). This federal Act requires that all laborers and mechanics employed by contractors or subcontractors to work on construction projects financed by federal assistance must be paid wages not less than those established for the locality of the project by the Secretary of Labor; 42 U.S.C. 6101 e_tseq., 42 U.S.C. 2000d, 29 U.S.C. 794. These federal Acts mandate that no person shall, on the grounds of race, color, national origin, age, or disability, be excluded from participation in or be subjected to discrimination in any program or activity funded, in whole or in part, by federal funds; the "Americans with Disabilities Act" (Public Law 101-336; 42 U.S.C. 12101, 12102, 12111 - 12117, 12131 - 12134, 12141 - 12150, 12161 - 12165, 12181 - 12189, 12201 - 12213 and47 U.S.C. 225 and 47 U.S.C. 611); if the Contractor is acquiring an interest in real property and displacing households or businesses in the performance of this Contract, then the Contractor is in compliance with the "Uniform Relocation Assistance and Real Property Acquisition Policies Act", as amended, (Public Law 91- 646, as amended, and Public Law 100-17, 101 Stat. 246 - 256); when applicable, the Contractor shall comply with the provisions of the "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments" (Common Rule); Section 2101 of the Federal Acquisition Streamlining Act of 1994, Public Law 103-355, which prohibits the use of federal money to lobby the legislative body of a political subdivision of a State; and If the Contractor is a covered entity under the Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. 1320d - 1320d-8, the Contractor shall comply with applicable HIPAA requirements. If Contractor is a business associate under HIPAA, Contractor hereby agrees to, and has an affirmative duty to, execute the State's current HIPAA Business Associate Agreement. In this case, Contractor must contact the State's representative and request a copy of the Business Associate Agreement, complete the agreement, have it signed by an authorized representative of the Contractor, and deliver it to the State. Contractor Affirmation. If this Contract involves federal funds or compliance is otherwise federally mandated, then by signing and submitting this Contract the Contractor affirmatively avers that: the Contractor is in compliance with the requirements of the "Drug-Free Workplace Act" (Public Law 100-690 Title V, Subtitle D, 41 U.S.C. 701 et seq.); the Contractor is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; the Contractor shall to comply with all applicable regulations pursuant to Executive Order 12549, including, Debarment and Suspension and Participants' Responsibilities, 29 C.F.R. 98.510 (1990); and, CDPHE Version 1.0 (4/04) Page 13 of 17 Revised: 4/1/04 27. 28. c. the Contractor shall comply with all applicable regulations pursuant to Section 319 of Public Law 101 - 121, Guidance for New Restrictions on Lobbying, including, Certification and Disclosure, 29 C.F.R. 93.110(1990). Annual Audits. If the Contractor expends federal funds from all sources (direct or from pass-through entities) in an amount of $500,000 or more during its fiscal year, then the Contractor shall have an audit of that fiscal year in accordance with Office of Management and Budget (OMB) Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations). If the Contractor expends federal funds received from the State in an amount of $500,000 or more during its fiscal year, then the Contractor shall furnish one (1) copy of the audit report(s) to the State's lnternal Audit Office within thirty (30) calendar days after the Contractor's receipt of its auditor's report or nine (9) months after the end of the Contractor's audit period, whichever is earlier. If(an) instance(s) of noncompliance with federal laws and regulations occurs, then the Contractor shall take all appropriate corrective action(s) within six (6) months of the issuance of (a) report(s). If the Contractor submits an annual indirect cost proposal to the State for review and approval, then the Contactor's auditor shall audit the proposal in accordance with the requirements of OMB Circulars A-21 (Cost Principles for Educational Institutions), A-87 (Cost Principles for State, Local, and Tribal Governments), or A-122 (Cost Principles for Non-Profit Organizations), whichever is applicable. Holdover. In the event that the State desires to continue the services provided for in this Contract and a replacement contract has not been fully executed by the expiration date of the Contract, this Contract may be extended unilaterally by the State for a period of up to two (2) months upon written notice to the Contractor under the same terms and conditions of the original Contract including, but not limited to, prices, rates, and service delivery requirements. However, this extension terminates when the replacement contract becomes effective when signed by the State Controller or an authorized delegate. CDPHE Version 1.0 (4/04) Page 14 of 17 Revised: 4/1/04 STATE OF COLORADO SPECIAL PROVISIONS (For Use with Inter-Governmental Contracts Only) CONTROLLER'S APPROVAL. CRS 24-30-202 (1) This contract shall not be deemed valid until it has been approved by the Controller of the State of Colurado or such assistant as he may designate. 2. FUND AVAILABILITY. CRS 24-30-202 (5.5) Financial obligations of the State of Colorado payable aider the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 3. INDEMNIFICATION. To the extent authorized by law, the contractor shall indemnify, save, and hold harmless the State against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the Contractor, or its employees, agents, subcontractors, or assignees pursuant to the terms of this contract. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions for the parties, of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. or the Federal Tort Claims Act, 28 U.S.C. 2671 et seq. as applicable, as now or herea~er amended. 4. INDEPENDENT CONTRACTOR. 4 CCR 801-2 THE CONTRACTOR SHALL PERFORM ITS DUTIES HEKEUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE. NEITHER THE CONTRACTOR NOR ANY AGENT OR EMPLOYEE OF THE CONTRACTOR SHALL BE OR SHALL BE DEEMED TO BE AN AGENT OR EMPLOYEE OF THE STATE. CONTRACTOR SHALL PAY WHEN DUE ALL REQU1P, ED EMPLOYMENT TAXES AND INCOME TAX AND LOCAL HEAD TAX ON ANY MONIES PAID BY THE STATE PURSUANT TO THIS CONTRACT. CONTRACTOR ACKNOWLEDGES THAT THE CONTRACTOR AND ITS EMPLOYEES AKE NOT ENTITLED TO UNEMPLOYMENT INSURANCE BENEFITS UNLESS THE CONTRACTOR OR THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE STATE DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. CONTRACTOR SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE STATE TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING EXCEPT AS EXPRESSLY SET FORTH HEREIN. CONTRACTOR SHALL PROVIDE AND KEEP IN FORCE WORKEP.3' COMPENSATION (AND PROVIDE PROOF OF SUCH INSURANCE WHEN REQUESTED BY THE STATE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN THE AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CONTRACTOR, ITS EMPLOYEES AND AGENTS. 5. NON-DISCRIMINATION. The contractor agrees to comply with the letter and the spirit of all applicable state and federal laws respecting discrimination and unfair employment practices. 6. CHOICE OF LAW. The laws of the State of Colorado and rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this contract. Any provision of this contract, whether or not incorporated herein by reference, which provides for arbitration by any extra-judicial body or person or which is otherwise in conflict with said laws, rules, and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enfomeable or available in any action at law whether by way of complaint, defense, or CDPHE Version 1.0 (4/04) Page 15 of 17 Revised: 4/1/04 otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this contract to the extent that the contract is capable of execution. At all times during the performance of this contract, the Contractor shall strictly adhere to all applicable federal and State laws, rules, and regulations that have been or may hereafter be established. 7. SOFTWARE PIRACY PROHIBITION Governor's Executive Order D 002 00 No State or other public funds payable under this Contract shall be used for the acquisition, operation, or maintenance of computer sofo~are in violation of United States copyright laws or applicable licensing restrictions. The Contractor hereby certifies that, for the term of this Contract and any extensions, the Contractor has in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that the Contractor is in violation of this paragraph, the State may exercise any remedy available at law or equity or under this Contract, including, without limitation, immediate termination of the Contract and any remedy consistent with United States copyright laws or applicable licensing restrictions. 8. EMPLOYEE FINANCIAL INTEREST. CRS 24-18-201 & CRS 24-50-507 The signatories aver that to their knowledge, no employee of the State of Colorado has any personal or beneficial interest whatsoever in the service or property described herein. Effective Da~e: April 1, 2004 CDPHE Version 1.0 (4/04) Page 16 of 17 Revised: 4/1/04 EXHIBIT A ADDITIONAL PROVISIONS To Contract Dated 07/29/2005 - Contract Routing Number 06 FAA 00061 These provisions are to be read and interpreted in conjunction with the provisions of the contract specified above. This contract contains federal funds (see Catalog of Federal Domestic Assistance (CFDA) number 66.460). The United State Environmental Protection Agency ("USEPA"), has awarded federal funds under Notice of Cooperative Agreement Award, hereinafter "NCAA", number C999818605-0~ to implement approved Clean Water Act Section 319 nonpoint source management activities. The State has formulated a comprehensive State plan, with associated budgets, to disburse these funds throughout the state of Colorado. Under this comprehensive State plan, the State shall allocate these funds to qualified entities to provide water quality benefits to the citizens of the state &Colorado on behalf of the State. If the underlying Notice of Cooperative Agreement Award "NCAA" authorizes the State to pay all allowable and allocable expenses ora contractor as &the effective date of that NCAA, then the State shall reimburse the Contractor for any allowable and allocable expenses of the Contractor that have been incurred by the Contractor since the proposed effective date of this Contract. ffthe underlying NCAA does not authorize the State to pay all allowable and allocable expenses ora contractor as of the effective date of that NCAA, then the State shall only reimburse the Contractor for those allowable and allocable expenses of the Contractor that are incurred by the Contractor on or after the effective date of this Contract, with such effective date being the later of the date specified in this contract or the date the contract is signed by the State Controller or delegee. To receive compensation under this Contract, the Contractor shall submit a signed monthly Invoice/Cost Reimbursement Statement. A sample Invoice/Cost Reimbursement Statement is attached hereto as Attachment A-1 and incorporated herein by this reference. An Invoice/Cost Reimbursement Statement must be submitted within sixty (60) calendar days of the end of the billing period for which services were rendered. Expenditures shall be in accordance with Exhibit B, Statement of Work. These items may include, but are not limited to, the Contractor's salaries, fringe benefits, supplies, travel, operating, indirect costs which are allowable, and other allocable expenses related to its performance under this Contract. Invoice/Cost Reimbursement Statements shall: 1) reference this Contract by its contract routing number, which number is located on page one of this Contract; 2) state the applicable performance dates; 3) state the names &payees; 4) include a brief description of the services performed during the relevant performance dates; 5) describe the incurred expenditures if reimbursement is allowed and requested; and, 6) show the total requested payment. Payment during the initial, and any renewal or extension, term of this