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HomeMy WebLinkAboutagenda.council.regular.20180611 CITY COUNCIL AGENDA June 11, 2018 5:00 PM I. Call to Order II. Roll Call III. Scheduled Public Appearances IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT scheduled for a public hearing. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Amendments c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #87, Series of 2018 - Elevator Master Service Agreement b) Resolution #90, Series of 2018 - Skybeam Ranch Conservation Easement c) Resolution #91, Series of 2018 - Verena Mallory Trail Easement d) Resolution #79, Series of 2018 - Battery Electric Bus Program-Letter of Financial Comittment e) Resolution #92, Series of 2018 - On-call electric excavation services contract approval for Stutsman Gerbaz Earthmoving, Inc. f) Resolution #89, Series of 2018 - Contract with Irrigation Analysis for water conservation services g) Resolution #93, Series of 2018 -Operating Agreement between the City of Aspen and WeBops for the Wheeler Opera House Liquor License h) Minutes - May 29, 2018 VII. First Reading of Ordinances VIII. Public Hearings a) Resolution #88, Series of 2018 - Lots 1-5, Ranger Station Subdivision - Extension of Vested Rights - TO BE CONTINUED TO JULY 23, 2018 IX. Action Items X. Adjournment Next Regular Meeting June 25, 2018 COUNCIL’S ADOPTED GUIDELINES · Make Decisions Based on 30 Year Vision · Tone and Tenor Matter P1 · Remember Where We’re Living and Why We’re Here COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. P2 TO: FROM: THRU: DATE OF MEMO: MEETING DATE: RE: REQUEST OF COUNCIL: contract with ThyssenKrupp Elevator elevators in City owned and operated buildings. PREVIOUS COUNCIL ACTION: BACKGROUND: Various City the maintenance of City owned elevators for decades. were manufactured and installed by TKE. over the years signed up at different times and at various rates and terms depending on the using department and needs at the time. DISCUSSION: The Asset Department consolidated the majority into a master service agreement to improve overall service levels and decrease cost to the City at the same time. Those not included are provide. The savings are seen both directly in the monthly fees charged as well as on the back end when service is required outside of the typical Monday window. TKE will absorb straight time costs for labor for the difference between straight time and overtime labor costs. The new rates for the services provided with an option to renew for successive 12 at any time with 90 days written notice. ($2,973.72 annually). Backend savings are dependent upon overtime service calls needed and therefore can’t be quantified, however, provide a discount of over 50% from previous rates. The firm selected for this contract w due to their location and availability on the Western slope. ENVIRONMENTAL / COMMUNITY IMPACTS: allow City staff to immediately utilize th MEMORANDUM Mayor and City Council Scott Henriksen, Project Manager Jeff Pendarvis, Assistant Capital Asset Director June 4th, 2018 June 11th, 2018 Resolution #087, Series of 2018 – Elevator Master Service Agreement REQUEST OF COUNCIL: Staff requests approval of the following master service ThyssenKrupp Elevator Corporation (TKE) for servicing the majority of the elevators in City owned and operated buildings. PREVIOUS COUNCIL ACTION: None. Various City departments have utilized elevator service providers for the maintenance of City owned elevators for decades. Most of the elevators serviced were manufactured and installed by TKE. Ongoing service contracts have been in place over the years signed up at different times and at various rates and terms depending on the using department and needs at the time. The Asset Department consolidated the majority into a master service improve overall service levels and decrease cost to the City at the same Those not included are currently receiving a lower monthly rate than TKE can he savings are seen both directly in the monthly fees charged as well as on the back end when service is required outside of the typical Monday-Friday 8:00am TKE will absorb straight time costs for labor leaving the City only responsible r the difference between straight time and overtime labor costs. for the services provided at $3,941.36 per month for a term of 60 months option to renew for successive 12-month periods. It may be cancelled by the City with 90 days written notice. This is an upfront savings of $247.81 per month Backend savings are dependent upon overtime service calls needed and therefore can’t be quantified, however, we estimate this new level of service will ide a discount of over 50% from previous rates. s contract was chosen as a sole source provider of this service their location and availability on the Western slope. / COMMUNITY IMPACTS: The execution of this allow City staff to immediately utilize this fully vetted service provider. Jeff Pendarvis, Assistant Capital Asset Director Elevator Master Service llowing master service for servicing the majority of the s have utilized elevator service providers for Most of the elevators serviced Ongoing service contracts have been in place over the years signed up at different times and at various rates and terms depending on The Asset Department consolidated the majority into a master service improve overall service levels and decrease cost to the City at the same monthly rate than TKE can he savings are seen both directly in the monthly fees charged as well as on the Friday 8:00am-4:30pm the City only responsible at $3,941.36 per month for a term of 60 months ncelled by the City This is an upfront savings of $247.81 per month Backend savings are dependent upon overtime service calls needed this new level of service will as a sole source provider of this service contract will P3 VI.a FINANCIAL/BUDGET IMPACTS: Departments that use this contract will see direct impact to their approved project and operational budgets. RECOMMENDED ACTION: Staff recommends that Resolution #087 be approved and executed. CITY MANAGER COMMENTS: P4 VI.a ATTACHMENTS: I. Exhibit A – Platinum Service Agreement – ThyssenKrupp Elevator Corporation P5 VI.a RESOLUTION #87 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A SERVICE AGREEMENT BETWEEN THE CITY OF ASPEN AND THYSSENKRUP ELEVATOR CORPORATION AUTHORIZING THE CITY MANAGER TO EXECUTE SAID SERVICE AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a service agreement for elevator services between the City of Aspen and ThyssenKrupp Elevator Corporation a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that service agreement for elevator services between the City of Aspen and ThyssenKrupp Elevator Corporation a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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 June 11, 2018. Linda Manning, City Clerk P6 VI.a P7 VI.a P8 VI.a P9 VI.a P10 VI.a P11 VI.a P12 VI.a P13 VI.a P14 VI.a P15 VI.a P16 VI.a P17 VI.a P18 VI.a P19 VI.a 1 MEMORANDUM TO: Mayor and City Council FROM: Austin Weiss, Parks and Open Space Director THRU: Jim True, City Attorney Sara Ott, Assistant City Manager Jeff Woods, Parks and Recreation Manager, DATE OF MEMO: June 4th, 2018 MEETING DATE: June 11th, 2018 RE: Resolution #90, Series of 2018 - Skybeam Ranch Conservation Easement CC: Steve Barwick, City Manager REQUEST OF COUNCIL: Staff is requesting that City Council approve the acquisition of the Skybeam Ranch Conservation Easement which is being offered to the City, as co-owners with Pitkin County, as a part of a subdivision approval for 501 West Buttermilk Road. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The owners of 501 West Buttermilk Road have been approved for subdivision by Pitkin County. This 37.5-acre parcel is east of, and adjacent to, the City of Aspen owned Burlingame West Open Space and Pitkin County’s Airport Bluff Open Space. Please see the attached Exhibit A Vicinity Map. As a condition of their approval, the applicant is required to grant a conservation easement on a 26.67-acre portion of their parcel to prevent any further development of the property. This conservation easement would be granted to both the City of Aspen and Pitkin County Open Space and Trails as co-holders. DISCUSSION: The owners of Skybeam Ranch have been going through a subdivision application process with Pitkin County and as a part of their Growth Management Quota System are required to protect the northern 26.67 acres of the property with a conservation easement. Since the parcel lies adjacent to the western edge of the City’s Burlingame West Open Space, it was decided that the City of Aspen, along with Pitkin County, would also be named as a co-holder of the Conservation Easement. P20 VI.b 2 The proposed Conservation Easement sits atop the hillside that lies on the west side of Owl Creek Road. It is adjacent to the 57-acre, City of Aspen owned, Burlingame West Open Space and the 20-acre, Pitkin County owned, Airport Bluffs Open Space, and contains valuable, connected wildlife habitat and untouched native vegetation. Together, the three protected open space parcels would provide a total of 104 acres of protected wildlands and important wildlife habitat. Along with the conservation easement, a trail easement would be granted along the entire length of the entire property to allow for future trail connections, if future planning efforts identified a need for such a trail connection. The applicant is also being required to contribute $35,000 to Pitkin County Open Space & Trails to be used for trail development and maintenance in the Buttermilk/Sky Mountain Park area. FINANCIAL IMPLICATIONS: None. Pitkin County Open Space and Trails has agreed to take on the management and monitoring of the Conservation Easement. RECOMMENDED ACTION: Staff recommends that City Council accept the Skybeam Ranch Conservation Easement as presented. ALTERNATIVES: City Council could choose not to accept the Conservation Easement in which case the landowners would need to secure another third-party custodian of the Conservation Easement. PROPOSED MOTION: “I move to approve Resolution #90, Series 2018, approving the Conservation Easement on Skybeam Ranch.” CITY MANAGER COMMENTS:________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Skybeam Ranch Vicinity Map Exhibit B – Skybeam Ranch Draft Conservation Easement P21 VI.b Airport Bluffs Open Spa ce Burlingame W.Open Spa ce Skybeam Ranch Conservation EasementVicinity Map Skybeam Ranch Owl Cr e e k Roa dConservation Easement . Exhibit A P22VI.b EXHIBIT B Recording requested by and return to: Pitkin County Board of County Commissioners 530 East Main Street Aspen, Colorado 81611 DEED OF CONSERVATION EASEMENT SKYBEAM RANCH – PITKIN COUNTY THIS DEED OF CONSERVATION EASEMENT (“Deed”) is granted effective as of the ______ day of ____________, 2018, by the Bryan and Emily Kelln Family Trust, whose address is 501 West Buttermilk Road, Aspen, CO 81611 (“Grantor”), to the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO (“BOCC”), a body corporate and politic, whose address is 123 Emma Road, Suite 106, Basalt, Colorado 81621 and the CITY OF ASPEN, COLORADO (“City”) (collectively, BOCC & the City are referred to as the “Grant- ee”), for the purpose of forever conserving the open space character, agricultural productivity, wildlife habitat, and scenic qualities of the subject property. WITNESS THAT: Grantor is the sole owner in fee simple of the property (the “Property”) which is specifi- cally described and depicted as the “Conservation Easement” on the Skybeam Ranch Subdivi- sion Plat (the “Plat”) recorded in Plat Book _______ at Page ______ of the Pitkin County Clerk and Recorder’s Office, consisting of approximately 26.67 acres of land more or less located in Pitkin County, State of Colorado. The Property is a portion of Lot 1 of Skybeam Ranch Subdivi- sion, according to the Plat. In accordance with the United States Internal Revenue Code of 1986 (“IRC”) and Treas- ury Regulation 1.170A-14(d)(4) regarding preservation of open space, the parties agree and acknowledge that the preservation of the Property will yield a significant public benefit and will add to the scenic and open space character of the landscape in Pitkin County. The Property qual- ifies as open space because it will be preserved for the scenic enjoyment of the general public and is preserved pursuant to a clearly delineated governmental conservation policy. Conservation of the Property will further yield a significant public benefit. · Scenic Enjoyment. The Property lies within a mapped Scenic View Protection Area des- ignated by Pitkin County, and adds to the scenic character of the local rural landscape in which it lies, and provides a degree of openness, contrast and variety to the overall land- scape. Moreover, the Property is adjacent a 50-acre conservation easement known as the Burlingame Open Space. A portion of the Property is visually accessible to the general public from State Highway 82 and from West Buttermilk Road, which is open to and ac- tively used by residents of Pitkin County and the State of Colorado, and from public lands and trails on and surrounding West Buttermilk, a popular recreational destination. The terms of the Easement do not permit future development on the Property that would inter- fere with the essential scenic quality of the land. P23 VI.b · Governmental Policies. Conservation of the Property is promoted by the following local and state governmental policies. The laws and regulations of the State of Colorado and the United States also support conservation of the Property relative to its scenic, wildlife habitat, agricultural heritage, educational and natural area values: o Local Policies: Conservation of the Property helps to maintain a valuable open space resource. Pitkin County addresses the need for protecting open space in its Home Rule Charter, which contains the Open Space and Trails Program’s ena- bling legislation under Article XIII. Criteria for open space acquisitions include: (1) Areas within public scenic viewplanes; (2) Incorporating or protecting signifi- cant wildlife habitat; (3) Protecting riparian or wetlands areas; and (4) protecting other public lands from the impacts of development. o Statewide Policies: The State of Colorado has recognized the importance of pri- vate efforts toward the preservation of natural systems in the State by the enact- ment of several section of Colorado Revised Statutes (“C.R.S.”) (see below). The Property contains significant native sagebrush habitat, and as such its conserva- tion is further promoted by the Colorado Division of Wildlife’s Wildlife Conser- vation Section Briefing Paper, dated March 3, 2005, “Needs for Habitat Protec- tion of Colorado’s Sagebrush Communities”. · Significant Public Benefit. The Property is a unique part of a rural, agricultural, moun- tainous area of Pitkin County, where there is a trend toward residential development in the near vicinity. The City of Aspen is only a short distance by road from the Property. There is a strong likelihood that development of the Property would contribute to degrada- tion of the scenic and natural character of the area. Preservation of the Property will con- tinue to provide an opportunity for the general public to appreciate its scenic values, and will increase the amount of conserved lands. Further, Grantor has granted to the BOCC the right to construct and maintain a non-motorized, 10-foot wide trail through the Proper- ty for the public benefit. In accordance with the IRC and Treasury Regulation 