Contract shall be conditioned upon affirmation by the State that all services were rendered by the Contractor in accordance with the terms of this Contract. Invoice/Cost Reimbursement Statements shall be sent to: Bill McKee Water Quality Control Division Nonpoint Source Program Colorado Department &Public Health and Environment WQCD-B2 4300 Cherry Creek Drive South Denver, CO 80246 To be considered for payment, billings for payments pursuant to this Contract must be received within a reasonable time after the period for which payment is requested; but in no event no later than sixty (60) calendar days after the relevant performance period has passed. Final billings under this Contract must be received by the State within a reasonable time after the expiration or termination &this Contract; but in no event no later than sixty (60) calendar days from the effective expiration or termination date of this Contract. To be attached to CDPHE Page 1 of 4 Revised: 4/1/04 Version !.0 (4/04) contract template EXHIBIT A 10. Unless otherwise provided for in this Contract, "Local Match" shall be included on all billing statements, in the column provided therefore, as required by the funding source. The Contractor shall not use federal funds to satisfy federal cost sharing and matching requirements unless approved in writing by the appropriate federal agency. Time Limit For Acceptance Of Deliverables. a. Evaluation Period. The State shall have thirty 00) calendar days from the date a deliverable is delivered to the State by the Contractor to evaluate that deliverable, except for those deliverables that have a different time negotiated by the State and the Contractor. b. Notice of Defect. If the State believes in good faith that a deliverable fails to meet the design specifications for that particular deliverable, or is otherwise deficient, then the State shall notify the Contractor of the failure or deficiencies, in writing, within ten (10) calendar days off 1) the date the deliverable is delivered to the State by the Contractor if the State is aware of the failure or deficiency at the time of delivery; or 2) the date the State becomes aware of the failure or deficiency. The above time frame shall apply to all deliverables except for those deliverables that have a different time negotiated by the State and the Contractor in writing pursuant to the State's fiscal rules. c. rime to Correct Defect. Upon receipt of timely written notice of an objection to a completed deliverable, the Contractor shall have a reasonable period of time, not to exceed sixty (60) calendar days, to correct the noted deficiencies. Health Insurance Portability and Accountability Act (HIPAA) Business Associate Determination. The State has determined that this contract does not constitute a Business Associate relationship under Health Insurance Portability and Accountability Act (HIPAA). Scope of Servicas: The Contractor shall do, perform, and carry out, in a timely and satisfactory manner, as determined in good faith by the State, all the work elements identified in this contract's Exhibit B "Statement of Work", which is incorporated herein by this reference. All the work elements shall be completed in accordance with the time frames stated in Exhibit B. Time of Performance: The services to be performed by the Contractor under this Contract shall commence as soon as practicable al~er the execution of this Contract and shall be undertaken in such a sequence to ensure the completion of this Contract by 07/31/2008. Matchin~ions: The Contractor agrees to provide a matching contribution of at least one hundred thousand dollars {$100,00.00].. Matching contributions may be provided as cash or in-kind services, and may include contributions from other project partners. Contributions from other federal sources are not considered eligible match. Responsible Proiect Director: The Contractor's performance of the services required hereander shall be under the direct supervision of Jannette Whitcomb who is hereby designated as the Contractor's Project Director for this Contract. If, at any time during the term of this Contract, the Contractor's named Project Director is not assigned to this Contract, then the Contractor shall immediately notify the State in writing and all work under this Contract shall be suspended until a new Project Director, acceptable to the State, has been assigned by the Contractor to this Contract. Six Month Progress Status Reports: During the term of this Contract, or any renewal or extension thereof, the Contractor shall submit to the State six (6) month progress status reports detailing all activities which the Contractor has completed under this Contract for the previous six (6) month period. These activities shall include, at a minimum, a summary of scheduled and completed tasks, problems encountered, and budget expenditure versus time spent on the project. Reports are due to the State by March 15 and To be attached to CDPHE Version 1.0 (4/04) contract template Page 2 of 4 Revised: 4/1/04 EXHIBIT A 11. 12. 13. 15. 16. 17. 18. 19. September 15 each year. Reports shall be submitted electronically to the extent possible. Printed reports shall be submitted on recycled paper. Final Reports: A final report summarizing all the activities completed and all the project costs incurred by the Contractor is required at the conclusion of all planned activities, the format of which is incorporated heroin by this reference, made part hereof, and attached hereto as Attachment A-2. The final report shall be submitted in draR form to the State for approval. Once approval is obtained, the contractor may publish and distribute final report as appropriate, including providing at least three (3) copies to the State. Reports shall be submitted electronically to the extent possible. Printed reports shall be submitted on recycled paper. Final Payment: The State shall hold at least five percent (5%) of the total obligation of the State as the final payment. Final payment will be made upon approval of the final report bythe State. Minority Business Enterprises and Women's Business Enterprises: If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a Minority Business Enterprise ("MBE") or a Women's Business Enterprise ("WBE"), then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. The Contractor shall adopt the "fair share" goal associated with the grant identified in 2., which is a minimum six and one-tenth percent (6.1%) fair share goal for the utilization of Minority Business Enterprises (MBEs) and a minimum six and six-tenths percent (6.6%) fair share goal for the utilization of Women's Business Enterprises (WBEs) by contractors and subcontractors for supplies, construction, services or equipment. The Contractor shall demonstrate that, prior to the award of any subcontract(s) for project work under this Contract, affirmative steps have been taken, as identified in 40 CFR 30.44(b). If, at any time during the term of this Contract, or any renewal or extension thereof, the Contractor awards any subcontract(s) under this Contract to a DBE, then the Contractor shall complete and submit an EPA Form 5700-52A "MBE/WBE Utilization under Federal Grants, Cooperative Agreements, and Interagency Agreements" to the State within thirty (30) calendar days of the date each award is made. Matching Requirements: Match requirements shall be documented in accordance with 40 C.F.R., Part 31 and Office of Management and Budget Circular A-87, as currently promulgated. Public Information: When issuing statements, press releases, requests for proposals, bid solicitations, or any other documents describing the activities funded under this Contract, the Contractor shall clearly state on those documents the percentage of the total cost of the project which is financed with federal funds. Also, the Contractor shall include the Colorado Department of Public Health and Environment in the credits on all public information and educational products that are developed under this contract. Permits and Surveys: Contractor shall ensure that all necessary permits (such as Clean Water Act Section 404) are received or surveys completed (such an Endangered Species Act or Historic Preservation Act) prior to implementation of any funded activity which may fall under these or other applicable laws. Copies of any biological survey results, where a survey is necessary under Endangered Species Act shall be forwarded to the State. Contractor shall provide copies of all permits upon request of the State. Hotel and Motel Fire Safety Act: The Contractor shall ensure that any conference, meeting, convention, or training space funded in whole or in part with Federal funds comply with the Hotel and Motel Fire Safety Act of 1990. Collection of Environmental Data: All environmental data collected with federal funds shall be submitted to the State in such electronic format as may be prescribed by the State for inclusion in the Environmental Protection Agency Storage and Retrieval (STORET) database. To be attached to CDPHE Page 3 of 4 Revised: 4/1/04 Version 1.0 (4/04) contract template EXHIBIT A 20. 21. 22. 23. Sample and Analysis Plans: The collection of environmental data with federal funds shall not commence until a project-specific sample and analysis plan has been approved by the State. Sample and analysis plans must be submitted to the State for approval at least eight (8) weeks prior to the start of sample collection. Endangered Species Act Biologic Evaluation: The Contractor shall ensure that all on-the-ground best management practices implemented with federal funds are in compliance with the provisions of the programmatic biologic evaluation completed by the Environmental Protection Agency under Endangered Species Act Section 7 Consultation. The Contractor shall ensure that site-specific biologic evaluations are conducted prior to the implementation of best management practices, as necessary. Waste Prevention and Recycled Materials: The Contractor shall use recycled paper for all reports which are prepared as part of this contract. This requirement does not apply to reports prepared on forms supplied to the Environmental Protection Agency of to "Standard Forms" which are available through the General Services Administration. Oe~on and Maintenance: The Contractor shall assure the continued proper operation and maintenance of all nonpoint source management practices that have been implemented as part &this agreement, unless a particular practice did not function as planned. Such practices shall be operated and maintained for an appropriate number of years in accordance with commonly accepted standards. Contractor shall assure similar provisions are included in any sub-agreements that result from this agreement. Revised:4/1/04 To be attached to CDPHE Page 4 of 4 Version 1.0 (4/04) contxact template FINAL PROJECT REPORT FORMAT- Watershed Projects - Attachment A-2 SECTION 319 NONPOINT SOURCE POLLUTION CONTROL PROGRAM WATERSHED PROJECT FINAL REPORT (Project Title Here) by (Author and Project Sponsor Here) (Date Here) This project was conducted in cooperation with the State of Environmental Protection Agency, Region 8. Grant # and the United States FINAL PROJECT REPORT FORMAT - Watershed Projects EXECUTIVE SUMMARY PROJECT TITLE PROJECT START DATE. FUNDING: TOTAL BUDGET TOTAL EPA GRANT TOTAL EXPENDITURES OF EPA FUNDS TOTAL SECTION 319 MATCH ACCRUED BUDGET REVISIONS TOTAL EXPENDITURES PROJECT COMPLETION DATE SUMMARY ACCOMPLISHMENTS FINAL PROJECT REPORT FORMAT - Watershed Projects TABLEOFCONTENTS PAGE EXECUTIVE SUMMARY ........................................................................................................................ INTRODUCTION ...................................................................................................................................... PROJECT GOALS, OBJECTIVES, AND ACTIVITIES .......................................................................... PLANNED AND ACTUAL MILESTONES, PRODUCTS AND COMPLETION DATES ............. EVALUATION OF GOAL ACHIEVEMENT AND RELATIONSHIP TO THE STATE NPS MANAGEMENT PLAN ............................................................................................................ SUPPLEMENTAL INFORMATION ................................................................................................. BEST MANAGEMENT PRACTICES DEVELOPED AND/OR REVISED ............................................ MONITORING RESULTS ........................................................................................................................ BMP EFFECTIVENESS EVALUATIONS ........................................................................................ SURFACE WATER IMPROVEMENTS ........................................................................................... CHEMICAL ................................................................................................................................. BIOLOGICAL ............................................................................................................................. PHYSICAL/HABITAT ................................................................................................................ GROUND WATER IMPROVEMENTS ............................................................................................ METALS ...................................................................................................................................... CHEMISTRY ............................................................................................................................... NUTRIENTS ............................................................................................................................... OTHER MONITORING ..................................................................................................................... QUALITY ASSURANCE REPORTING ........................................................................................... RESULTS OF BMP OPERATION AND MAINTENANCE REVIEWS .......................................... COORDINATION EFFORTS ................................................................................................................... COORDINATION FROM OTHER STATE AGENCIES .................................................................. OTHER STATE ENVIRONMENTAL PROGRAM COORDINATION ........................................... FEDERAL COORDINATION ........................................................................................................... USDA PROGRAMS (E.G. ENVIRONMENTAL QUALITY INCENTIVES PROGRAM (EQ1P), HYDROLOGIC UNIT FUNDING, BUFFER INITIATIVE, CONSERVATION RESERVE PROGRAM ...................................................................................... ACCOMPLISHMENTS OF AGENCY COORDINATION MEETINGS .......................................... RESOURCES/COORDINATION FROM FEDERAL LAND MANAGEMENT AGENCIES ......... OTHER SOURCES OF FUNDS ......................................................................................................... 3 FINAL PROJECT REPORT FORMAT - Watershed Projects TABLE OF CONTENTS (CONTINUED) PAGE SUMMARY OF PUBLIC PARTICIPATION ........................................................................................... ASPECTS OF THE PROJECT THAT DID NOT WORK WELL ............................................................ FUTURE ACTIVITY RECOMMENDATIONS ....................................................................................... LITERATURE CITED LIST OF TABLES ..................................................................................................................................... LIST OF FIGURES .................................................................................................................................... LIST OF APPENDICES, IF NOT PREVIOUSLY PROVIDED TO EPA (INCLUDING MONITORING DATA BASE, AND WRITTEN OUTPUTS SUCH AS BROCHURES, NEWSLETTERS, PARTICIPANT SURVEYS, AND MONITORING REPORTS) ......................... EXHIBIT B STATEMENT OF WORK To Contract Dated 07/29/2005 - Contract Routing Number 06 FAA 00061 These provisions are to be read and interpreted in conj unction with the provisions of the contract specified above. FEDERAL AWARD FISCAL YEAR: 2005 PROJECT TITLE: City of Aspen Stormwater Treatment Project NAME: Jannette Whitcomb, City of Aspen Environmental Health Specialist, Senior ADDRESS: 130 South Galena Street, Aspen, CO 81611 PHONE: 970-920-5069 FAX: 970-920-5074 EMAIL: jannette~ci.aspen.co.us NPS Category of Pollution: NPS Functional Category of Activity: 4000 Urban Runoff/Stormwater 011 BMP Design/Implementation 012 BMP Performance Assessment 019 Sediment Control WATERSHED NAME: Roaring Fork River - Upper Colorado Basin HYDROLOGIC UNIT CODE (HUC): 14010004 Latitude: 39 Degrees 11 Minutes Longitude: 106 Degrees 49 Minutes Ecoregion: 2100 Southern Rockies Waterbody Type(s): Rivers/Streams Pollutant Type: 1100 Sedimentation TMDL DEVELOPMENT? NO TMDL IMPLEMENTATION? NO TMDL PRIORITY (High, Medium, Low): N/A FY 31901) FUNDS REQUESTED (base): $150,000 MATCHING FUNDS: $169,220 (note: minimum match required is $100,000.00; contractor anticipates additional match above the minimum) BUDGET319 TOTAL: $319,220 319(h) Funded Full Time Personnel: None GOALS: The main goals for this project are to improve the health of the Roaring Fork River by annually removing 83,000 pounds of sediment from Aspen's urban runoff and provide an evaluation document to CDPHE on the swirl chamber sediment removal vault as well as an Operation and Maintenance plan that can be utilized by communities throughout Colorado, especially mountain communities. PROJECT DESCRIPTION: One swirl chambered mechanical pretreatment vault will be installed and connected to two existing wet ponds for the removal of sediments and other pollutants. This system will treat runoffcoming fi'om 490 acres of the Aspen Mountain Drainage Basin, of which approximately 98 acres are impervious. The City of Aspen wants to take proactive measures, such as treatment and education, to improve its stormwater management, as well as prevent 303d listing of the Upper Roaring Fork River. Staff will monitor the removal efficiency, operation and maintenance of the vault to evaluate the usefulness and efficiency of the swirl chambered removal system. Staff will monitor stream health to see if improvements were made with sedimentation, embeddedness and the macroinvertebrate population in Aspen's section of the Roaring Fork River. The following monitoring techniques will be used: composite TSS sampling, visual & physical vault checks with extensive record keeping, Rapid Bioassessment, Pollution Tolerance Index, and in-stream water quality sampling. To be attached to CDPHE Page 1 of 2 Revised: 411104 Version 1.0 (4/04) contract template EXHIBIT B Objectives Product Start/End * Budget- Budget - 319 Funds Match 1. Design, bid and install a Annually remove 83,000 August 17, $150,000 $121,000 mechanical pretreatment pounds of sediment 2005 -July vault to remove sediment 31, 2008 from city stormwater runoff. 2: Determine whether Annual rapid August 17, $14,100 decreased sediment loading bioassessmant, Pollution 2005 - July from Aspen's urban runoff Tolerance Index and in- 31, 2008 improved aquatic habitat steam water quality testing (sedimentation, in the Roaring Fork River embeddedness and above and below Aspen's macroinvertebrate east outfall population) in the Roaring Fork River below Aspen's east outfall system. 3. Develop an effective Operations and Maintenance October 1, $13,500 operation and maintenance Document 2005 - July document for swirl chambered 31, 2008 sediment removal vaults at high elevations. 4. Evaluate vault's average Vault Evaluation Document October 1, $16,120 expected removal efficiency of 2005 - July 70% TSS 31, 2008 5. Efficiently update CDPHE Semi-annual reports September 15, $4500 on progress of the City of Final Report 2005 - July Aspen's 319 grant project. 31, 2008 Totals $150,000 $168,200 *Actual start date is dependent upon approval of the State Controller To be attached to CDPHE Page 2 of 2 Revised: 4/1/04 Version 1.0 (4/04) contract template EXHIBIT C DEPARTMENT OR AGENCY NAME COLORADO DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT (ADD PROGRAM NAME HERE) DEPARTMENT OR AGENCY NUMBER CONTRACT ROUTING NUMBER LIMITED AMENDMENT #* This Limited Amendment is made this **** day of*********, ~200', by and between the State of Colorado, acting by and through the DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT, whose address or principal place of business is 4300 Cherry Creek Drive South~ Denver~ Colorado 80246 hereinafter referred to as the "State"; and, LEGAL NAME OF ENTITY, (legal type of entity), whose address or principal place of business is Street Address~ City~ State & Zip Code~ hereinafter referred to as the "Contractor". FACTUAL RECITALS The parties entered into a contract dated ******** **~ ****, with contract encumbrance number PO *** **********, and contract routing number ** *** *****, whereby the Contractor was to provide to the State the following: [briefly describe what the Contractor was to do under the original contract - indent this paragraphl IPlease choose one of the following four options and then delete this heading and the other three options not selected:] The State promises to ]choose one and delete the other]increase/decrease the amount of funds to be paid to the Contractor by ********** Dollars. ($*.**) during the current term of the Original Contract in exchange for the promise &the Contractor to perform the [choose one and delete the otherlincreased/deereased work under the Original Contract. The State promises to pay the Contractor the sum of********** Dollars, ($*.**) in exchange for the promise of the Contractor to continue to perform the work identified in the Original Contract for the renewal term of **** years/months, ending on ******** **, **** The State promises to [choose one and delete the other]increase/decrease the amount of funds to be paid to the Contractor by ********** Dollars, ($*.**) for the renewal term of**** Ichoose one and delete the otherlyears/months, ending on ******** *% ****, in exchange for the promise of the Contractor to perform the Ichoose one and delete the otherlincreased/decreased specifications to thc Scope of Work described herein. The State hereby exercises a "no cost" change to the [insert those that apply and delete those that don't[budget, specifications within the Scope of Work, project management/manager identification, notice address or notification personnel, or performance period within the Ichoose one and delete the other[current term of the Original Contract or renewal term of the Original Contract. NOW THEREFORE, in consideration of their mutual promises to each other, stated below, the parties hereto agree as follows: Consideration for this Limited Amendment to the Original Contract consists of the payments and services that shall be made pursuant to this Limited Amendment, and promises and agreements herein set forth. It is expressly agreed to by the parties that this Limited Amendment is supplemental to the original Page 1 of 4 contract, contract routing number *~' *** *****, [insert the following language here if previous amendment(s), change order(s), renewal(s) have been processed[as amended by linclude all previous amendment(s), change order(s), renewal(s) and their routing numbers[, [insert the following word here if previous amendment(s), change order(s), renewal(s) have been processed[collectively referred to herein as the Original Contract, which is by this reference incorporated herein. All terms, conditions, and provisions thereof, unless specifically modified herein, are to apply to this Limited Amendment as though they were expressly rewritten, incorporated, and included herein. It is expressly agreed to by the parties that the Original Contract is and shall be modified, altered, and changed in the following respects only: A. I Use this paragraph when changes to the funding level of the Original Contract occur during the current term of the Original ContractIThis Limited Amendment is issued pursuant to paragraph *. *. of the Original Contract identified by contract routing number ** * * * * * ** *. This Limited Amendment is for the current term of********* *% ****-, through and including · ******** **~ ****. The maximum amount payable by the State for the work to be performed by the Contractor during this current term is [choose one and delete the other[increased/decreased by ********** Dollars, ($*.**) for an amended total financial obligation of the State of********** DOLLARS, (~;*.**). Idelete any portion of this sentence that is not applicablelThe revised specifications to the original Scope of Work and the revised Budget, if any, are incorporated herein by this reference and identified as "Attachment *" and "Attachment *". The first sentence in paragraph *. *. of the Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffirmed. A. IUse this paragraph when the Original Contract will be renewed for another term]This Limited Amendment is issued pursuant to paragraph *. *. of the Original Contract identified by contract routing number ** *** *****. This Limited Amendment is for the renewal term of · ******** ** ****, through and including ********* **~ ****' The maximum amount payable by the State four the work to be performed by the Contractor during this renewal term is · ********* Dollars, [$*.**) for an amended total financial obligation of the State of.********** ~. This is an [choose one and delete the otherlincrease/decrease of · ********* Dollars~ ($*.**) of the amount payable from the previous term. Idelete any portion of this sentence that is not applicable]The revised specifications to the original Scope of Work and revised Budget, if any, for this renewal term are incorporated herein by this reference and identified as "Attachment *" and "Attachment *". The first sentence in paragraph *. *. of the Original Contract is modified accordingly. All other terms and conditions of the Original Contract are reaffirmed. A. IUse this paragraph when there are "no cost changes" to the Budget, the specifications within the original Scope of Work, allowable contract provisions as noted, or performance period.]This Limited Amendment is issued pursuant to paragraph *. *. of the Original Contract identified by contract routing number ** *** *****. This Limited Amendment [choose those that apply and delete those that don't[modifies the Budget in [identify location in contract[, modifies the specifications to the Scope of Work in [identify location in contract[, modifies the project management/manager identification in [identify location in contract], modifies the notice address or notification personnel in [identify location in contract[, modifies the period of performance in [identify location in contractl ofthe Original Contract. The revised [choose those that apply and delete those that don'tlBudget, specifications to the original Scope of Work, project management/manager identification, notice address or notification personnel, or period of performance is incorporated herein by this reference and identified as "Attachment *". All other terms and conditions of the Original Contract are reaffirmed. The effective date of this Amendment is date, or upon approval of the State Controller, or an authorized delegale thereof, whichever is later. Excepl for the General Provisions and Special Provisions of the Original Contract, in the event of any Page 2 of 4 EXHIBIT C conflict, inconsistency, variance, or contradiction between the terms and provisions of this Amendment and any &the terms and provisions of the Original Contract, the terms and provisions of this Amendment shall in all respects supersede, govern, and control. The Special Provisions shall always control over other provisions of the Original Contract or any subsequent amendments thereto. The representations in the Special Provisions to the Original Contract concerning the absence &personal interest of state of Colorado employees is presently reaffirmed. 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. Page 3 of 4 IN WITNESS WHEREOF, the parties hereto have executed this Form Amendment on the day first above written. CONTRACTOR: STATE: [LEGAL NAME OF CONTRACTOR] (legal type of entity) STATE OF COLORADO Bill Owens, Governor By: Name: Title: FEIN: By: For the Executive Director DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT ATTEST: If the Contractor is a corporation or governmental entity, then an attestation is required. PROGRAM APPROVAL: By: (Seal, if available.) City, City and County, County, Special District, or Town Clerk or Equivalent Corporate Secretary or Equivalent IDelete htapplicable language. I ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS 24-30-202 requires that the State Controller approve all state contracts. This limited amendment is not valid until the State Controller, or such assistant as he may delegate, has signed it. The contractor is not authorized to begin performance until the contract is signed and dated below. If performance begins prior to the date below, the State of Colorado may not be obligated to pay for goods and/or services provided. STATE CONTROLLER Leslie M. Shenefelt By: Date: Form: LAT 7-1-04GN Page 4 of 4 Nemor~udum lhe e~ ofgspen e~elflee TO: FROM: DATE: RE: Mayor and Members of Council John P. Worcester August 8, 2005 Resolution Calling for a Special Municipal Election on November 1, 2005 Attached for your consideration and review is a resolution that, if adopted, calls for a special municipal election to be held on November 1, 2005. Council and staff have discussed placing before the voters at the forthcoming "odd-year" November election a certain ballot question relating to retaining property taxes in excess of those permitted by the TABOR amendment to the Colorado Constitution. The attached resolution merely schedules the special election and instructs the City Clerk to notify the County Clerk of the City's intentions so that any ballot question Council chooses to refer can appear on the ballot of the November election. The actual language of the ballot question(s) can be drafted and sent to the County Clerk no later than September 2, 2005. Action Requested: A motion to approve Resolution No.~, Series of 2005, on the Consent Agenda. City Manager's Comments: cc: City Manager RESOLUTION NO. (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, CALLING FOR AND ESTABLISHING A DATE FOR A SPECIAL MUNICIPAL ELECTION TO BE CONDUCTED ON NOVEMBER 1, 2005. WHEREAS, Section 2.2 of the Home Rule Charter of the City of Aspen provides that a special municipal election may be called by resolution or ordinance of the City Council at least sixty (60) days in advance of such election; and WHEREAS, the City Council desires to place before the Aspen electorate one or more ballot questions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. A special municipal election shall be and is hereby called and established for Tuesday, November 1, 2005, for the purpose of submitting to the electorate certain ballot questions to be determined by the City Council at a future date. S_Section 2.. Pursuant to Ordinance No. 31, Series of 1996, the November 1, 2005, Special Election shall be a coordinated election and shall be conducted in accordance with the Uniform Election Code of 1992, as amended. The City Clerk shall take all steps necessary to negotiate with the Pitkin County Clerk and Recorder for the preparation of an intergovernmental agreement in accordance with Section 1-7-116, C.R.S., concerning the conduct of the coordinated election; and, to take all other reasonable steps necessary to conduct the November 1, 2005, Special Election according to law. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2005. Helen Kalin Klanderud 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 on the day hereinabove stated. Helen Kalin Klandemd JPW- saved: 7/25/2005.33243:\john\word\resos\elect-spec'114)5.doc To: City Council _ ? From: Ed Sadler, Asst. City Manager cC~/ Subject: Stormwater Rate Development Contract Date: July 26, 2005 SUMMARY: Attached is a contract with AMEC of Lakewood, CO, to perform the rate analysis work for a possible stormwater utility program for the City of Aspen. The City of Aspen although having some staff with utility rate experience, has no one on staff with experience in developing rates and different rate structures for review by Council. The company being recommended has extensive rate development experience and has available rate information from a variety of sources that can be used in developing rate possibilities for the City of Aspen. The proposed contract is in two parts. The first part is for a total of $25,170 for AMEC to develop options for City Council to review in January 2006. Upon Council approval, the contract would provide for an additional $96,220 that during the ensuing year would be used to finalize a rate plan for the City. Funding for this study would be provided from a stormwater fund which would be set up with seed money from the Water Fund. Should Council proceed with setting up a stormwater program, this money would be repaid to the Water Fund. DISCUSSION: This project got its start several years ago with the Top of Mill project, when the developers were required to fund a drainage study, through the City of Aspen, for Aspen Mountain. From that study came a plan to handle stormwater runoff through the core area of town. That study was presented to the citizens at various public meetings for their comments. The study was subsequently presented to City Council. Since that time, a variety of City Agencies have worked together to develop a more all encompassing drainage master plan for the City. This plan has involved Parks, Engineering, Environmental Health, Streets, Asset Management, Water and the Sanitation District. With the City Staff available, the most comprehensive plan and cost estimates were developed for Council's review. The biggest question was how this plan would affect local residents on a tax basis if it were to be implemented. There are a variety of options for funding such a project and Council authorized the City to seek bids for such a study. Bids went out, Black and Veatch of Denver was selected by staff, and the company made a presentation to Council which Council approved. Before a contract could be signed, key individuals from Black and Veatch left the firm and went out on their own. The City was then unable to reach an agreement with either party on awarding a contract, and so the City readvertised the project. Three firms responded to the request for proposals: Black and Veatch, URS and AMEC. Proposed prices for the project ranged from $81,010 for URS, to $148,920 for Black and Veatch, with AMEC coming in at $121,390. Staff believes that the proposal by AMEC is the most thorough and complete for the price and they demonstrated the most experience in developing rates in similar geographical areas (westem mountain), as opposed to others whose main experience appeared to be in the central plains and Great Lakes regions. This is important in at least examining the different factors contributing to runoff and therefore developing the basis for the rates. Some history on stormwater regulations may be helpful at this point. Since the late 1980's, the federal Environmental Protection Agency was systematically implementing a stormwater management program on a nationwide basis. The largest of the metropolitan areas were the first to be required to implement stormwater management plans. From there, smaller cities were then also required to comply with the regulations. It was just a matter of time before the regulations applied to cities the size of Aspen. Thus began the planning by the City of Aspen to address stormwater on a comprehensive basis. Recently, the change of administration on the national level has resulted in EPA focusing their attentions on other issues and the smaller cities have not been pressured to comply with the stormwater regulations. Aspen City Council however made the decision that addressing stormwater was the correct thing to do from an environmental standpoint. The plan for stormwater really is made up of several parts. The two largest parts are the collection and treatment, with the collection being potentially the most expensive. The treatment for the Aspen Mountain drainage has preliminarily been given the go ahead from City Council. The treatment is to be accomplished by a