1.170A-14(d)(3) regarding the pro- tection of a natural environmental system or habitat, preservation of the Property will provide significant relatively natural habitat in which wildlife, plant communities, or similar ecosystems normally live. · Relatively Natural Habitat. For the most part, the native plant communities on the Prop- erty are in fair to excellent condition. The dominant plant communities on the Property can be described as a mosaic of the following: (1) mountain big sagebrush shrublands; and (2) Gambel oak dominated mixed montane shrubland. In many areas of the Property the shrubland associations consist of intergrades between adjacent types with dominance or co-dominance of Gambel oak or mountain big sagebrush. The interspersion of the varied associations on the Property provides habitat for a relatively rich assemblage of wildlife species. Both mule deer and elk occur on the Property. · Open Space [§ 1.170A-14(d)(4)]. The Property qualifies as open space because it will be preserved for the scenic enjoyment of the general public and is pursuant to a clearly delin- P24 VI.b eated governmental conservation policy. Conservation of the Property will further yield a significant public benefit. In accordance with the IRC and Treasury Regulation 1.170A-14(d)(4)(ii) regarding sce- nic enjoyment, this Deed provides for the preservation of land for the scenic enjoyment of the public. Preservation of the Property is important to maintaining the scenic character of the local rural landscape. The Property is visually accessible to the general public traveling along Colora- do State Highway 82 and West Buttermilk Road, as described above. The preceding three paragraphs concerning the open space character, wildlife habitat, and scenic qualities of the Property collectively represent the “Conservation Values” of the Property as such term is used throughout this Deed. These Conservation Values are of great importance to the Grantor, the people of Pitkin County, and the people of the State of Colorado. A collection of baseline data on the Property and its resources (the “Baseline Documenta- tion”) shall be prepared as soon as practicable following conveyance of this Conservation Ease- ment to Grantee. The Baseline Documentation shall be the property of and shall be deemed owned by the Grantee with a copy to be provided to the Grantor. The Grantor hereby grants Grantee or Grantee’s agent(s) access to the portions of the Property necessary in order to prepare the Baseline Documentation. The data and explanatory text, photographs and maps to be assem- bled in the Baseline Documentation is agreed by the parties hereto to provide an accurate repre- sentation of the Property at the time of this grant, notwithstanding the fact that the Baseline Doc- umentation will be prepared after the effective date of this grant, and the parties acknowledge that the Baseline Documentation will serve as an objective information baseline for monitoring compliance with the terms of this Conservation Easement. Grantee shall bear the expense of the preparation of the Baseline Documentation. The parties agree that, in the event a controversy arises with respect to the nature and ex- tent of the biological or physical condition of the Property, the parties shall not be foreclosed from utilizing all other relevant or material documents, surveys, reports, and other information to assist in the resolution of the controversy. The conservation purposes of this Deed are recognized by, and the grant of this Deed will serve, at least and without limitation, the following clearly delineated governmental conservation policies: § Colorado Revised Statutes §§38-30.5-101, 102, et seq., providing for the estab- lishment of conservation easements to maintain land “in a natural, scenic or open condition, or for wildlife habitat, or for agricultural * * * or other use or condition consistent with the pro- tection of open land having wholesome environmental quality or life-sustaining ecological di- versity, * * *.” § The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised Statutes §33-1-101, et seq., which provide that “it is the policy of the state of Colora- do that the wildlife and their environment are to be protected, preserved, enhanced, and man- aged for the use, benefit and enjoyment of the people of this state and its visitors.” P25 VI.b § The Pitkin County Land Use Code which states that the preservation of wildlife habitat and open space conforms with Policies 2-120 (Scenic Quality), 2-160 (Wildlife Man- agement), 2-280 (Compatibility with Public Lands), and 2-290 (Access to Public Lands). § Colorado Revised Statutes §38-30.5-102, provides for the establishment of conserva- tion easements to maintain land “in a natural, scenic, or open condition, or for wildlife habitat, or for agricultural * * * or other use or condition consistent with the protection of open land, envi- ronmental quality or life-sustaining ecological diversity.” § The Colorado Wildlife and Parks and Outdoor Recreation statutes, Colorado Revised Statutes §33-1-101 and §33-10-101, which provide, respectively, that “it is the policy of the state of Colorado that the wildlife and their environment are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and its visitors” and that “it is the policy of the state of Colorado that the natural, scenic, scientific, and outdoor recreation areas of this state are to be protected, preserved, enhanced, and managed for the use, benefit, and enjoyment of the people of this state and visitors of this state.” § The Colorado Department of Transportation statutes, Colorado Revised Statutes §43-1-401, et seq., provide that the “preservation and enhancement of the natural and scenic beauty of this state” is a substantial state interest. § The Western Governors' Association Policy Resolution 08-21 supports “voluntary in- centive based methods for preserving open space, maintaining land and water for agricultural and timber production, wildlife and other values.” The Grantee is a “qualified conservation organization” as defined by the IRC, and accepts the responsibility of enforcing the terms of this Deed and upholding its conservation purposes forever. Grantor intends that the property interest conveyed by this Deed to Grantee be for the ex- clusive purpose of assuring that, under Grantee’s perpetual stewardship, the Conservation Values of the Property will be conserved and maintained forever, and that uses of the land that are in- consistent with these Conservation Values or that would substantially diminish or impair the Conservation Values will be prevented or corrected. The parties agree, however, that non- motorized trail uses and improvements on the Property are consistent with the conservation pur- poses of this Deed. NOW, THEREFORE, for and in consideration of the facts recited above and of the mutu- al covenants contained herein, and for other good and valuable consideration, the receipt and suf- ficiency of which are hereby confessed and acknowledged, Grantor hereby grants and conveys to Grantees, and their assigns, a perpetual conservation easement in gross, pursuant to Section 38- 30.5-101, et seq., Colorado Revised Statutes, over, across and upon the Property, subject to the terms and conditions hereinafter set forth (the “Conservation Easement”). Grantees hereby acknowledge, accept without reservation and agree to be bound by the terms and conditions of this Conservation Easement. P26 VI.b 1. Purpose. It is the essential purpose of this Conservation Easement to preserve and protect, in perpetuity, the natural, ecological, wildlife habitat, open space, and scenic values (the Conservation Values) of the Property. To achieve this Purpose, Grantor intends to convey this Deed of Conservation Easement to Grantee to ensure that the Conservation Values of Property will be preserved and protected forever. Subject to the purpose of this Easement, Grantor and Grantee intend to permit only uses of the Property which do not substantially diminish or impair the Property’s Conservation Values and to prevent any use of the Property that will substantially impair or interfere with protecting the Property’s Conservation Values. It is the intent of the Grantor to preserve the Property in its scenic, natural, historic and open space condition to pre- serve the open space character, wildlife habitat, and scenic qualities of the Property. Notwith- standing the foregoing, nothing herein shall prohibit Grantor or the BOCC from developing a non-motorized, seasonal hiking and mountain biking recreational trail on, over or through the Property. 2. Rights of Grantee. To accomplish the purpose of this Deed the following rights are conveyed to Grantee by this Deed: A. To preserve and protect the Conservation Values of the Property; B. To enter upon the Property at reasonable times in order to monitor Gran- tor’s compliance with the terms of this Deed; provided that such entry shall be upon prior rea- sonable notice to Grantor, which shall typically be no less than forty-eight (48) hours’ advance notice, and Grantee shall not unreasonably interfere with Grantor’s use and quiet enjoyment of the Property; and C. To prevent any activity on or use of the Property that is inconsistent with the purpose of this Deed and to require the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 3. Permitted and Prohibited Uses. Grantor shall not perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants herein. Grantor hereby authorizes Grantee to enforce these covenants in the manner described below. However, unless otherwise specified, nothing in this Deed shall require Grantor to take any action to restore the condition of the Property after any fire, change in climate, act of God or other event over which Grantor had no control. Grantor understands that nothing in this Deed relieves Grantor of any obligation or restriction on the use of the Property imposed by law. A. Structures. The construction of any building or other structures, other than as specifically permitted under the terms of this Conservation Easement, is prohibited. B. Fences. Grantor may, but shall not be obligated to replace, repair or im- prove existing fences on the Property and erect new fencing provided such new or replaced fenc- ing is consistent with then-current Colorado Division of Wildlife (“CDOW”) guidelines for fenc- ing in a wildlife migration area and any applicable county regulations, so as to permit the move- ment of wildlife across the Property. Any disturbance to the Property that results from such fence maintenance or construction shall be reseeded and restored to as close to its prior condition as possible. P27 VI.b C. Subdivision. All partition, division, subdivision or de facto subdivision of title to the Property, whether by physical or legal process, is prohibited. The Property shall be conveyed only in its entirety. D. Development Rights. Grantor hereby grants to Grantee all development rights except as specifically reserved herein, and the parties agree that such rights are terminated and extinguished, and may not be used on or transferred off of the Property to any other property adjacent or otherwise. E. Conservation Practices. Grantor recognizes the importance of good re- source management and stewardship to maintain the Conservation Values for present and future generations. Grantor shall comply with and have responsibility for compliance of the Property with the Colorado Noxious Weed Act and any other governmental noxious weed control regula- tions. F. Timber Harvesting. Trees may be cut to control insects and disease, to prevent personal injury and property damage, for firewood and for other domestic uses, includ- ing construction of fences on the Property. G. Mining. The commercial mining or extraction of soil, sand, gravel, oil, natural gas, fuel, coal, or any other mineral substance owned by Grantor as of the date of this Deed or later acquired by Grantor, using any surface mining method is prohibited. H. Paving, Road & Trail Construction. No portion of the Property shall be paved or otherwise be covered with concrete, asphalt, or any other paving material. No addition- al road shall be constructed for access within the Property, for access to other adjacent proper- ties, or for other purposes, except for any unpaved road or trail on or permitted to hereafter be constructed on the Property. After reasonable notice to Grantee, any such road or trail permitted by this paragraph shall be constructed in a manner that does not substantially diminish or impair the Conservation Values of the Property. I. Trash. The dumping or accumulation of any kind of trash or refuse on the Property, other than farm-related trash and refuse produced on the Property, is strictly prohibited. However, this shall not prevent the storage of agricultural products and by-products on the Prop- erty in accordance with all applicable government laws and regulations. J. Recreational Uses and Improvements. No recreational building, structure or improvement, other than seasonal, non-motorized hiking and mountain biking trails, shall be built on the Property, including but not limited to, athletic fields, golf courses or ranges, race tracks, airstrips, helicopter pads, or shooting ranges. Use of the Property for more than “de minimis” commercial recreation activity is prohibited. The term “de minimis” shall have the meaning as set forth in § 2031(c)(8)(B), IRC, and the Treasury Regulations adopted pursuant thereto. Non-motorized recreational uses are permitted only if they are (i) not commercial; (ii) on a trail approved by the BOCC for non-motorized use; and (iii) conducted in a manner that would not substantially diminish the Conservation Values. K. Motorized Vehicles. Motorized vehicles may only be used for construction and maintenance of non-motorized hiking and biking trails and shall be used in a manner that P28 VI.b does not substantially diminish or impair the Conservation Values of the Property. There shall be no off-road vehicle courses for snowmobiles, all-terrain vehicles, motorcycles, or other motor- ized vehicles. Recreational use of motorized vehicles is prohibited. L. Commercial Uses/Hunting. No industrial or commercial uses shall be al- lowed on the Property. Moreover, no hunting is allowed on the Property. M. Signage or Billboards. No commercial signs, billboards, awnings, or ad- vertisements shall be displayed or placed on the Property, except for any trail signs if a trail is constructed on the Property, “no trespassing” signs, and signs informing the public of the status of ownership. No signs shall materially adversely affect the Conservation Values of the Property. 4. Rights Retained by Grantor. As owners of the Property, Grantor retains the right to perform any act not specifically prohibited or limited by this Deed. These ownership rights include, but are not limited to, the right to exclude any member of the public from trespassing on the Property and the right to sell or otherwise transfer the Property to anyone they choose. 