series of vaults (one of which has received state funding and is on your agenda tonight), ponds, wetlands and filtering vegetation. Most of this is to be accomplished at Jenny Adair and Rio Grand Parks. Council has seen preliminary plans for both of these sites and Council will see the funding request for the Jenny Adair work in this year's upcoming Asset Management plan. This would be followed by work at the Rio Grand Park in subsequent years. It only makes sense to approach the project in this manner, as it would be inappropriate to develop the collection system prior to having a place to treat what water is collected. Once this portion is complete, the City would begin a systematic upgrade and development system for the collection system for this area of town. Some minor collection systems currently exist and do flow to both of these parks for some very basic treatment. RECOMMENDATION: Up until this point in time, the resources used to develop the stormwater plan have either been privately funded or have been completed in house by staff. Even the "match" for the grant for the sediment vault before you tonight is being provided in-kind. This request for funding is really the first direct approval of funding for a stormwater project. The rate study will give Council a better idea of program costs, how to fund such a program, and the implications for the businesses and citizens of Aspen to implement such a plan. With that, we are recommending that City Council approve this contract in order to give Council the necessary information to evaluate the feasibility of a stormwater program, and to develop a system that is most equitable and defensible. OPTIONS: Council could choose to select one of the other teams that made proposals for the stormwater rate study. Council could also choose to not fund the study at this time and re- review its position at a later time since pressure from the federal government has somewhat subsided for the time being. Council could also choose not to pay for a rate study and could select a funding mechanism itself (property tax, a fee system, sales tax, etc) and then take the issue to the voters. FINANCIAL IMPLICATIONS: As mentioned previously, the total cost for phase one of the contract is: $25,170 and the second portion upon Council's approval is an additional: $96,220. Funding for this contract would be from the Water Fund. The money would be tracked in a separate account to then be paid back to the Water Fund if Council proceeded with setting up a Stormwater program with appropriate funding. Upon completion of either part one of the contract or part two; Council could decide to not proceed with the program. CITY MANAGER'S COMMENTS: _ ./), ., .~ ~ --~ /~ ~ .4_ ~. RESOLUTION NO. ~ Series of 2005 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND AMEC EARTH & ENVIRONMENTAL, INC., 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 an Agreement between the City of Aspen, Colorado and AMEC Earth & Environmental Inc., of Lakewood, Colorado, to perform rate analysis work for a possible stormwater utility program for the City of Aspen, a copy of which agreement is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves an Agreement between the City of Aspen, Colorado and AMEC Earth & Environmental, Inc., to perform the rate analysis for a possible stormwater utility program for the City of Aspen, 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: ,2005. Helen Kalin Klanderud, 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 ,2005. TLO- saved: 7/27/2005-222-G:\john\word\resos~AMEC.doc Kathryn S. Koch, City Clerk AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and AMEC Earth & Environmental Inc., ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. 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 Tasks 1 and 2 pursuant to this agreement shall be completed no later than January 15, 2006 if Notice to proceed is issued by August 31, 2005. 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. 2. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $25,170 for Tasks 1 & 2 and if City Council approves, $96,220 for Tasks 3-6. 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. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $0.00 · Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this contract 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, ~SI-971.doc Page 1 agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate 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. 6. Covenant Against Contingent Fees. The Professional warrants that s/he has not employed or retained any company or person, other than a bona fide employee working for the Professional, to solicit or secure this contract, that s/he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, girls or any other consideration contingent upon or resulting from the award or making of this contract. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, 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 ~S 1-971.doc Page 2 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. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' 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. ~s 1-971 .doc Page 3 (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 ($1,000,00- 0.00) 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 insur- ance, and any insurance carried by the City, its officers or employees, or carded by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, condi- tions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certifi- cate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated 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 Govemmental 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. ~S 1-971.doc Page 4 10. Ciw's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Property/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Finance Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail return receipt requested, to: City: City Manager City ofAspen 130 South Galena Stre~ Aspen, Colorado 81611 Professional: F. Robert McGregor AMEC Earth & Environmental, Inc. 355 S. Teller St., Suite 300 Lakewood, CO 80226 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a w~iver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing 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. ~S 1-971.doc Page 5 16. 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 emended, 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 hereinafter written. [SIGNATURES ON FOLLOWING PAGEl 3S 1-971.doc Page 6 ATTESTED BY: CITY OF ASPEN, COLORADO: By: Title: Date: WITNESSED BY: PROFESSIONAL: Title: ~S 1-971.doc Page 7 Section 3. EXHIBI~ ~'A~' Tasks I and 2 Business Plan Process In our experience, the process of business plan development is as important as the plan itself, perhaps more important. The mechanical process of policy, data and information development is important, but failure to develop sufficient or accurate information is rarely the cause of a project to be halted. It is more often a failure of due diligence or community engagement. For exampie, some key reasons given in failure post mortems of unsuccessful stormwater utility formation efforts include: ,/ Not understanding the process ~ Cutting corners to minimize initial cost '/ Failure to establish stakeholder support · / Failure to identify and account for technical, political, legal or administrative hurdles ,/ Inadequate legal assessment of the authority for the subject jurisdiction to employ a particular institutional form or rate structure v' Failing to work preemptively with the media to build the desired community message ~ Inability to focus the stormwater program on citizen felt needs ,/ Highly inaccurate databases or lack of corrective process v' Failure to provide an effective and accepted user fee appeal process v' Poor citizen or customer service v' Illegal rate structures without rational nexus · / Rate structures too complex to explain to the public and/or seemingly inequitable · / Failure to understand political timing Due Diligence In our business plan process we place great emphasis on ensuring that due diligence is exercised. The formal legal definition of "due diligence" is: a measure of prudence, activity or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent person under the particular circumstances. It includes the formulation and Proposal for Stormwater Utility Business Plan City of Aspen Page 5 execution of a plan with appropriate levels of investigation, establishment of facts, estimation of future prospects, framing of assumptions and inherent risks, and estabfishment of a plan of action-or refraining from action. We organize our work in this type of engagement in four major tracks of effort. Due diligence is important along the four "tracks" or major areas of concern: Program - Does the program make sense, is it compelling, is it within ability and willingness to pay, does it meet citizen perceptions, is it action oriented? Finance - Are legal tests satisfied, it is simple yet fitted to the local situation, does it have the perception of equity, are proper steps followed, does it support the stormwater program? Public - Are there appropriate levels of involvement of key stakeholders, is the general public handled correctly, is the media appropriately involved, is customer service accounted for, are staff and political leadership elements accounted for and handled appropriately? Database - Is the database accurate within legal requirements, is there an appeals process, is it maintainable within reasonable cost constraints, are anomalies accounted for, is customer service appropriate and responsive? The cost of appropriate due diligence is not insignificant but should be put in perspective. Experience has shown that, should a stormwater utility fail for whatever reason, it normally takes five to seven years for there to be a staff willingness and political forgetfulness sufficient to make another attempt practical. The opportunity cost of failure is then five to seven years' revenue. The cost to do a thorough job in due diligence along the four tracks of work mentioned above is rarely more than two to three months' of a utility's service fee revenue. In our experience, it is a prudent approach. Additional benefits of appropriate due diligence on the front end include: More efficient long-term database maintenance leading to lower costs and better customer service. ./ Better initial and long-term public knowledge and cooperation leading to greater acceptance, support and participation. ,/ A funding rate structure that matches and meets program needs, both short term and long term leading to stable, adequate funding for program needs. ,/ A stormwater program that can meet both the capital and operations needs of the local community leading to better services and ability to meet regulatory demands. Those communities that have cut corners in due diligence, even if the stormwater user fee should go forward, often find them selves hampered in terms of their ability to manage the Proposal for Stormwater Utility Business Plan Page 6 City of Aspen database, meet customer expectations, solve flooding problems, meet regulatory needs, and transform to meet changing program demands. The City of Aspen has asked for proposals to cover, in two phases, a total of eight tasks. Task 1 allows for a f~st orientation to the City, documents, and past efforts. Thus any final suggestions for task modification will be held until this review is completed. Having said that, in our preliminary review of these tasks we are convinced they cover well the areas of financial and database due diligence. We have some additional ideas and suggestions based on our experience which may enhance the process and bring about a fuller consideration of public involvement and of cost analysis, program-driven rates, rate structures, and organizational planning. Support of Key Political Leaders and Stakeholders Progress in any major area of endeavor in Aspen depends on the support of the political leadership. In the past, stormwater has not been considered a high enough priority to balance the potential risk in going forward with a needed new funding method. The desire to avoid tax increases and the understandable aversion to increases in charges of any kind often holds ideas like this back. In the current situation, key political leaders have agreed to give the idea a chance to gain momentum among the general public and key stakeholders. A two-step process has found success in other places: (1) test the waters to gauge support while proceeding with utility development, and (2) then if all goes well, complete utility implementation. We believe that if the political leadership is convinced that the idea has popular merit they will not withhold support. So it is vitally important to have a direct link throughout the process with these leaders - to take their pulse, to gain their insight, to have their ear, to know what will make them comfortable. AMEC has a team and process, designed to do just that. Since one key to success will be to convince political leadership that the stormwater user fee is an idea whose time has come, and that there is general approval of the idea from the public, it is also crucial to obtain the vocal support of stakeholders and continue to gauge the support of the general public. This is especially true in a close-knit community like Aspen. A high pementage of people, when well informed of the needs and given a choice, will pick a stormwater user fee above a tax increase. Part of our job is to assist the City in making a compelling case for any funding change or increase, and to effectively communicate that case to the community. To build key stakeholders support (testing the waters of support), we have, in many cities, used a proven process to take stakeholders through a series of about six meetings designed to solicit input from them on a series of related issues concerning the stormwater program focus and funding methods. Council would appoint the stakeholders, suggested by staff. The purpose of this would be to develop a basic plan of action for activation of the business plan, which will address the flooding, system maintenance, and water quality Proposal for Stormwater Utility Business Plan City of Aspen Page 7 priorities now facing Aspen. The citizen's group process then forms the backbone of the project, culminating with a set of recommendations on program and financing. The consultant team, staff and a citizen's group would work to find answers to the following five questions: What is the City currently doing in terms of stormwater management? ,/ What are the stormwater related problems, issues, needs, and opportunities currently being faced by the City? What stormwater program priorities should guide the City's stormwater business plan in the next three to five years? What specific program improvements should the City make and what will the costs be? What is (are) the best way(s) to pay for these program improvements? While we do not include that process in our scope, we do recommend it and would be pleased to work with the City in its development and implementation as part of the project. Program-Driven Project and Rate People are convinced to support a program when they can see a valuable return on investment. Thus, it is important to know just what the improved program will do, what problems it will solve, what it will cost, and what its worth will be. Solving flooding problems will certainly gain the support of flood victims, and the general tacit support of those who feel no one should be flooded if they bought a house with an expectation of flood safety. However, the scope of stormwater management is much broader than just flood protection. We must be able to quantify and qualify the need for program improvements as well as infrastructure betterments. For instance, there are expectations that the basic stormwater infrastructure will be properly maintained to protect this valuable community asset. There are also expectations that questions and concerns will be responded to in a timely and effective manner. There are also issues related to water quality and the ability of the stormwater management program to respond to local, state and federal water quality protection requirements. There is also a growing recognition that stormwater runoff is a resource to be managed, not a nuisance to disposed of and discharged mindlessly to local streams. Implementing modern stormwater management techniques that create greenspace, enhance wildlife habitat, and improve recreation will require careful planning and a well-focused program that is in touch with community needs and desires. Simple hand waving and general statements of need do not convince anyone. Thus, there will be a need to estimate capital and remedial maintenance backlogs, routine maintenance needs, needs for other types of services and programs as key elements of the business Proposal for Storrnwater Utility Business Plan Page 8 City of Aspen plan. The need for program improvements must be illustrated graphically through pictures, testimonies, and stories. A compelling case for change must be made - and that case must take full advantage of both "right brain" and "left brain" approaches. In any case, the program strategy need must drive the funding concept. The need for a utility must spring directly from a detailed consideration of the program needs and the compelling case. This has proven successful in' our experience and leads to our overall approach. Overall Utility Approach Regardless of the use of feasibility studies, the AMEC Team concept of implementation of a user fee follows the previously cited four "tracks" of activity. Figure 1, on the following page, shows an overall flow chart for utility implementation. In Figure 1, a typical stormwater utility development follows the four interrelated "tracks" of activity. It is crucial that these four tracks are coordinated and timed to occur as shown. While there are almost infinite variations on this schematic figure, the key activities within the figure are all important and cannot, or should not, be skipped. The Public Track goes through four basic phases: planning the program, stakeholder involvement and general public education, implementation campaign, and short and long term customer service. Often there is a citizen's stakeholder group involved to assist in policymaking and to serve as eventual proponents of the utility. Stormwater utilities are rarely infeasible technically, and legal constraints can usually be overcome. It is in development of public, stakeholder, and political support that the difficulties often arise. Thus the Public Track is often THE key to success of the utility. The Program Track builds on basic problems, needs and goals through a setting of program priorities, laying out a program for a three to five year period, a costing of that program, and, finally setting up implementation steps. The program strategy must drive the final rate and rate structure, although due regard must be given for the customer's willingness to pay for stormwater given other demands on the limited resources of the citizens. The program is key; it is what sells the utility concept. But we must also resolve other issues as part of the utility development process. What is the bang for the buck? How do we convince citizens and stakeholders of the need for an alternate funding source? How do we craft a stormwater program that meets the needs of the City without exceeding the available funding? Proposal for Storrowater Utility Business Plan Page 9 City of Aspen Figure 1: Utility Implementation Approach Public DEFINE PUBLIC INFO & ED PLAN Program Finance PROBLEMS, NEEDS [ FUNDING ANDGOALS I LEGAL ISSUES pROGRAM FUNDING PRIORITIE~ & POLICY ISSUES OBJECTIVES Database DATABASE POLICY ISSUES COST OF SERVICE ANALYSIS ORGA,N 55 ONALI DATA, MATERIALS MASTER RATE STRUCTURE UNT FILE & ANALYSIS BILLING DATA RATESTUDY & ~ BILLING SYSTEM CASHFLOW DEVELOPMENT ANALYSIS RATE ORDINANCE INQUIRY AND COMPLAINT RESPONSE I- I UTILITY IMPLEMENTATION & CUSTOMERSERVICE The Finance Track sets some basic financing policies first. Then, based on program input, it goes from development of a rate structure to meet the program needs, to a rate study and cash flow analysis and, finally, to a rate ordinance. In order for this track to be successful you need both strong financial background and experience and the practical experience that comes from actually setting up and managing a stormwater utility. Over the past thirty years our team members have guided the development and implementation of more than one hundred stormwater management programs as utilities, special service districts or authorities, or integrated components of broader water resource management programs that include water supply and/or wastewater treatment. The Database Track has three main purposes: to develop the master account file, to develop a mechanism to deliver the bill to the customer, and to properly integrate the two. Inherent in this work are myriad decisions on who to bill, how to arrange certain properties within the account file, etc. Our team includes a dedicated group of specialists who prepare master account files, data sets, and billing integration protocols. Specific Tasks The City of Aspen has asked for a set of specific tasks, some in great detail. The AMEC Team will respond to these tasks as requested to allow for comparison of approaches. However, we do have some suggestions on approach that may be appropriate to this Proposal for Storrnwater Utility Business Plan City of Aspen Page 10 project that would streamline some parts and may also strengthen the ability to gain City Council approval. Specifically we suggest: · / A more purposeful development of a compelling case for change and the program elements to support it · / The use of a citizen's group to develop key concepts and support The program suggestion has been included within the scope we propose. Due to its expense the stakeholder group process has not. The additional cost for adding a special stakeholder process may be on the order of $25,000 for five to seven meetings of a group. Task I - Project Orientation AMEC has a standard letter request for information. We will initiate the request with a phone conversation to discuss the types of information that may be available, general City organization, and other overview topics. We will then follow up with a letter request for information. As part of the initial meeting we would like to be able to receive for review a number of Task I - Project Orientation Prepare initial request for policy, financial, operational and statistical data needed prior to first meeting with City representatives, Meet with City representatives to discuss policies regarding stormwater activities, finalize project schedule, and collect available data. documents to give us the necessary background and jump start to ask pertinent questions in later discussions. The following is a list of materials that we need to begin our work on the utility. The list will however serve as a starting point and as we learn more additional documents will be reviewed. The documents and types of documents we will need include: Organization charts with points of contact for key departments Manpower and equipment listings for all stormwater related functions · / Estimate of funds spent on stormwater City Budget and Annual Report information City overhead allocation information Information on any outstanding stormwater bond Issues City Capital Improvement Plan for stormwater projects ,/ Any existing information on complaints Proposal for Stormwater Utility Business Plan Page 11 City of Aspen ,/ Copies of stormwater related ordinances, regulations and written policies (zoning, subdivision, water supply, erosion control, etc.) Copies of checklists and other guidance commonly used by plans reviewers (official or not) Written development and design policies commonly used by the City staff Any existing information on parcels, tax database descriptions, utility billing information, customer databases, etc. copy of a typical utility bill and tax bill ,,' Description of available mapping, GIS coverages, databases, hardware, etc. Since much of the information we request will be bulky or one-of-a-kind we will review the information in your offices and