5. Notice of Intention to Undertake Certain Permitted Actions. The purpose of re- quiring Grantors to notify Grantee prior to undertaking certain permitted activities is to afford Grantee an opportunity to ensure that the activities in question are designed and carried out in a manner consistent with the purpose of this Deed. Whenever notice is required, Grantors shall no- tify Grantee in writing not less than thirty (30) days prior to the date Grantors intend to undertake the activity in question. The notice shall describe the nature, scope, design, location, timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to make an informed judgment as to its consistency with the purpose of this Deed. 6. Grantee’s Approval. Where Grantee’s approval is required, Grantee shall grant or withhold its approval in writing within thirty (30) days of receipt of Grantor’s written request therefor. Grantee’s approval may be withheld only upon a reasonable determination by Grantee that the action as proposed would be inconsistent with the purpose of this Deed. Failure of Grantee to respond within the required thirty (30) days shall be deemed approval by Grantee. 7. Responsibilities of Grantor and Grantee Not Affected. Other than as specified herein, this Deed is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any existing obligation of Grantor as owner of the Property. Among other things, this shall apply to: A. Taxes. Grantor shall continue to be solely responsible for payment of all taxes and assessments before delinquency levied against the Property by competent authority (collectively “taxes”). If Grantee is ever required to pay any taxes or assessments on its interest in the Property, Grantor will reimburse Grantee for the same. B. Upkeep and Maintenance. Grantor shall continue to be solely responsible for the upkeep and maintenance of the Property, to the extent it may be required by law. Grantee shall have no obligation for the upkeep or maintenance of the Property. C. Liability and Indemnification. If Grantee is ever required to defend itself from claims or is required by a court to pay damages resulting from personal injury or property P29 VI.b damage that occurs on the Property, Grantor shall indemnify and reimburse Grantee for any such payment, as well as for reasonable attorney’s fees and other expenses of defending itself, unless Grantee or any of their agents have committed a negligent or deliberate act that is determined by a court to be a cause of the injury or damage. In addition, Grantee may request Grantor to war- rant that Grantee is and will continue to be an additional insured on Grantor's liability insurance policy covering the Property. If so requested, Grantor shall provide certificates of such insurance to Grantee upon reasonable request on an annual basis. 8. Enforcement. Grantee shall have the right to prevent and correct or require correc- tion of violations of the terms of this Deed. With reasonable advance notice to Grantor (except in the case of any ongoing or imminent violation, in which case such notice is not required), Grant- ee may enter the Property for the purpose of inspecting for violations. If Grantee finds what it believes is a violation, Grantee may, at its discretion, take appropriate legal action. Upon discov- ery of any such violation, the Grantee shall immediately notify Grantor in writing of the alleged violation. The Grantee shall give Grantor sixty (60) days to correct the alleged violation before filing any legal action. When an ongoing or imminent violation is causing material damage to or could irreversibly diminish or impair the Conservation Values of the Property, Grantee may, at its discretion, take appropriate legal action. If the parties cannot resolve the violation themselves, the parties may mutually agree to an alternative method of dispute resolution, such as meditation. If a court with jurisdiction determines that a violation may exist or has occurred, Grantee may obtain an injunction, temporarily or permanently, in addition to such other relief as the court deems appropriate. A court may also issue an injunction requiring Grantor to restore the Proper- ty to its condition prior to the violation. In any case where a court finds that a violation has oc- curred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including but not limited to reasonable attorneys’ fees. Any failure by Grantee to discover a violation or forbearance by the Grantee to exercise their rights under this Deed in the event of any breach of any term of this Deed by Grantor shall not be deemed or construed to be a waiver by Grantee of such term of any subsequent breach of the same or any other term of this Deed or of any of Grantee's rights under this Deed. No delay or omission by the Grantee in the exercise of any right or remedy upon any breach by the Gran- tor shall impair such right or remedy, or be construed as a waiver. The Grantor hereby waives any defense available to the Grantor pursuant to Colorado Revised Statutes §38-41-119, or the defense of laches, estoppel, or prescription. 9. Access. No right of access to the general public to any portion of the Property is conveyed by this Deed nor shall such a right ever be construed to have been conveyed by this Deed, except in the event that Grantor and BOCC may hereafter mutually agree to the installa- tion of a seasonal trail for non-motorized access across the Property. 10. Transfer of Easement; Requirement for Assignment or Enforcement. A. Transfer by Grantee. With the prior written consent of Grantor (which consent shall not be unreasonably withheld) Grantee shall have the right to transfer the easement created by this Deed and to assign its rights thereunder to any private nonprofit organization that, at the time of transfer, is a qualified organization under § 170(h), IRC, and under Colorado Re- vised Statutes §38-30.5-101, et seq., (a “Qualified Organization”), expressly agrees to assume P30 VI.b the responsibility imposed on Grantee by this Deed and agrees that the conservation purposes of this Deed will continue to be carried out. Notwithstanding anything in this paragraph to the con- trary, this Deed shall not be transferred by Grantee to any governmental entity or public agency without the consent of the Grantor, which consent shall be in Grantor’s sole discretion. If Grant- ee desires to transfer this Deed to a Qualified Organization having similar purposes as Grantee, but Grantor refuses to approve the transfer, a court with jurisdiction shall transfer this Deed to another Qualified Organization having similar purposes and mission as Grantee and that agrees to assume the responsibility of enforcing this Deed, provided that Grantor receives notice of and an opportunity to participate in the court proceeding. B. Transfer by Judicial Process. If the Grantee ever ceases to exist or is no longer a Qualified Organization, then the Deed shall be assigned to another Qualified Organiza- tion having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed. If the Grantee is no longer monitoring and enforcing the terms of this Deed to preserve and protect the Conservation Values of the Property, then the Grantor may apply to a court with jurisdiction for such court to transfer this Deed to another Qualified Organization having similar purposes that agrees to assume the responsibility imposed on Grantee by this Deed, provided that Grantee and Grantor receive notice of and an opportunity to participate in the court proceeding. 11. Transfer of the Property. Grantor shall notify Grantee in writing at least one week prior to the transfer of the Property, and the document of conveyance shall expressly refer to this Deed. Grantee shall have the right to record a document in the real property records in Pitkin County to put such third parties on notice of the requirements of this paragraph. Failure to pro- vide notice pursuant to this paragraph or such recorded document shall not invalidate any trans- fer of the Property. 12. Amendment of Deed. This Deed may be amended only with the express prior written consent of Grantee and Grantor by an instrument duly executed by Grantor and Grantee recorded in the real property records of Pitkin County, Colorado. Any such amendment shall be consistent with the purposes of this Deed and shall comply with § 170(h), IRC, or any regula- tions promulgated thereunder. Any such amendment shall also be consistent with Colorado Re- vised Statutes §38-30.5-101, et seq., or any regulations promulgated thereunder, and shall not affect the perpetual duration of this Deed. 13. Condemnation or Other Extinguishment. If the Property or Lot 1 of the Skybeam Ranch Subdivision (of which the Property is a part) is taken, in whole or in part, by exercise of the power of eminent domain, or if circumstances arise in the future that render the purpose of this Deed impossible to accomplish, this Deed can only be terminated or extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction. Each party shall promptly notify the other party in writing when it first learns of such circumstances. Grantor and Grantee stipulate that as of the date of this Deed, they are each vested with a real property inter- est in the Property. The Parties further stipulate that the Grantees’ interest in the Easement has a value of one-half of one percent (0.5%) of the fair market value of Lot 1 of the Skybeam Ranch Subdivision from this date forward, and such percentage interest shall remain constant in relation to any future fair market value of the Property. Such percentage interest shall be used only for determining the Grantees’ proportion of proceeds from any payment of damages or action result- ing from circumstances described in this paragraph when the Deed is extinguished; and shall P31 VI.b have no effect in any sale or transfer that does not extinguish this Deed. The Parties agree that the value of any improvements to the Property made by Grantor after the date of this Easement is reserved to Grantor. 14. Interpretation. This Deed shall be interpreted under the laws of the State of Colo- rado, resolving any ambiguities and questions of the validity of specific provisions so as to pre- serve the Conservation Values and give maximum effect to its conservation purposes. 15. Perpetual Duration. The easement created by this Deed shall be a servitude run- ning with the land in perpetuity. Every provision of this Deed that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear. A party's rights and obligations under this Deed termi- nate upon a permitted transfer of the party’s interest in this Deed or the Property, except that lia- bility for acts or omissions occurring prior to transfer shall survive transfer. 16. Notices. Any notices required by this Deed shall be in writing and shall be per- sonally delivered or sent by certified mail, return receipt requested, to Grantor, Grantee respec- tively at the following addresses, unless a party has been notified by the other of a change of ad- dress. Electronic delivery of notices shall also be deemed sufficient and considered delivered upon receipt of confirmation of delivery on the part of the sender: To Grantor: The Bryan and Emily Kelln Family Trust 501 West Buttermilk Road Aspen, CO 81611 To Grantee: Pitkin County County Manager 123 Emma Road #106 Basalt CO 81623 City of Aspen City Manager 130 South Galena St. Aspen, CO 81611 With Copies to: Pitkin County Attorney’s Office 123 Emma Road, Suite 204 Basalt CO 81621 Aspen City Attorney’s Office 130 South Galena St. Aspen, CO 81611 P32 VI.b 17. Grantor’s Title Warranty. Grantor warrants that Grantor has good and sufficient title to the Property and hereby promises to defend the same against all claims from persons claiming by, through or under Grantor. 18. Grantor’s Environmental Warranty and Indemnity. Grantor warrants that Grantor has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property and hereby promises to hold harmless, defend, and indemnify Grantee along with their respective members, directors, officers, employees, agents, contractors, successors, and as- signs against all litigation, claims, demands, penalties, and damages, including reasonable attor- neys’ fees, arising from or connected with any present or future presence or release of hazardous or toxic substances on, under, or about the Property. For the purposes hereof, “Hazardous Sub- stances” does not mean any typical agricultural chemicals such as herbicides and pesticides utilized on properties of this type in Pitkin County, provided that all such chemicals are used in accordance with applicable laws and manufacturer’s specifications. Without limiting the forego- ing, nothing in this Deed shall be construed as giving rise to any right or ability in Grantee, nor shall Grantee have any right or ability, to exercise physical or managerial control over the day- to-day operations of the Property, or otherwise to become an operator with respect to the Proper- ty within the meaning of The Comprehensive Environmental Response, Compensation and Lia- bility Act of 1980, as amended. 19. Subsequent Liens on the Property. No provisions of this Deed should be construed as impairing the ability of Grantor to use the Property as collateral for subsequent borrowing, provided that any mortgage or lien arising from such a borrowing shall be subordinate to this Deed. 20. No Merger. No merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Deed, unless the parties expressly state that they intend a merger of estates or interests to occur. 21. Recording. Grantee shall record this Deed in the official records of Pitkin County, and may re-record it at any time as may be required to preserve Grantee’s rights hereunder. 22. Subsequent Transfers. Grantor shall incorporate the terms and conditions of this Deed in any deed or other legal instrument by which it divests itself of any interest in all or a portion of the Property, including, without limitation, conveyance of a leasehold interest to a third party. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least one week prior to the date of such transfer. The failure of Grantor to perform any act re- quired by this paragraph shall not impair the validity of this Deed or limit its enforceability in any way; and failure of Grantor to provide notice pursuant to this paragraph shall not invalidate any transfer of the Property. 23. Liberal Construction. Any general rule of construction to the contrary notwith- standing, this Deed shall be liberally construed in favor of the grant to effect the purpose of this Deed and the policy and purpose of Colorado Revised Statutes §38-30.5-101, et seq. If any pro- vision in this instrument is found to be ambiguous, an interpretation consistent with the purpose of this Deed that would render the provision valid shall be favored over any interpretation that would render it invalid. P33 VI.b 24. Severability. If any provision of this Deed, or the application thereof to any per- son or circumstance, is found to be invalid, the remainder of the provisions of this Deed, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. 25. Entire Agreement. This Deed sets forth the entire agreement of the parties with re- spect to the easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the easement, all of which are merged herein. 26. No Forfeiture. Nothing contained herein will result in a forfeiture or reversion of Grantor’s title in any respect. 27. Successors. The covenants, terms, conditions, and restrictions of this Deed shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal rep- resentatives, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. 28. Termination of Rights and Obligations. A party’s rights and obligations under this Deed terminate upon transfer of the party’s interest in the easement or Property, except that lia- bility for acts or omissions occurring prior to transfer shall survive transfer. 29. Captions. The captions in this instrument have been inserted solely for conven- ience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. 30. Third Party Beneficiaries. This Deed is entered into by and between Grantor and Grantee, and does not benefit or create enforcement rights or responsibilities in any other third parties, including the general public. 31. Acceptance. As attested by the signature of an authorized party affixed hereto, Grantee hereby accepts, without reservation, the rights and responsibilities conveyed by this Deed. Grantee acknowledges receipt and acceptance of this Deed encumbering the Property for which no goods or services were provided. 32. Change of Conditions. A change in the potential economic value of any use that is prohibited by or inconsistent with this Deed, or a change in any current or future uses of neigh- boring properties, shall not constitute a change in conditions that makes it impossible or imprac- tical for continued use of the Property for conservation purposes and shall not constitute grounds for terminating the Deed. 33. No Land Use Approvals Imputed to Deed. The Grantor shall be solely responsible for compliance with applicable laws in regard to the exercise of rights reserved herein, and, noth- ing contained in this Deed is intended to represent a permit or land use approval by Pitkin Coun- ty. TO HAVE AND TO HOLD, this Deed unto Grantee, its successors and assigns, forever. P34 VI.b IN WITNESS WHEREOF, Grantor and Grantee, intending to legally bind themselves, have set their hands on the date first written above. GRANTOR: THE BRYAN AND EMILY KELLN FAMILY TRUST By: Bryan Kelln, Trustee By: Emily Kelln, Trustee STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by Bryan Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: __________________ Notary Public STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by Emily Kelln, as Trustee of the Bryan and Emily Kelln Family Trust. WITNESS my hand and official seal. My commission expires: __________________ Notary Public P35 VI.b ATTEST: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Jeanette Jones ______________________, Chair Deputy Clerk and Recorder DATE: APPROVED AS TO FORM: MANAGER APPROVAL: John Ely Jon Peacock County Attorney County Manager RECOMMENDED FOR APPROVAL: Gary Tennenbaum, Director Pitkin County Open Space and Trails STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by Jeanette Jones, as Deputy County Clerk of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: __________________ Notary Public P36 VI.b STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by ______________, as Chair of the Board of County Commissioners of Pitkin County, Colorado. WITNESS my hand and official seal. My commission expires: __________________ Notary Public P37 VI.b ATTEST: GRANTEE: CITY O F ASPEN, COLORADO By: Linda Manning Steve Skadron, Mayor City Clerk DATE: STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by Linda Manning, as City Clerk of the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: __________________ Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2018, by Steven Skadron, as Mayor of the City of Aspen, Colorado. WITNESS my hand and official seal. My commission expires: __________________ Notary Public P38 VI.b List of Exhibits A Property legal description B Map of the Property P39 VI.b RESOLUTION # 90 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONSERVATION EASEMENT BETWEEN THE CITY OF ASPEN, COUNTY OF PITKIN AND THE OWNERS OF SKYBEAM RANCH AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONSERVATION EASEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Conservation Easement between the City of Aspen, Pitkin County and the owners of Skybeam Ranch, a draft of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Conservation Easement between the City of Aspen, Pitkin County and Skybeam Ranch, in the form substantially the same as annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute the final agreement on behalf of the City of Aspen, subject to final approval of the City Manager, City Attorney and the Parks and Recreation Manager. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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, June 11, 2018. Linda Manning, City Clerk P40 VI.b Exhibit A Verena Mallory Trail Vicinity Map Verena Mallory Park Verena Mallory Trail Ü P41VI.c 1 MEMORANDUM TO: Mayor and City Council FROM: Austin Weiss, Parks and Open Space Director THRU: Jim True, City Attorney Sara Ott, Assistant City Manager Jeff Woods, Parks and Recreation Manager, DATE OF MEMO: June 7th, 2018 MEETING DATE: June 11th, 2018 RE: Verena Mallory Trail Easement CC: Steve Barwick, City Manager REQUEST OF COUNCIL: Staff is requesting that City Council approve the acquisition of the Verena Mallory Trail Easement which is being offered to the City, as co-owners with Pitkin County, by the Aspen Valley Land Trust as a resolution to legal issues regarding the existing Verena Mallory Trail. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Verena Mallory Trail was created in 1991 by Fritz Benedict as an alternative route into Hunter Creek Valley that avoided a portion of the very rocky Hunter Creek Trail that parallels Hunter Creek itself. This new route provided a better trail user experience for hikers, bikers and cross country skiers. In 1993, the Verena Mallory Park was created when Fritz Benedict donated the parcel to the Park Trust which went on to become the Aspen Valley Land Trust (AVLT). In 2014, City staff was researching potential trail connections along the flanks of Smuggler Mountain to the Verena Mallory Trail to provide an alternative route to Smuggler Mountain Road, from town into Hunter Creek. Through these discussions, the AVLT took a closer look at the deed for the entire Verena Mallory parcel and decided that they felt that the deed did not permit the existence of the Verena Mallory Trail and that the trail itself would need to be closed to the public and completely restored. P42 VI.c 2 In 2015, a local group called the “Friends of the Verena Mallory Trail Association, Inc.” filed a lawsuit to block the proposed closure of the trail. Since that time, the case has remained in litigation. DISCUSSION: The agreement that is submitted is proposed as a settlement to the litigation set forth above and the culmination of lengthy discussions between and among the City, the County and AVLT and the hard work of the members of and the pro bono attorney for the Friends of Verena Mallory Tail Association, Inc. The agreement will maintain a valuable asset for the community in a manner consistent with other trails that are jointly maintained by the City and County. FINANCIAL IMPLICATIONS: The City and the County would assume all financial responsibilities for the maintenance of the Verena Mallory Trail. The maintenance needs of the existing trail are minimal and can be absorbed in the existing available funding for all City trail maintenance. RECOMMENDED ACTION: Staff recommends that City Council accept the Verena Mallory Trail Easement as presented. ALTERNATIVES: City Council could choose not to accept the Trail Easement in which case discussions regarding the legal public access to the existing trail would continue unresolved. PROPOSED MOTION: “I move to approve Resolution #91, Series 2018, approving the Trail Easement with the Aspen Valley Land Trust for the Verena Mallory Trail.” CITY MANAGER COMMENTS:________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ATTACHMENTS: Exhibit A – Verena Mallory Trail Vicinity Map Exhibit B – Verena Mallory Trail Easement Exhibit C – Resolution #91 P43 VI.c RESOLUTION # 91 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A TRAIL EASEMENT BETWEEN THE CITY OF ASPEN AND THE COUNTY OF PITKIN AND THE ASPEN VALLEY LAND TRUST AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID TRAIL EASEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposed Trail Easement between the City of Aspen, Pitkin County and the Aspen Valley Land Trust, a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves the Trail Easement between the City of Aspen, Pitkin County and the Aspen Valley Land Trust, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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, June 11, 2018. Linda Manning, City Clerk P44 VI.c 1 TRAIL EASEMENT THIS GRANT OF TRAIL EASEMENT is made and entered into this day of ,2018,by and between Aspen Valley Land Trust (hereinafter referred to as “Grantor”),and the City of Aspen,Colorado,and Pitkin County,Colorado (hereinafter collectively referred to as “Grantee”),with the parties individually referred to as “Party”or collectively as “the Parties.” W I T N E S S E T H: WHEREAS,Grantor is the owner of certain real property located in Pitkin County, Colorado, as more fully described in Exhibit “A” and appended hereto (“Property”);and, WHEREAS,Grantor is desirous of granting to Grantee a certain perpetual trail easement over and across said real property under the terms and conditions hereinafter specified; and WHEREAS, Grantee is desirous of accepting said trail easement. NOW,THEREFORE,for and in consideration of the sum of Ten Dollars ($10.00)and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged,Grantor hereby grants and conveys to Grantee,its successor and assigns,the following trail easement as further described herein and subject to the following rights,terms, obligations, and reservations: 1.Grantor hereby grants,transfers,and conveys unto Grantee and its successors and assigns,for the use and benefit of the general public,a perpetual,non-exclusive easement in and to,upon,over,on,under,and across Grantor’s Property,which easement is described as a fifteen-foot (15’)wide strip of land,being seven and one half feet (7.5’)on either side of the centerline described and depicted on Exhibit “B”hereto (hereinafter,“Trail Easement”).The Trail Easement shall be for the installation,construction,operation,use,inspection,repair,and maintenance of one single trail over and across Grantor’s Property in the location set forth in Exhibit B (the “Trail Easement Area”).Use of the Trail Easement shall be exclusively non- motorized,except as may be required for maintenance and emergencies or otherwise provided in this instrument.The trail permitted within the Trail Easement Area (the “Trail”) shall be soft-surfaced,constructed of permeable materials,and shall not exceed two feet in width,except as necessary in isolated locations to minimize erosion and safety hazards. Additional details concerning the Trail’s management, occasional closures, and specifications are set forth herein,and may be further set forth in a management plan or Memorandum of Agreement (“MOA”) as necessary,which shall establish and control such details. 2.Grantee hereby accepts the condition of this Trail Easement in an “as is” condition, subject to the restrictions herein contained, and subject to all patent or latent defects or problems of any kind or nature.Such acceptance does not preclude improvement or maintenance activities within the Trail Easement insofar as such activities may be allowed or required by this Trail Easement. P45 VI.c 2 3.Trail Use Restrictions. (a)Public Use and Closures.Public use of the Trail Easement shall be exclusively for hiking,trail running,mountain biking (including as set forth in Section 3(b), below), Nordic skiing, snowshoeing, and other non-motorized recreational uses provided for in a management plan or MOA or, if none, as approved by Grantor, or as set forth in Section 3(b). No other uses or activities are permitted. Unless otherwise provided prohibited in a management plan or MOA, dogs shall only be permitted on the Trail Easement if they are on- leash. The monitoring and enforcement of these restrictions shall be the sole responsibility of the Grantee,though Grantor shall have the right to monitor such use and restrictions and request that Grantee take enforcement action if necessary.As determined by the Grantor and Grantee and set forth in a management plan or MOA,the Trail may be seasonally closed to public use to mitigate impact to wildlife in the area during sensitive times.. Grantee may also enact temporary or seasonal closures as necessary for Trail repairs and maintenance and for the protection of ecological resources within or adjacent to the Trail Easement Area,including,but not limited to,erosion control,soil stabilization,and vegetation management,as set forth in the management plan or MOA.The monitoring and enforcement of any use restrictions and temporary or seasonal closures shall be by Grantee. (b)Pitkin County Trail System.This Trail Easement is hereby declared to be part of the Pitkin County Trail System,and the Trail Easement and use of the Trail shall be governed by the rules and regulations and other provisions of Title XII of the Pitkin County Code,as said Title XII may be amended or re-codified from time to time,and such other statutes,rules or regulations that may be applicable from time to time,provided always that the provisions of this Trail Easement shall control wherever they are more restrictive than the provisions of applicable county code,statutes,rules or regulations. Notwithstanding anything to the contrary in this instrument,if Title XII of the Pitkin County Code or regulations adopted pursuant thereto are amended to allow electric motor pedal assist bicycles on dirt single track trails within the Pitkin County Trail system, Class I of such bicycles, defined under C.R.S. § 42-1-102 as pedal assist and providing electrical assistance up to 20 mph, may be allowed on the Trail. (c)Trail Easement Care and Maintenance.Grantee hereby assumes complete responsibility for the maintenance of the Trail Easement Area and agrees to care for and maintain the Trail and Trail Easement Area in a clean and attractive condition and in good and safe order and repair,at its sole cost and expense.Grantee’s maintenance responsibilities shall include,but not be limited to,trash and debris removal,keeping the Trail clear of undesired rocks,vegetation and other obstructions,Trail grooming as needed, improving or fixing eroded sections of the Trail and generally controlling erosion and water runoff from the Trail Easement Area,and general care and maintenance of the Trail Easement as may be set forth further in the management plan or MOA.Grantee agrees to use best care in the maintenance of the Trail and any improvements within the Trail Easement Area,and agrees to avoid damage to the land surrounding the Trail and Trail Easement Area and improvements thereon,and further agrees to promptly (and in no circumstance beyond thirty (30)days after damage)restore such land and improvements to the same or better condition they were in immediately prior to any damage to the Trail or Trail Easement Area. Grantor and Grantee agree to consider future re-alignments of the Trail if it is determined that the P46 VI.c 3 existing alignment of the Trail is detrimental to the ecological health of the Property, or detrimental to the intended uses of the Verena Mallory Trail. 4.In itial Trail Repairs and Erosion Control. The Parties acknowledge that the eroded condition of certain sections of the Trail at the time of this grant may require repair and maintenance work to stabilize the Trail,prevent erosion on surrounding hillsides,and improve public safety.Grantee agrees to evaluate the need for such repairs and maintenance as soon as practicable and undertake such work,if deemed necessary by Grantee and Grantor to prevent further damage to the Trail,the Trail Easement Area,and surrounding lands,at Grantee’s sole cost and expense as soon as practicable thereafter.Such plans for initial repairs and erosion control measures,if any,shall be approved by Grantor prior to implementation,which approval shall not be unreasonably withheld. 