make copies of only what is necessary for our efforts. We will do this ahead of the first meeting, the day before. To prepare to meet with City Council AMEC will discuss the program needs, issues, costs, etc. with City staff to develop a compelling case for change and for a user fee, if one exists. This is critical in convincing both political leaders and other key stakeholders of the need to go forward and becomes the basis for selling the program to the public. Task 2 - Institutional Considerations The AMEC Team (including our legal counsel) will work with City staff to develop pro-con analysis of key institutional and governance options. Legal counsel would participate in this Task by identifying all of the legally feasible institutional arrangements that should be considered initially by Staff, a citizens task force (if Task 2 - Institutional Considerations Identify potential institutional arrangements for administering City stormwater activities. These could include (a) status quo arrangement, (b) stormwater utility, (c) flood control district, or (d) some other arrangement. appropriate) and finally City Council either presenting to it all possible arrangements or some number of the most desirable from Staff's and / or Task Force's point of view. It has been found that elected officials are usually more supportive of these arrangements if citizens have had an opportunity to have input into the process especially if City Council would adopt a fee structure without the vote of citizens. In addition to identifying these arrangements, the AMEC Team would document the factors of each that distinguish one from the other. Specifically, among other considerations, the focus would be on what is desired to be accomplished (construction, maintenance, regulatory enfomement and regulatory compliance) and the various avenues to fund those tasks. In that way, Staff / Task Force can focus on what are the most important elements of an arrangement and thus make the selection process easier. Usually, this takes the form of a grid for easy review and comparison. Proposal for Storrnwater Utility Business Plan Page 12 City of Aspen Eventually, from a functional standpoint, Aspen will probably want to manage all its water resources in a coordinated fashion. Demands on the Roaring Fork for diversion, stress on Aspen's water supply, and Iow stream flow make proper control of runoff and reduction of urban pollution increasingly important as Aspen and Pitkin County grow. It is important to both keep it as simple as possible given the small size of the City, but not to foreclose on opportunities for regional cooperation. This is important both for potential economies of scale in stormwater programmatic efforts, and because runoff knows no political boundaries. AMEC is currently working with both Arapahoe and Douglas Counties in development of options for institutional arrangements in a complex multi-party setting. In these settings, as in Aspen, it is important to differentiate the leqal entity from the qovernance of stormwater. For example, it might be advisable to create an enterprise fund, while retaining essentially the same governance structure. However, if there appears to be a natural linkage with other water entities in the area, then options should, and wilt, be explored. At the end of these two tasks AMEC will work with City staff to develop a presentation in workshop format that will be presented to City Council about the program needs and how a user fee might be structured to meet these needs. Schedule The overall project schedule showing major tasks is shown in the table on the following page. Proposal for Stormwater Utility Business Plan Page 13 City of Aspen Sect/on 4. 7-as/ s 3 - 7 Task 3 - Regulatory Requirements and Legal Review To some extent some of these tasks are included in Task 2. AMEC's legal counsel would meet with the City's legal representatives and, to the extent that the City's legal representatives wish, would brief them on both the Colorado statutes applicable to the arrangements being considered as well as drainage law in general. In addition, legal counsel would update them on the common law applicable to drainage and Colorado statutes in regard to governmental immunity as applicable to drainage improvements. Task 3 - Regulatory Requirements and Legal Review Meet with City legal representatives to identify elements of current state statutes that will directly affect proposed entity's operational, financial and bonding requirements. Assist City in developing goals and objectives for stormwater entity based on requirements imposed by Colorado statues. · Assist City in drafting a proposed stormwater ordinance. Final ordinance will be prepared by the City Attorney's office. Finally, AMEC's legal counsel would assist the City in fleshing out the permitted goals and objectives of the arrangement selected. Such a consideration would include identification and analysis of Colorado statutes and the City of Aspen's adopted ordinances and regulations applicable to the goals and objectives identified. Once this has been completed, a draft ordinance would be prepared for consideration by the City Attorney's office. Task 4 - User Fee Bases There are about seven or eight fairly common basic rate methodologies used in the United States. Each one was developed in an attempt to bring about, or reflect, specific stormwater program objectives and philosophies. In some cases the methodologies were simply reflective of the form of available billing data, and were deemed suitably equitable to pass legal muster. While Aspen includes three bases for comparison, in fact, there are several other bases that may carry considerable weight given Aspen's unique housing situation and mountain setting. In the end the rate methodology, and in fact the complete rate structure Task 4 - User Fee Bases Review possible bases for a standard stormwater billing unit including: · Total Impervious Area · Average Impervious Area for Single Family Residences · Average Total Area for Single Family Residential Units Submit report describing these billing unit bases and their applicability to stormwater user fee development. Each method will be evaluated in terms of data availability, equitability of user fees and ease of conversion of data into Stormwater Master Billing Database. Assist City representatives in determining which methodology best meets utility goals and objectives. Proposa! for Stormwater Utility Business Plan City of Aspen Page 15 (including possible secondary funding methods and rate modification factors), will be a compromise among the various factors, and will pass the "rational nexus" test reflecting cost causation for program elements both now and in the future. AMEC will develop a set of objective criteria by which to evaluate the various methods, and variations on them. We will initially interview staff (and citizen's group if appropriate) to determine which factors are of greatest perceived and real importance. We will then frame these factors into an analysis process and quickly assess a sub-set of options. We will develop a report, suitable to meet due diligence standards for Colorado, which lays out both the overall rate structure and user fee basis, as these two are intertwined. " Task 5 - Billing Database Development and Implementation AMEC will collect and analyze available parcel, account, permit, imagery, land use, planimetric, and impervious area data from the City and the County. The goal of this analysis will be to develop a set of algorithms which determine impervious area on each non-residential parcel, and which determine the correct class (for example, large, medium, or small) for each single-family residential parcel. Done properly, this analysis will feed into the development of the billing database such that the billing database is crafted from the rate structure (of task 4), the land use of each parcel, and the algorithms developed in step 1 of this task. The algorithms themselves will rely on one or more variables "mined" from source data including the Assessor's information. Special classes of properties, including Task 5 - Billing Database Development and Implementation Review available land use data necessary to populate stormwater utility database. This data may be obtained from the County Assessor's office and City IM, Permits and GIS systems. Develop billing database including the following components Count of all land parcels tied to water meters in current GIS and Permits database. Number of land parcels within the City limits. Customer bills matched to parcel records. Land use codes and descriptors. Impervious area on County Assessor/City parcel records. Plat maps and aerial photo data. Sample physical address/water meter address. Residential properties with and without garages. Billing rates. Identify unmatched property records and unmatched water billing records. Develop method for City representatives to identify non- matched properties and accounts. ~eterr~ine statistically significant port on of average ~mperv~ous area for residential land parcels. Residential billing basis will be developed as follows: · Random samples of each residential class will be drawn and statistically analyzed. Average, high, and Iow impervious areas will be determined along with standard deviations in order to conduct statistical tests. Statistical tests will be conducted on each residential class to determine if each customer class can be billed as a separate residential customer class. A report on findings of residential customer classes will be prepared. Identify special billing circumstances. Generally these circumstances include (a) more than one customer occupies individual parcel of developed land (e.g. apartment building), (b) one customer occupies more than one parcel of contiguous land (e.g. large industry), or (c) developed parcel of land is not presently a utility customer (e.g. parking lot). Meet with City representatives to review and finalize the Master Billing Database. The database will include at least the basis of billing appropriate to each customer (e.g. impervious area billable, applicable number of equivalent residential units, or some similar measure) and new stormwater only customer accounts. Proposal for Stormwater Utility Business Plan City of Aspen Page 16 condominiums and townhomes, may be dealt with in different ways to address the parcel/account/land characteristics differences in a fair and maintainable way. Once the algorithms are developed, they will be tested against a sampling of measured properties to ensure they appropriately predict the fee associated with each parcel. The algorithms will be adjusted to most accurately predict each parcel's fee, and statistical summary information will be produced. Once each parcel or group of pamels has a fee associated with it, AMEC will perform a matching routine to match each parcel or group of parcels to one or more existing accounts in the utility billing system. This will result in many parcels that associate with exactly one account, and many parcels that associate with either no accounts or more than one account (we refer to these as "not 1 to 1"). With help from the City staff, AMEC will establish policy and take steps to assign the stormwater fees for each parcel to one or more than one existing account. The table shown below depicts generally how this would be done, but the exact approach will depend on the available data, the rate structure employed (from Task 4), and the billing policy decisions that are yet to be made. Proposal for Stormwater Utility Business Plan City of Aspen Page 17 Parcel Type Possible Approach Single Family Detached Residential Determine residential class from gross lot area, garage existence, and heated square footage of home. Duplex or Triplex Determine residential class from gross lot area, garage existence, and heated square footage of home. 3ondominium Community Determine aggregated fee for entire community from imagery, gross areas, and assessor data. 