5.Signs.Grantor may place and maintain a sign or signs on the Property,including at or along the Trail.The size of the sign,and the location,design and content of such signs shall be at Grantor’s discretion and in accordance with applicable signage regulations.Grantor shall be responsible for the maintenance of any such signs.Grantee may also install and maintain signs to guide Trail access rules and regulations,and the Parties may agree to jointly install and maintain signs. 6.Management plan or MOA.This Trail Easement refers to a management plan or MOA,which,if prepared,shall be done at Grantee’s expense and mutually approved by the Parties.So long as the terms of this Easement are sufficient to guide the care,maintenance,and management of the Trail and Trail Easement,a management plan or MOA shall not be required; however, Grantor may request that Grantee prepare such management plan or MOA within a year from the date of request, or upon other mutually agreed timeline, should Grantor deem it reasonably necessary for (a)the protection of Grantor’s Property adjacent to or crossed by this Trail Easement,(b)the protection of ecological resources,or (c)the improved care and management of the Trail and Trail Easement,including seasonal closures.The management plan or MOA may be amended from time to time as appropriate upon mutual agreement of the Parties.The Parties acknowledge that any management plan or MOA,and any amendments thereto,must be approved by Grantee at a public meeting noticed in advance as required by applicable state and local laws. 7.Insurance and Liability.It is the intention of the Parties to make the Trail available to the public for the recreational purposes described above without charge and to limit the Parties’liability to persons entering thereon for such purposes.Grantee shall insure the Trail Easement granted herein and Trail Easement Area,and name Grantor as an additional insured on such policy with coverage of no less than $5 million per claim or occurrence.Nothing herein shall constitute a waiver of Grantee’s rights as provided in C.R.S. §§24-10-101,et seq.nor of Grantor’s rights pursuant to Colorado’s Recreational Use Statute, C.R.S.§33-41-103,the latter of which provides that an owner of land who either directly or indirectly invites or permits,without charge,any person to use such property for recreational purposes does not thereby:(a)extend any assurance that the premises are safe for any purpose; (b)confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; or (c) assume responsibility or incur liability for any injury to person or property or for the death of any person caused by an act or omission of such person.The Parties expressly acknowledge that this Trail Easement is granted for a “recreational purpose”under C.R.S.Section 33-41- P47 VI.c 4 101,et seq.,and that Grantor is entitled to the benefits,protections,and limitations on liability afforded by Colorado law governing recreational easements,including without limitation said Section 33-41-101,et seq.By granting this Trail Easement, Grantor shall have no obligation to repair, clear,or otherwise maintain the Trail Easement Area,or to insure or indemnify Grantee or the public for any injury,claim,or damage to any person or property, whether alleged to have occurred as a result of use of the Trail Easement for public non- motorized travel or any other use, or due to the condition of the Trail Easement Area. 8.Amendment.This Trail Easement may only be amended by a writing signed by Grantee and Grantor and recorded in the Pitkin County real property records. 9.Controlling Law.The interpretation and performance of this Trail Easement shall be governed by the laws of the State of Colorado. 10.Severability.If any provision of this Trail Easement,or the application thereof to any person or circumstance,is found to be invalid,the remainder of the provisions of this Trail Easement shall be deemed severable and remain in full force and effect. 11.Entire Agreement.This instrument sets forth the entire agreement between the Parties with respect to the Trail Easement and supersedes all prior discussions,negotiations, understandings,or agreements relating to the Trail Easement,all of which are merged herein. 12.No Forfeiture.Nothing contained herein will result in a forfeiture or reversion of Grantor’s title in any respect. 13.Joint and Several Obligation.The obligations imposed by this Trail Easement upon multiple Grantors and Grantees shall be joint and several. 14.Successors.The covenants,terms,conditions,and restrictions of this Trail Easement shall be binding upon,and inure to the benefit of,the Parties hereto and Grantor’s Grantee’s successors,transferees,and assigns,and shall continue as a servitude running with the land it burdens. 15.Termination of Rights and Obligations.A Party’s rights and obligations under this Trail Easement terminate upon transfer of the Party’s interest in the Trail Easement,except that liability for acts or omissions occurring prior to the transfer shall survive the transfer. 16.Captions.The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation if inconsistent with the underlying text. 17.Counterparts.The Parties may execute this instrument in two or more counterparts,which shall,in the aggregate,be signed by all the Parties;each counterpart shall be deemed an original instrument as against any Party who has signed it.In the event of an y disparity between the counterparts produced, the recorded counterpart shall be controlling. 18.Merger.Unless the Parties expressly state that they intend a merger of estates or P48 VI.c 5 interests to occur,no merger shall be deemed to have occurred hereunder or under any document executed in the future affecting this Trail Easement. 19.Annual Appropriation.No provision of this instrument shall be construed or interpreted:i)to directly or indirectly obligate Grantee to make any payment in any year in excess of amounts appropriated for such year;ii)as creating a debt or multiple fiscal ye ar direct or indirect debt or other financial obligation whatsoever within the meaning of Article X, Section 6 or Article X,Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision;or iii)as a donation or grant to or in aid of any person,company or corporation within the meaning of Article XI, Section 2 of the Colorado Constitution. 20.Authority to Execute.Each party represents to the other that such party has full power and authority to execute and deliver this Trail Easement, and perform its obligations under this Trail Easement,that the individual executing this Trail Easement on behalf of said party is fully empowered and authorized to do so,and that this Trail Easement constitutes a valid and legally binding obligation of said party enforceable against said party in accordance with its terms. IN WITNESS WHEREOF,the parties hereto have executed the foregoing on the day and year above first given. GRANTOR: ASPEN VALLEY LAND TRUST, a Colorado nonprofit corporation By: Suzanne F. Stephens,Executive Director STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing instrument was acknowledged before me this day of , 2018, by Suzanne F.Stephens, Executive Director of Aspen Valley Land Trust, a Colorado nonprofit corporation. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: P49 VI.c 6 ACCEPTED BY: GRANTEE: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado, a body corporate and politic By: Patti Clapper, Chairman STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing document was acknowledged before me on this _____day of , 2018, by ,Chairman of the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado, a body corporate and politic. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: CITY OF ASPEN,Colorado, a body corporate and politic By: STATE OF COLORADO ) )ss. COUNTY OF PITKIN ) The foregoing document was acknowledged before me on this ____day of ,2018, by , of CITY OF ASPEN,Colorado,a body corporate and politic. WITNESS my hand and official seal. [SEAL] Notary Public My commission expires: P50 VI.c 7 EXHIBIT A Property Legal Description A parcel of land situated in Sections 6 and 7, Township 10 South, Range 84 West of the 6th P.M., Pitkin County, Colorado, more fully described as follows: Beginning at the southwest corner of Lot 1, said Section 7, a found 1978 brass cap; Thence N 00°01’00” E 939.51 fee; Thence S 89°59’00” W 260.14 feet; Thence N 04°00’00” W 139.10 feet; Thence East 86.69 feet; Thence N 53°15’00” E 136.72 feet; Thence N 60°00’00” E 88.78 feet; Thence N 81°00’00” E 273.48 feet; Thence S 82°30’00” E 137.50 feet; Thence 70°30’00” E 113.05 feet; Thence 55°15’02” E 105.34 feet; Thence S 69°00’00” E 89.32 feet; Thence South 16.41 feet; Thence S 86°42’10” W 366.54 feet; Thence S 26°47’00” W 115.00 feet; Thence South 500.00 feet; Thence S 06°02’01” E 447.14 feet; Thence S 89°49’00” W 316.11 feet to the point of beginning, containing 10.00 acres, more or less. P51 VI.c 1 MEMORANDUM TO: Mayor and City Council FROM: John D. Krueger-Director of Transportation THRU: Barry Crook-Assistant City Manager DATE OF MEMO: June 1, 2018 MEETING DATE: June 11, 2018 RE: Resolution #79, Series of 2018 - Battery Electric Bus Program-Letter of Financial Commitment REQUEST OF COUNCIL: Staff is requesting approval of Resolution #79 series 2018 authorizing the City Manager to sign a Letter of Financial Commitment between the Roaring Fork Transportation Authority (RFTA) and the City of Aspen for the City’s financial contribution toward the joint Battery Electric Bus (BEB) Zero Emission Program in the amount of approximately $1,841,235. PREVIOUS COUNCIL ACTION: Council has expressed support for battery electric transit technology via the Short-Range Transit Plan, Integrated Transportation System Plan and Upper Valley Mobility Study processes. In addition, Council has been supportive of the technology as a member of the RFTA Board and Elected Officials Transportation Committee. Council also rode on several of the electric bus demonstrations held in Aspen. P52 VI.d 2 BACKGROUND: The City of Aspen and RFTA staff have been working on a Battery Electric Bus (BEB) program for the past three years. It began with extensive research on BEBs and the potential for them to operate in a ski resort. In the winter of 2017 three bus manufacturers were invited to Aspen to provide a demonstration of their bus system abilities. Proterra, BYD and New Flyer responded and provided a bus for City, RFTA staff and elected officials to ride and evaluate. City Council rode on the Proterra and New Flyer buses around town on City routes. City and RFTA staff rode on the BYD bus demo. The buses performed positively in the Aspen and Snowmass area. City and RFTA staff then developed operational data and route simulation information for bus manufacturers to model to determine how and if BEBs could operate in the Aspen, Snowmass and upper valley area. This data was used and discussed at the Battery Electric Bus workshop held in May of 2017. The City of Aspen and RFTA staff conducted the workshop at the Aspen Institute. Staff invited bus manufacturers, vendors, operators, staff from RFTA, the City, Pitkin County and the Town of Snowmass. The BEBs were discussed and evaluated in detail at the workshop. Based on the positive discussions and conclusions at the workshop that BEBs could operate successfully in the Aspen and upper valley, RFTA and City staff took the next step and issued a Request for Proposals (RFP) for a bus manufacturer to partner on a Federal Low or No Emission Program (Low-No) grant application for battery electric low or no emission buses. RFTA received proposals from CTE/Gillig, Proterra and New Flyer. New Flyer was determined to be the most responsive and responsible bidder and was selected to partner with RFTA on the Low-no grant and battery electric bus program. The eight zero-emission battery electric buses will be used in a pilot program on City and other routes in the upper valley area. It will be important for the City and RFTA to gain experience with the range, charging operation and maintenance of these buses. As a pilot program RFTA and the City will work closely with New Flyer. DISCUSSION: RFTA with the City of Aspen and New Flyer as partners applied for the Federal Low or No emission grant program in 2017. The original grant application was for $3.9 million. The competition for the grant funding was much tougher than in previous years with many more applications. Because of the increased competition and the number of applications for Low No funds the funding was spread out over more recipients and RFTA was only awarded $751,531 in funding. P53 VI.d 3 Because of the lower-than-anticipated Low-No funding, RFTA and City staff began to work on other funding solutions. The Elected Transportation Officials Committee (EOTC) committed $500,000 to the BEB program. RFTA worked with the State of Colorado on combining statewide FASTER grant funding and Senate Bill 228 funding to help make up some of the Low-No funding shortfall. The City of Aspen and RFTA’s contribution toward the BEB program was also increased. A new funding plan was developed with all the partners as shown below: For the BEB program to proceed RFTA is requesting a Letter of Financial Commitment from the City of Aspen. The Letter of Commitment will commit the City of Aspen as one of the funding sources for the program. The letter will be included in the RFTA board packet for its June 14 meeting when the RFTA board will consider the program for approval. The letter will also be part of the funding package considered by CDOT in the grant funding programs and New Flyer in its contract with RFTA. New Flyer is the largest bus manufacturer in North America and was founded in 1930. It has over 50 years of experience in manufacturing zero emission buses (ZEBs) and introduced its first battery electric bus in 2012. New Flyer has delivered over 6,400 buses powered by electric motors and batteries in North America. Cost Item Quantity Unit Cost Total Cost 40-foot Battery Electric Buses (BEB) 8 1,031,000$ 8,248,000$ Charging Stations (two each included in cost of the bus) -$ Infrastructure Installation 1 208,000$ 208,000$ Total Estimated Cost N/A N/A 8,456,000$ Sources of Funding Committed Total Elected Officials Transportation Committee Yes 500,000$ FY18/19 Statewide FASTER Grant/SB 228 Grant/LoNo Yes 4,273,531$ RFTA FASTER Grant Local Match Yes 1,068,383$ Additional RFTA Funding 772,852$ Subtotal RFTA Funding 1,841,235$ City of Aspen 1,841,235$ Total BEB Funding 8,456,000$ Battery Electric Bus Funding Plan P54 VI.d 4 The New Flyer bus to be purchased for the BEB program is the Xcelsior Charge. It is powered by an electric motor with rechargeable batteries. The batteries, inverters and electric motors come with a 12-year warranty. The bus has a range of up to 260 miles on a single charge (based on testing). It is a zero-emission bus and saves 100-160 tons of greenhouses gases per year compared to a diesel bus. The bus has significant noise reduction internally and externally. The Xcelsior bus weighs about 8% less than a diesel bus. It gets a diesel equivalent of about 20 mpg. This translates into big fuel savings over the 12-15-year life of the bus. Because the bus has no engine, transmission, intake or exhaust, fewer belts, filters and less fluids maintenance savings can also be obtained over the life of the bus (see attached brochure). FINANCIAL/BUDGET IMPACTS: The City Transportation fund has $2,4000,000 budgeted for bus replacements in 2019 that will be used for the City’s contribution of approximately $1,841,235 toward the BEB program. This is equal to the RFTA contribution of $1,841,235 which is equal to the local match ($1,068,383) plus the additional RFTA funding ($772,852). RFTA would purchase the battery electric buses and then invoice the City for its contribution upon delivery of the vehicles in 2019. The City’s contribution is subject to annual appropriation and approval by City Council. The RFTA board will review the BEB program at its June 14 board meeting. If approved RFTA will place the order with New Flyer. The date for the delivery of the buses will be determined by New Flyer based on its manufacturing schedule. The lead time for the buses is about 10-14 months which would place the delivery and expenditure in 2019. ENVIRONMENTAL IMPACTS: Operating battery electric and zero emission buses in Aspen and the upper valley will help to reduce noise and greenhouse gases. Zero emission battery electric buses would be a big step in supporting Aspen’s Climate Action Plan goals and continuing its role as a leader in environmental stewardship. RECOMMENDED ACTION: Approve Resolution #79 series 2018 for the approval of the Letter of Financial Commitment between the City of Aspen and RFTA for City’s financial contribution toward the Battery Electric Bus pilot program. ALTERNATIVES: If Council does not approve the Letter of Financial Commitment the City of Aspen will not be part of the Battery Electric Bus pilot program and will continue to operate existing diesel buses until other arrangements can be made to obtain replacement buses. PROPOSED MOTION: “I move to approve Resolution #79 series 2018 authorizing the City Manager to sign the Letter of Financial Commitment between the City of Aspen and the Roaring Fork P55 VI.d 5 Transportation Authority for contributing approximately $1,841,235 to the joint zero- emission battery electric bus program.” CITY MANAGER COMMENTS: ________________________________________________________________________ ATTACHMENTS: Attachment A: New Flyer Bus Brochure Attachment B: Resolution #79 Attachment C: Letter of Funding Commitment P56 VI.d ATTACHMENT B RESOLUTION #79 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LETTER OF FINANCIAL COMMITMENT BETWEEN THE CITY OF ASPEN AND THE ROARING FORK TRANSPORTATION AUTHORITY, AUTHORIZING THE CITY MANAGER TO EXECUTE SAID LETTER ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Letter of Financial Commitment between the City of Aspen and the Roaring Fork Transportation Authority (RFTA), which letter serves as a financial commitment by the City to contribute approximately $1,841,235.00 toward the purchase of eight battery electric buses, chargers and charging infrastructure installation. The City’s contribution of approximately $1,841,235 being subject to annual appropriation and approval by City Council. A true and accurate copy of the Letter of Financial Commitment is attached hereto as “Exhibit A” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Letter of Financial Commitment, between the City of Aspen and the Roaring Fork Transportation Authority, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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, June 11, 2018. Linda Manning, City Clerk P57 VI.d P58 VI.d New Flyer has 50 years of experience manufacturing zero-emission buses, has delivered over 6,400 buses powered by electric motors and batteries in North America, and is the only bus manufacturer to offer all three types of zero emission propulsion systems - battery-electric, fuel cell-electric and trolley-electric. P59 VI.d It’s bright ahead. P60 VI.d How it works KEY BENEFITS Xcelsior CHARGE™ uses an electric motor powered by energy stored in rechargeable batteries. ENERGY STORAGE SYSTEMS • Industry-leading range capability from 100 kWh to 818 kWh of electricity • USA Battery Suppliers - XALT Energy and A123 Systems • Battery configuration available for long-range depot charging and on-route high-power charging • Monitored by a sophisticated battery management system for added protection, longevity and charging efficiency • Available with fuel cell range extenders • Thermal management for maximum battery life in rapid charge applications and extreme ambient temperatures ELECTRIC DRIVE SYSTEM • Siemens high-efficiency PEM (permanent magnet) traction motor • Direct drive - No transmission required, reducing cost, weight, maintenance and propulsion complexity • Supplies three-phase alternating current (AC) power to drive the traction motor by converting direct current (DC) power from the batteries • Regenerative braking while decelerating recharges the batteries, reducing energy consumption and extending range FUNCTIONALITY & ACCESSIBILITY • Improved traction and gradeability (powered center and rear axles comes standard on XE60 and an optional high-gradeability motor is available on all lengths) • Smart Rider™ provides computer- controlled motion reduction offering a smoother ride and smoother leveling and height adjusting when stationary • Flatlander™ wheelchair ramp that is integrated with Smart Rider achieves a 1:6 slope ratio with a self-leveling feature that can withstand up to 1000lbs • Industry-leading passenger carrying capacity BATTERIES ENERGY STORAGE SYSTEM (ESS)ELECTRIC HEATING, VENTING AND AIR CONDITIONING (HVAC ) TRACTION MOTOR (NO TRANSMISSION REQUIRED) ELECTRIC POWER STEERING UNIT DRIVE AUXILIARY SYSTEM/ POWER ELECTRONICS BATTERY COOLING SYSTEM XE40 MODEL ENERGY COSTS Save up to $400,000 in fuel costs over the 12-year life of the bus. Actual savings will depend on regional energy costs and charging methods. FUEL ECONOMY Highest passenger per mile fuel economy of any zero-emission vehicle based on FTA Altoona fuel economy test protocol. QUIET Electric motors emit very little external noise making for a greater rider experience. MAINTENANCE COSTS With no engine, transmission, intake or exhaust, customers can save up to $125,000 in maintenance costs over 12 years. ENVIRONMENT Reduction of 100 - 160 tons of greenhouse gas per year compared to a 40’ diesel bus and 75 - 110 tons compared to a 40’ diesel-hybrid bus. P61 VI.d Charging New Flyer offers multiple Energy Storage Systems (ESS) and charging solutions so customers can develop the right ESS and infrastructure solution for their needs. ON-ROUTE CHARGING The on-route rapid charger provides the means for the electric bus to stay in service 24 hours daily. To charge, the bus stops underneath the charger and the pantograph makes contact with the charge bars. RANGE CAPABILITY Xcelsior CHARGE™ has a range of up to 260 miles (418 km)* on a single charge, but with on-route, charging range is unlimited. PLUG-IN CHARGING Plug-in chargers are available as a supplement or alternative to on-route rapid chargers and can be used for overnight, mid-day and off-route charging. Charging can be initiated from either the charger user panel or the bus, but will only begin once all programmed safety conditions are met. A full charge requires 3.9 hours for a 492 kWh ESS. RAPID CHARGE CONFIGURATION FULLY COMPLIANT WITH OPPCHARGE AND SAE CHARGING PROTOCOLS. SIX MINUTES OF RAPID RECHARGE TIME WITH A 300KW CHARGER EQUALS ONE HOUR OF OPERATION. 12-YEARCOMPREHENSIVE BATTERIES, INVERTERS ANDELECTRIC MOTORS CONNECT AT NO ADDITIONAL CHARGE ® XCELSIOR CHARGE™ IS INTEROPERABLE WITH CHARGING SYSTEMS AVAILABLE FROM SIEMENS, CHARGEPOINT (COMING SOON) AND ABB * Range per FTA Altoona test protocol - HVAC off WARRANTY AVAILABLE ON P62 VI.d ALL-ELECTRIC ACCESSORIES The air compressor and air conditioning compressors are electrically powered. DC power is converted to AC power and is supplied to each of these major systems separately. This allows each system to operate more reliably and efficiently, with minimum power consumption. The bus also has a converter to supply 24-volt DC power for power steering, interior fans, lights, electric doors (optional) and other accessories. BUILT FOR ACCESSIBILITY Xcelsior CHARGE™ has best-in-class carrying capacity - up to 83 total (40 seated and 43 standees). Additional best-in-class accessibility features include an improved step height, an expanded door width and the best entry ramp ratio (1:6) in the industry for passengers with mobility devices. All electric SUPPORTED BY NEW FLYER OF AMERICA’S NETWORK OF PART DISTRIBUTION AND SERVICE CENTERS. P63 VI.d zero emissions. 35’ 40’ 60’ MEASUREMENTS Length 36’ 3” (11.05m) over bumpers; 41’ 0” (12.50m) over bumpers; 60’ 10” (18.54m) over bumpers; 35’ 5” (10.80m) over body 40’ 2” (12.24m) over body 60’ 0” (18.29m) over body Width 102” (2.6m) 102” (2.6m) 102” (2.6m) Roof Height 11’ 1” (3.3m) over charging rails 11’ 1” (3.3m) over charging rails 11’ 1” (3.3m) over charging rails Step Height 14” (356mm) 14” (356mm) 14” (356mm) Front step height (kneeled) 10” (254mm) 10” (254mm) 10” (254mm) Interior height – floor to ceiling 79” (2m) over front and rear axle; 79” (2m) over front and rear axle; 79” (2m) over front and rear axle; 95” (2.4m) mid-coach 95” (2.4m) mid-coach 95” (2.4m) mid-coach Tire Size 305/70R22.5 305/70R22.5 305/70R22.5 Wheelbase 226.75” (5.8m) 283.75” (7.2m) 229” (5.8m) front / 293” (7.4m) rear PROPULSION Motor Siemens ELFA2 Electric Drive System Siemens ELFA2 Electric Drive System Siemens ELFA2 Electric Drive System Standard or Optional High Gradeability Motor Standard or Optional High Gradeability Motor ZF AVE130 In-Wheel Motor Center Drive Axle Standard or Optional High Gradeability Motor PASSENGER CAPACITY (*Based on 150kWh ESS configuration) Seats Up to 32* Up to 40* Up to 61 (with one exit door)* Standees Up to 33* Up to 43* Up to 62 (with one exit door)* ACCESSIBILITY * Doors 2 2 2 or 3 (option for up to 5 doors) Wheelchair Accessibility 32” (813mm) wide, 1:6 slope 32” (813mm) wide, 1:6 slope 32” (813mm) wide, 1:6 slope Flip out NFIL ramp, front door Flip out NFIL ramp, front door Flip out NFIL ramp, front door Wheelchair Locations 2 - front location, rear location also 2 - front location, rear location also 2 - front location, rear location also available (other options available) available (other options available) available (other options available such as bridge plates) WEIGHT (approximate weights; *varies with ESS configuration) Curb Weight 29,300 lb (13,290 kg)* 30,500 lb (13,835 kg)* 45,500 lb (20,638 kg)* APPROACH ANGLE Approach/departure/breakover angles 90/90/120 90/90/90 90/90/120 (front) 90 (back) TURNING RADIUS (body, with aluminum wheels; *varies with wheel type) Turning radius 39’ (11.9m)* 44’ (13.4m)* 44’ (13.4m)* MAIN COMPONENTS Floor Marine Grade Plywood Floor Marine Grade Plywood Floor Marine Grade Plywood Floor Optional Composite Floor Optional Composite Floor Optional Composite Floor Composite Rear Interior Step Composite Rear Interior Step Composite Rear Interior Step Tarabus, Altro, RCA Floor Covering Tarabus, Altro, RCA Floor Covering Tarabus, Altro, RCA Floor Covering Electrical System Parker Vansco Parker Vansco Parker Vansco Cooling System electric cooling fans electric cooling fans electric cooling fans HVAC Thermo King RLFE Thermo King RLFE Thermo King RLFE (front) TE15 (rear) Axles MAN VOK 07 front disc brakes MAN VOK 07 front disc brakes MAN VOK 07 front disc brakes, ZF AVN 132 center disc brake MAN HY-1350 rear disc brakes, MAN HY-1350 rear disc brakes, MAN HY-1350 rear disc brakes, single reduction axle single reduction axle single reduction axle ENERGY STORAGE SYSTEM OPTIONS Rapid Charge 100 kWh, 150 kWh. 200 kWh 100 kWh, 150 kWh, 200 kWh 250 kWh Long Range Charge 280 kWh, 454 kWh 280 kWh, 454 kWh, 545 kWh 640 kWh, 818 kWh P64 VI.d newflyer.com It’s bright ahead. BUY AMERICA COMPLIANT AND PROUD TO EMPLOY MORE AMERICAN WORKERS THAN ANY OTHER BUS MANUFACTURER IN NORTH AMERICA. P65 VI.d June 1, 2018 Dan Blankenship Chief Executive Officer Roaring Fork Transportation Authority 2307 Wulfsohn Road Glenwood Springs, CO 81601 RE: City of Aspen Letter of Financial Commitment Battery Electric Bus Program Dan, The City of Aspen is pleased to support the Roaring Fork Transportation Authority and City of Aspen (RFTA) Battery Electric Bus (BEB) program. As a partner in this joint effort the City of Aspen will contribute approximately $1,841,235.00 toward the BEB program. The City of Aspen’s contribution will go toward the purchase of eight battery electric buses, chargers and charging infrastructure installation. The City’s share of approximately $1,841,235.00 is subject to annual appropriation and approval by the City Council. These buses will be used in a pilot program on local City of Aspen routes and other routes in the upper Roaring Fork Valley. Please accept this letter as a financial commitment by the City of Aspen toward the Battery Electric Bus Program as authorized by resolution #79 series 2018 as approved by the City Council at its regular meeting held on June 11, 2018 and signed by the Aspen City Manager. Sincerely, Stephen H. Barwick City Manager City of Aspen, Colorado P66 VI.d Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Tyler Christoff P.E., Deputy Director of Utilities Ron Christian, Electric Superintendent THRU: Dave Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: June 4, 2018 MEETING DATE: June 11, 2018 RE: Resolution #92, Series of 2018 - On-call electric excavation services contract approval for Stutsman Gerbaz Earthmoving, Inc. REQUEST OF COUNCIL: Staff requests Council approval of the on-call electric excavation services contract. Staff recommends awarding this contract to Stutsman Gerbaz Earthmoving, Inc. BACKGROUND: The electric utility has historically utilized on-call contracting services to assist staff with primary cable faults and street light circuit repairs. These around the clock services are critical to the timely and safe resolution to these operational emergencies. During electric fault response trained and licensed City staff require additional resources to complete a timely repair. Additional expertise and equipment associated with utility excavation, roadway repair, and traffic control is a critical addition to City crews. A quick, skillfully executed repair by staff and an on-call contractor minimizes life and property risks as well as the possibility of an extended impact to the public. DISCUSSION: The City proposes utilizing contract services to reduce risk, augment staff, and provide the most efficient and timely settlement of electric faults repairs. This type of resolution ensures the highest level of service to our customers and community. Two professional services proposals were received by city staff. Proposals from Excavation Services and Stutsman Gerbaz Earthmoving were received and reviewed independently by a panel of two city staff members. P67 VI.e Page 2 of 2 Stutsman Gerbaz Earthmoving proposal was selected based on responsiveness to the criteria set forth in the Request for Proposals. In making this evaluation, project staffing, specialty work experience, customer service, and general on-call responsiveness were used to assess and recommend this vendor. Stutsman Gerbaz Earthmoving, Inc has experience in various City of Aspen, and other municipal, utility infrastructure projects. Past performance associated with these projects has proven Stutsman Gerbaz Earthmoving, Inc. to be a conscientious and consummate professional. Staff recommends that it is in the City’s best interests to award the contract to this vendor. FINANCIAL IMPLICATIONS: Staff intends to use these contract services as needed. Based on historical data staff anticipates around 6 repairs annually. Individual repair cost vary depending on size, scope, and season among other factors. Staff have budgeted the following funding based on running average, construction cost escalation, and contingency. The proposed project funding and expenditures are outlined below: Projected Expenditures Anticipated 2018 electric fault repairs $ 60,000.00 Contingency $ 10,000.00 TOTAL EXPENDITURES $ 70,000.00 Funding Budgeted 2018 Electric System Replacement (acct #431.323.57210.50766) $200,000.00 TOTAL FUNDING $200,000.00 ENVIRONMENTAL IMPACTS: Stutsman Gerbaz Earthmoving, Inc has worked hand in hand with City staff to quickly and safety repair and return electric infrastructure to service after a failure. This quick and professional resolution minimizes customer outages, community impact and potential for damage to other assets. RECOMMENDED ACTION: Staff requests Council approval for the on-call electric excavation services contract. Staff recommends awarding this contract to Stutsman Gerbaz Earthmoving, Inc. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A – Resolution -- Contract Award for On-call electric excavation services Exhibit B – Contract Agreement – Stutsman Gerbaz Earthmoving, Inc P68 VI.e RESOLUTION #92 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND STUTSMAN GERBAZ EARTHMOVING, INC. AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for On- call electric excavation services between the City of Aspen and Stutsman Gerbaz Earthmoving, Inc., a true and accurate copy of which is attached hereto as Exhibit “A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for On-call electric excavation services between the City of Aspen and Stutsman Gerbaz Earthmoving, Inc., a copy of which is annexed hereto and incorporated herein and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June, 2018. Steven Skadron, Mayor I, Linda Manning, 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, June 11, 2018. Linda Manning, City Clerk P69 VI.e P70VI.e P71VI.e P72VI.e P73VI.e P74VI.e P75VI.e P76VI.e P77VI.e P78VI.e P79VI.e P80VI.e P81VI.e Page 1 of 2 MEMORANDUM TO: Mayor and City Council FROM: Ryland French, Resource Efficiency Administrator THRU: CJ Oliver, Director of Environmental Health & Sustainability DATE OF MEMO: 6/4/2018 MEETING DATE: 6/11/2018 RE: Resolution #89, Series of 2018 - Contract for irrigation efficiency assessments and retrofits. REQUEST OF COUNCIL: Approval of resolution #89, series 2018 for contract between the City of Aspen and Irrigation Analysis for irrigation efficiency assessment and retrofit services. PREVIOUS COUNCIL ACTION: · No previous council action. BACKGROUND: Water conservation is a value of the City of Aspen, as demonstrated by efforts of several City departments. Each year, staff of the Environmental Health and Sustainability department create and implement water conservation programs serving the community and the City of Aspen and its utility customers. Irrigation is the largest source of use of the Aspen water utility’s treated water and associated raw water, and the irrigation season in Aspen corresponds to the months when the utility, customers and local creeks and rivers stand to realize the largest benefits from water conservation, particularly in the early fall. Therefore, the majority of the water conservation programs of the City of Aspen focus on irrigation efficiency, in the form of participatory programs and behavior change outreach programs. In May of 2018, Aspen City Council declared a Stage 1 Water Shortage at the recommendation of Utility staff due to below average snowpack conditions. The Stage 1 Water Shortage requires water conservation efforts at City properties and for a water conservation public education campaign, as well as for increased utility rates for customers’ whose volume of water use reaches the highest tiers of the utility’s tiered rate structure. Effectively, the Stage 1 declaration reinforces the need for the existing water conservation programs of the City of Aspen, and calls for additional participation in those programs. The City of Aspen has provided irrigation efficiency assessment programs to the community since 2013. In 2017, the program was revamped to include a focus on engaging with significant irrigation users in the community, the addition of equipment retrofits, and to also include assessments of City properties. Irrigation Analysis was contracted by the City in 2017 for these services. In 2017, participation included 27 single family residential properties, 2 multifamily properties, and 9 City properties. The 2018 program aims to serve 40 residential properties, 1 multifamily property, and 15 City properties, while aiming to capitalize on assessment participation with more installations of high efficiency equipment. The 2018 program P82 VI.f Page 2 of 2 also includes an expanded public outreach campaign, focusing on awareness and behavior change. Irrigation Analysis through this contract will provide the described assessment and retrofit services, as well as consulting services on the outreach campaign. DISCUSSION: The scope of work for this contract includes: · Irrigation efficiency assessments at City of Aspen parks, and at the properties of customers of the City of Aspen water utility · Hardware improvements at utility customer properties such as smart irrigation controllers, rain sensor shut off devices, and high-efficiency spray nozzles · Irrigation efficiency consulting services such as educational seminars and regularly updated recommendations for the Aspen community on appropriate lawn watering frequency and duration based on weather conditions. FINANCIAL/BUDGET IMPACTS: Contract amount not to exceed $35,000. This contract will be funded by the existing annual water efficiency budget which is funded by water utility rate payers. SUSTAINABILITY IMPACTS: Water efficiency achievements can translate to increased flow rates in local creeks and rivers. Water efficiency achievements can translate to decreased storm water treatment demand, which can positively impact macroinvertebrate populations in the Roaring Fork River. RECOMMENDED ACTION: Approve the contract for irrigation efficiency services. ALTERNATIVES: Council could forego approving the contract, and the irrigated properties would not receive assessments or equipment retrofits. P83 VI.f RESOLUTION #89 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND IRRIGATION ANALYSIS AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for Irrigation Efficiency Assessments and Retrofits between the City of Aspen and Irrigation Analysis, a true and accurate copy of which is attached hereto as Exhibit “ A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for irrigation efficiency assessments and retrofits between the City of Aspen and Irrigation Analysis a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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, June 11th, 2018. Linda Manning, City Clerk P84 VI.f Agreement Professional Services Page 0 CITY OF ASPEN STANDARD FORM OF AGREEMENT V 2009 PROFESSIONAL SERVICES City of Aspen Contract No.: 2018-047. AGREEMENT made as of 29th day of May, in the year 2018. BETWEEN the City: Contract Amount: The City of Aspen c/o Environmental Health 130 South Galena Street Aspen, Colorado 81611 Phone: (970) 920-5079 And the Professional: Irrigation Analysis c/o Doug Smith 9499 High Cliffe Street Highlands Ranch, CO 80129 Phone: 303-471-7377 For the Following Project: Irrigation Efficiency Assessments and Retrofits Exhibits appended and made a part of this Agreement: The City and Professional agree as set forth below. If this Agreement requires the City to pay an amount of money in excess of $25,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. City Council Approval: Date: ___________________________ Resolution No.:___________________ Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Total: $35,000.00 P85 VI.f Agreement Professional Services Page 1 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 from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than December 15, 2018. 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. 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 the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this Agreement is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this Agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors’ officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 6. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. P86 VI.f Agreement Professional Services Page 2 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, to the extent and for an amount represented by the degree or percentage such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the wrongful act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any 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. P87 VI.f Agreement Professional Services Page 3 (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 ONE MILLION DOLLARS ($1,000,000.00) for each accident, ONE MILLION DOLLARS ($1,000,000.00) disease - policy limit, and ONE MILLION DOLLARS ($1,000,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of TWO MILLION DOLLARS ($2,000,000.00) each occurrence and TWO MILLION DOLLARS ($2,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate with respect to each Professional's owned, hired and non- owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the requirements of this Section shall be met by each employee of the Professional providing services to the City under this contract. (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. P88 VI.f Agreement Professional Services Page 4 (d) The certificate of insurance provided to the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty (30) days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $350,000.00 per person and $990,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 10. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 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 or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 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. P89 VI.f Agreement Professional Services Page 5 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. Illegal Aliens – CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. “Basic Pilot Program” means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. “Public Contract for Services” means this Agreement. “Services” means the furnishing of labor, time, or effort by a Contractor or a subcontractor not involving the delivery of a specific end product other than reports that are merely incidental to the required performance. (c) By signing this document, Professional certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and P90 VI.f Agreement Professional Services Page 6 (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (iv) Professional shall not use the Basic Pilot Program procedures to undertake pre-employment screening of job applicants while the Public Contract for Services is being performed. (v) If Professional obtains actual knowledge that a subcontractor performing work under the Public Contract for Services knowingly employs or contracts with a new employee who is an illegal alien, Professional shall: (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. P91 VI.f Agreement Professional Services Page 7 (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional’s violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply with the provisions of CRS 24-76.5-101 et seq., and (3) shall produce one of the forms of identification required by CRS 24-76.5-103 prior to the effective date of this Agreement. 16. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; P92 VI.f Agreement Professional Services Page 8 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 17. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 18. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. 19. Electronic Signatures and Electronic Records This Agreement and any amendments hereto may be executed in several counterparts, each of which shall be deemed an original, and all of which together shall constitute one agreement binding on the Parties, notwithstanding the possible event that all Parties may not have signed the same counterpart. Furthermore, each Party consents to the use of electronic signatures by either Party. The Scope of Work, and any other documents requiring a signature hereunder, may be signed electronically in the manner agreed to by the Parties. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic documents, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. P93 VI.f Agreement Professional Services Page 9 CITY OF ASPEN, COLORADO: PROFESSIONAL: ________________________________ _ ________ [Signature] [Signature] By: _____________________________ By:_Doug Smith___________________ [Name] [Name] Title: ____________________________ Title: __Owner_____________________ Date: ___________________ Date: __May 31, 2018_________________ Approved as to form: _______________________________ City Attorney’s Office P94 VI.f Agreement Professional Services Page 10 EXHIBIT A PROFESSIONAL SERVICES AGREEMENT Detailed description of irrigation assessment approach The Irrigation System Evaluation and Assessment involves in depth information gathering and analysis of site specific irrigation system data including: system functionality and the readily discernable irrigation and landscape factors. We then will provide a detailed system report with specific water conserving recommendations and priorities to improve irrigation system efficiency and reduce overall irrigation water usage. Irrigation Analysis will provide a cost estimate for the recommended repairs and system efficiency upgrades. We will observe every station in operation, note any visible inefficiencies and make zone by zone recommendations for water conservation improvements. An expected Return On Investment (ROI) will be determined and included based on past water usage, expected water savings and the cost of the recommended water saving improvements and upgrades for each HOA or City property. We will also collect the current programming and scheduling information at the time of our inspection. Irrigation Analysis will not make any system adjustments or change any controller programming and will advise the customer and/or manager if any immediate issues or concerns arise or are found during our work. This is a full system inspection and evaluation of irrigation zones that operate from the controller(s), there is no guessing, extrapolating, or partial sampling of the subject irrigation systems. Drip irrigation zones will be checked for any obvious issues, but typically cannot be inspected in detail due to their subsurface nature. A base schedule and precipitation rates for each zone will be calculated and provided to the City of Aspen. Inclusions: · Site visits as necessary to collect data on existing irrigation system. · The operation and inspection of every station on every controller. · General overview of system condition · Recommended system improvement · A detailed spreadsheet style report of every station and controller with the recommended improvements and associated costs, including but not limited to: ✓ Leaks and Breaks including heads and nozzles ✓ Overspray ✓ Poor coverage ✓ Low head drainage ✓ Nozzle and sprinkler conditions P95 VI.f Agreement Professional