'ownhome Community Determine aggregated fee for entire community from imagery, gross areas, and assessor data. qon-Residentlal Determie fee for entire parcel from imagery, gross lot area, and assessor data. Result Match of Parcels to Accounts Action Correct fee for each single family 1 to 1 Bill existing detached parcel, account. Not 1 to 1 Determine correct ratepayer. Correct fee for each duplex or triplex 1 to 1 Bill existing unit, account, Not 1 to 1 Determine correct ratepayer. Correct aggregate fee for each condominium community. Correct aggregate fee for each townhome community. 1 to 1 Will not happen. ' Not 1 to 1 1 to1 Not 1 to 1 Not 1 to 1 Correct fee for each non-residential parcel. Assign proportionate fees to each unit or develop other method to capture. Will not happen. Assign proportionate fees to each unit or develop other method to capture. Bill existing account. Proportionate fees for tenants, or one bill to owner. Proposal for Stormwater Utility Business Plan City of Aspen Page 18 Task 6 - Long Range Financial Plan The long range financial plan is essentially a rate study and cash flow analysis. Both of these are necessary to satisfy legal due diligence in establishment of a user fee rate in Colorado and to insure the program is well planned for. It would be unusual for the program to actually follow the details of the plan beyond the first five-year period as things normally change significantly from initial assumptions by that time. The basis for the fee must be the stormwater program. Therefore we will work this task in tandem with the previous one to insure the fee basis reflects program needs. The requested services did not include a thorough look at just what "stormwater" means to Aspen and a detailed cost of service analysis. We would look at that as part of this task first and then tailor the rate structure to meet the program objectives. That is key. We will (1) look at key problems, issues and needs, (2) establish program priorities, and (3) lay out a five year program in look at rate structure. Task 6 - Long Range Financial Plan Determine stormwater entity revenue requirements for projected ten-year study pedod. Revenue requirements will include: Operation and maintenance expenses. Routine and major capital expenditures (asset management program). Proposed debt service on bond issues. Other cash obligations Allocate revenue requirements to various customer classifications on the basis of relative responsibility of each classification for service provided as determined from customer classification units of service billing units and quality issues. Design schedule of storrnwater user charges to equitably recover revenue requirements from customer classes. Develop financial planning spreadsheet to show ability of projected stormwater user fee revenues to meet annual revenue requirements. Debt financing will be reflected to meet any needs that are not conducive to cash funding. A projected cash flow statement will show timing and magnitude of any anticipated changes in user charges and timing and magnitude of any indicated bond issues. Meet with City representatives to discuss financial plan findings and finalize long-term financial plan. detail and ten years in less detail, and then From that AMEC will develop a cost-of-service analysis that will meet program objectives and goals within the revenue capacity of the City's fee. In so doing we will determine which components of the program should be user fee based, which are handled by secondary funding, and which by other means. For ease of understanding and use costs will be developed in a format compatible with the City's budget document and comprehensive annual financial report. The costs are then divided among rate payers on the basis of the rate methodology determined in Task 4. It is important to both attain relative equity and to have a simple enough rate method that it can be easily explained and maintained in the face of changing development conditions. Many consultants have developed overly complex rate structures only to have the public reject them as too complex or the City rue the day they agreed to try to maintain complex algorithms year after year. We should not be as complex as we can be. Proposal for Stormwater Utility Business Plan City of Aspen Page 19 Costs and rates will be placed in AMEC's rate analysis spreadsheet to allow for easy "what if" analysis for changing program concepts, rate methods, credits, growth assumptions, etc. Debt and secondary funding will be included to demonstrate the impacts of various decisions. Recommendations will be made and presented in a draft and final rate study. It will be important throughout this process, if appropriate, to both keep council members appraised of key information, and to bring a stakeholder's group into the policy development process for some key decisions. The stakeholder process is not included in the cost estimates, as it was not indicated in the scope. Task 7 - Reports AMEC will provide one draft and one final report for each of the deliverable products. The deliverable products will be: A preliminary program assessment report detailing the problems, needs and issues and the program priorities. It will then lay out a proposed program concept for five and ten years. It will also include the legal assessment of Task Task 7 - Reports Provide draft reports to City representatives for review and comment. Report will summarize study findings, procedures, assumptions and recommendations. Finalize study report and provide 25 copies to the City. A prelirninary rate structure and fee basis analysis which lays out the basic rate structure to support the proposed program concept, including assessment of the various bases for the fees. · / A rate study, cash flow and cost of service analysis which is the final rate study. v' A final report which includes the final versions of the previous reports with coordinating language laying out the total process. Task 8 - Support Services The AMEC Team, AMEC local staff and Denver resources are skilled at meeting with political leaders and presenting key information. We will work with staff to develop and then keep updated a short slide show of the process and compelling case for change. In addition other AMEC team members are noted national and international speakers on stormwater funding. We have access to all national database findings both private and publicly available and can present national trends and costs. Task 8 - Support Services Having a professional available to attend meetings such as City Council Meetings and Workshops, Public Hearings, and Press Conferences. The presentation of available national stormwater data. This presentation should give insight into practices, policies, and rates of stormwater utilities across the country. Proposal for Stormwater Utility Business Plan City of Aspen Page 20 C TO: THRU: FROM: DATE: Reference: Memorandum Mayor and City Council Members Steve Barwick, City Manager Nick Adeh, City Engineer and Kathryn Koch, City Clerk August 2, 2005 Engineering Plan Copier replacement project SUMMARY: We have asked qualified contractors to submit sealed bids for the above referenced project. We received two qualifying, responsive bids and one non-qualifying bid. These bids were opened and read publicly. This bid is for a total of 3 machines; one scanner, one plotter/printer and the computer digitizer. These 3 machines make up the system. The attached criteria request the minimum required features of products available. The results are summarized below: CONTRACTOR BASE BID Existing Final Price BID STATUS PRICE Equipment Trade-in Value 1. United Reprographic Supply, Inc. 36,060.00 9,169.00 26,891.00 Qualified Bidder 2. LK Reprographic and Engineering 35,984.00 7,853.00 28,131.00 Qualified Bidder Equipment 3. UNIL1NK, Inc. 20,750.00 5,000.00 15,750.00 Non-conforming Bid (Low Volume, Single Equipment) BACKROUND: The current large format scanner and printer is 7 years old. This replacement equipment was budgeted in the 2005 asset management budget at $35,000. This is the only equipment in the city capable of scanning or copying blueprint size documents and is used by all city departments. The goals of this new equipment, beside replacement, are · to achieve paper reduction - not only to save space but to meet resource reduction · to upgrade to digital to make possible a more varied product · to provide internet access to the City's archives · and add enlargement and reduction capabilities of plats and maps The Engineering Department's map scanning and archiving, plan plotting, large format copying and production center is an all City program that maintains a central archiving facility for city maps and construction as-built plans and related information services. This system is a part of development of our public information services, which will include legal surveys and construction information. The Municipal Records Retention Schedule, adopted by Council in 2002, requires permanent retention of construction drawings and plans, of cartographic and engineering records, map history case files, annexation and development plats and plans. The city needs a system to preserve these documents, make them available to staff and public, and to store them off-site because due to lack of storage space. DISCUSSION: Beside purchase of replacement equipment, the city clerk's office and engineering department are proposing a joint program to digitally save old and disintegrating City maps and plans in the archives. The city clerk's office will scan plats that are part of the city's land use files and that take up a lot of space. The lack of space for land use files is becoming critical. Public and staff can view them on the city's website. If someone determines they want an actual copy of a subdivision plat, annexation map, city street map, they may order it from the engineering department. There will be a charge to cover costs. The program is designed to meet the increasing needs of all city departments. The contract for procurement of new digital equipment is intended to replace the exiting fixed size analog engineering plan copier and to add a much needed flexibility in production of varying size printed media for all City planning and capital construction projects. It will also add the capability of large format scanning. This machine will have a replacement schedule of 10 years. FINANCIAL IMPLICATION: The bids are below the funds available in the 2005 Engineering Asset Management Plan. Beside the capital cost, no additional funds are needed. The armual operating costs are already part of the engineering department's operating budget. The original plan was to have the city clerk's department pay half the capital cost. Because the equipment is within the amount budgeted by engineering, the city clerk's department will pay for temporary help to scan the historical maps and as built construction plans. Besides the planned temporary help, this purchase will not require any additional staff. We are combining resources to benefit the city and the community. ALTERNATIVES: The alternative is to put purchase of this equipment off into the future; however, this raises the risk of losing existing historic maps and plans and getting farther behind in the retention project. RECOMMENDATION: Staff recommends award of contract to successful Bidder, LK Reprographic and Engineering Equipment for a total amount of $28,131.00 for following reasons: 1. The proposer's bid is the lesser of the two qualifying bidders as explained below: -Total final bid less one-day full training from the supplier's application Engineer, ($28,131.00 - $1,300.00 = 26,833.00) -Unlimited Support from LK Survey Instruments and Reporgraphics CITY MANAGER COMMENTS: ~ ~ ~ ~ The attached criteria request the minimum required features of products available RESOLUTION (Series of 2005) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND LK SURVEY SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE PURCHASE OF A LARGE SCALE FORMAT SCANNER AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and LK Survey, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and LK Survey regarding purchase of a large format scanner, 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: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held August 8, 2005. Kathryn S. Koch, City Clerk