Services Page 11 ✓ Controller and sensor observations ✓ Estimated cost of upgrades · Various site photos depicting typical conditions found as well as specific problems. · Additional water savings opportunities as/if appropriate · Create Zone Maps for all known/found/operating controllers and stations. (Additional if desired on large users. · Historical and future water use projections. * · Return on investment (ROI) calculation, if requested. * Residential Program Setup: · Collaborate with City of Aspen to create a Residential Light Irrigation Audit informational flyer or electronic piece. City of Aspen to produce the final piece(s). · Create a Customer Light Irrigation Evaluation informational piece. · Create and set up the City of Aspen Residential Light Audit Report Template · Create or source and provide the Recommendations Explanations and “How to’s” for typical Irrigation Efficiency Recommendations for use by the customer. · Create and setup a Resource Sheet: Description of what generally to buy and what not to buy, Listing of nearby Suppliers, and Sources for Additional Water Efficiency and Savings Information. · Create a Call to Action Page and list Next Steps to Saving Water. · Above information/work product to be reviewed and approved by City of Aspen prior to delivery to City of Aspen water customer. Customer Evaluations and Reports: · Schedule the Irrigation System Evaluation with the customer when notified by City of Aspen and provided with customer contact information. · Perform the scheduled Light System Evaluation on the date scheduled. · Create the Customer Light Evaluation Report · Provide the Customer and City of Aspen with the Light Evaluation report and supporting documents (see above). Program Synopsis: · At the end of the season, provide a brief recap of the Program including: how the program was received and any feedback that was provided by customers, what seemed to work and what, if anything did not work and/or needs improvement, ideas for next season, etc. · Meet with City of Aspen to review/discuss the Residential Evaluation Program Please let us know if you have any questions or concerns with these and know that we will work out the finer details of each in a pre-project meeting(s) with those involved from the City of Aspen. P96 VI.f Agreement Professional Services Page 12 Scheduling: Scheduling will be based on demand from the Residential/Residents and Large Property owner/manager and scheduled with the appropriate City Parks and other staff. As outlined in the RFP, Irrigation Analysis will reach out directly to some of the high use residential users to try to schedule assessments with/for them. We will need the City’s support, contact information and water use data for these customers/properties/ locations. We would expect that the City will help to drive customers into the Saving Aspen Water program too via word of mouth, billing ads/inserts, newspaper articles, interviews, outreach, etc. Irrigation Analysis will help and contribute to the City’s marketing effort as needed and appropriate. IA is not specifically taking responsibility for filling our schedule though we will support and help to do so. General Scheduling Requests will be via website, email, or voicemail request and available 24 hours per day. IA will contact the customers to schedule and confirm the specific appointments. At this point, we are planning to cluster schedule our assessment and any other work, most likely we will be trying to pre-schedule sets of mid-week days each month, June- September. We will discuss scheduling dates with the City of Aspen. Most of the work will be performed Monday-Friday, between 7am and 5pm unless otherwise agreed to. Onsite, Field Assessments: Once scheduled, the assigned IA staff will communicate with the property owner, manager, or City contact for each site and then conduct/perform the Assessment and Data Collection. We will attempt to automatically operate every known and active irrigation zone on each system. We will note any non-working zones, however the task of troubleshooting non-operable zones in not in this scope of work. Non-operational zones and drip zones will count towards the total of zones audited. Drip zones will be checked for indication of leaks and water waste, but their exact condition or function can often not be confirmed. We will immediately notify the contact of any active leaks or water loss or other major issues, so they can attend to the item/issue promptly. These items will still be noted in our report. We will provide the Residential customers with a Residential Irrigation Assessment – FAQ/Information Page: What to expect so that they can easily understand the program. We will discuss the process and water smart tips with the Homeowners at the initial site visit, however, due to the scheduling of other evaluations it is difficult to spend a lot of extra time during the assessment to explain everything or to answer a lot of extra questions. We will follow up with any additional questions following delivery of the report. Large Users and City Properties will be coordinated, but are not expected to need the Assessment explanation. The scheduling for this will be done directly with the managing contact. The systems must be pressurized, operational, and access at the scheduled time to P97 VI.f Agreement Professional Services Page 13 the irrigation controllers. We will need system access password and login and/or wi-fi login information for Smart Controllers. Catch Cup Audits or Distribution Uniformity (DU) calculations are not anticipated or included in this scope of work. Though we could provide these if desired. The catch cup audits are time consuming and fairly tedious to perform and though they look impressive and technical (which they are), they don’t identify the irrigation inefficiency issues, only the areas with poor coverage. IA will check controller programming, but will not change any controller programming unless specifically requested by the customer or City. Controller programming is not currently in IA’s primary task/scope: this is the ongoing responsibility of the controllers’ owner or operator and we/IA cannot be held responsible for any controller programming, issues, or changes. This being stated and understood, IA can do some simple, basic re-programming of controllers if requested. Reports: Each of these will all share similar aspects: report on our findings from running through each irrigation system and recommendations for Irrigation Efficiency Improvements, if needed. We will rank/rate the Overall System Condition and relative System Efficiency. System Mapping is available, but not included at this time. Residential: These are intended to be short, simple, easy to understand reports geared toward residents and their property manager/staff to utilize to save water. Specific system efficiency recommendations will be provided. These will be delivered as soon as possible and within 14 days of the Assessment. Large Property: These reports will provide the same information as the Residential Reports, but will be much larger, more detailed, and comprehensive for understanding and use by multiple stakeholders: owners, property managers, irrigation system managers, residents, etc. System Mapping is recommended for larger systems, but not included at this time. It is possible that larger residential systems may qualify for the Large Property Assessment format. City Parks and other Properties: An overall summary report will be provided for these, but site specific detail and information will be provided too. We are trying to be meaningful, efficient, and non-redundant in providing useable, actionable system and efficiency information and recommendations. A Year End Summary Report(s) will be provided to the City of Aspen for each of these Assessment groups. Follow-up: P98 VI.f Agreement Professional Services Page 14 In addition to the Year End Summary Report, IA will be available to answer follow up Questions. P99 VI.f Agreement Professional Services Page 15 EXHIBIT B PROFESSIONAL SERVICES AGREEMENT Fee Schedule 5.1. Residential · Preferred: Content for use in targeted and community wide outreach to foster participation · Preferred: Directly outreach (phone or email) to up to 20 potential community participants (residential or HOA) · Required: Participant enrollment services through email, phone, and/or online platform. The three tasks listed above are all included in the Residential Outreach & Enrollment Program Setup fee of $850 Preferred: Regular irrigation controller scheduling recommendations for the Aspen area Irrigation Analysis will research and prepare weekly watering schedules based on actual and forecasted weather data in the Aspen area. This information will be published in a newsletter type format that would be emailed to participants and will include Smart Watering tips and recommended watering guidelines. Fee for program set up and execution $3,495 Required: Residential Assessments: Cost per irrigation zone Evaluations with Reports for up to 10 stations/zones: $255 each plus $7 for every additional station/zone beyond the included 10 zones. This task is priced as a minimum of 10 stations to cover costs and expenses for the scheduling, complete evaluation and report, and follow up. E.g. a property with only 2 zones could not be done on a per zone basis of $25.50 each zone for $51 total. Required Residential Installations Cost per installed rain sensor There are numerous rain sensors available, both wired and wireless. We do not have a particular preference, however have found that the Rain Bird wireless rain freeze sensor is well received from end users for the visual interface display. Rain Bird WR2RFC Wireless Rain Sensor installed $198 Wi-Fi controller There are many Wi-Fi controllers available in the marketplace today. Irrigation Analysis has experience with a majority of them and based on this experience, the P100 VI.f Agreement Professional Services Page 16 following controllers are recommended for this installation. The recommended Wi-Fi controller is Rain Bird ESP-Series with LNK module. Rain Bird ESP-TM2 w LNK Wi-Fi – 8 station controller installed $382 Rain Bird ESP-TM2 w LNK Wi-Fi – 12 station controller installed $517 Rain Bird ESP-Me w LNK Wi-Fi – 16 station controller installed $589 Alternatively, another good Wi-Fi controller option is the HydroRain B-Hyve HRC400 which is available in two station configurations: 8 station and 16 station. HydroRain B-Hyve HRC400 – 8 station controller installed $270 HydroRain B-Hyve HRC400 – 16 station controller installed $310 These controllers offer a physical user interface on the controller for programming access in addition to the smartphone or tablet app. Also, please note that there are currently no Wi-Fi based controllers in the residential market that supports flow sensing, as per the City of Aspen Water Efficient Landscaping Standards. If other brands or models are desired, please provide the features needed for more accurate pricing. Pricing will be adjusted for controllers requiring more than 16 stations. Cost per installed high efficiency irrigation head The cost for this item varies widely depending on the type and manufacturer of the head and nozzle. Based on our experience with the City of Aspen retrofits, we are making the assumption that this line item is relating to the replacement of the nozzles onto existing heads. If this is not the case, please provide detailed requirements for the features required for the head replacements for accurate pricing. The pricing below includes a high efficiency nozzle, installation and adjustments. No sprinkler body (head) is included. Rain Bird HE-VAN Spray Nozzle- 5-15’ radius $5.09 Toro Precision Spray Nozzle - 5-15’ radius $7.88 Rain Bird R-VAN Rotary Spray Nozzle - 8'-24' radius $11.65 Hunter MP Rotator Rotary Spray Nozzle - 14-35' radius $13.90 Required: HOA Installations Cost per installed rain sensor There are numerous rain sensors available, both wired and wireless. We do not have a particular preference, however have found that the Rain Bird wireless rain freeze sensor is well received from end users for the visual interface display. Rain Bird WR2RFC Wireless Rain Sensor installed $198 P101 VI.f Agreement Professional Services Page 17 Cost per installed Wi-Fi controller There are many Wi-Fi controllers available in the marketplace today. Irrigation Analysis has experience with a majority of them and based on this experience, the following controllers are recommended for this installation. The recommended Wi-Fi controller for this is the Rain Bird ESP-Series with LNK module. Rain Bird ESP-TM2 w LNK Wi-Fi – 8 station controller installed $382 Rain Bird ESP-TM2 w LNK Wi-Fi – 12 station controller installed $517 Rain Bird ESP-Me w LNK Wi-Fi – 16 station controller installed $589 Alternatively, another good Wi-Fi controller option is the HydroRain B-Hyve HRC400 which is available in two station configurations: 8 station and 16 station. HydroRain B-Hyve HRC400 – 8 station controller installed $270 HydroRain B-Hyve HRC400 – 16 station controller installed $310 These controllers offer a physical user interface on the controller for programming access in addition to the smartphone or tablet app. Also, please note that there are currently no Wi- Fi based controllers in the residential market that supports flow sensing, as per the City of Aspen Water Efficient Landscaping Standards. If other brands or models are desired, please provide the features needed for more accurate pricing. Pricing will be adjusted for controllers requiring more than 16 stations. Cost per installed high efficiency irrigation head The cost for this item varies widely depending on the type and manufacturer of the head and nozzle. Based on our experience with the City of Aspen retrofits, we are making the assumption that this line item is relating to the replacement of the nozzles onto existing heads. If this is not the case, please provide detailed requirements for the features required for the head replacements for accurate pricing. The pricing below includes a high efficiency nozzle, installation and adjustments. No sprinkler body (head) is included. Rain Bird HE-VAN Spray Nozzle- 5-15’ radius $5.09 Toro Precision Spray Nozzle - 5-15’ radius $7.88 Rain Bird R-VAN Rotary Spray Nozzle - 8'-24' radius $11.65 Hunter MP Rotator Rotary Spray Nozzle - 14-35' radius $13.90 City of Aspen Parks Required: City of Aspen parks assessments: Cost per irrigation Zone Pricing per site/location Number of Stations First 48 Stations ** Next 48 Stations Over 96 Stations Cost per station $58 $52 $48 P102 VI.f Agreement Professional Services Page 18 Example: A property with 51 stations would be billed at 24 stations @ $58, 24 stations @ $52 and 3 additional stations @ $48 for a total of $2,784 for the site. ($54.58 average per station) ** Minimum $1,000 per Audit There is a $1,000 minimum for auditing per round of audits or visit for project work due to travel, mobilization, and per diem expenses. Additional Required Tasks Required: Follow up to community participants A follow up email to each residential participant will be sent within 30 days following the delivery of the initial irrigation evaluation report. The email will be in a questionnaire type format to understand the overall satisfaction of the homeowner or manager regarding the evaluation process and the comfort level operating the system. Additional opportunity will be provided to ask questions and or provide comments. No Charge Required: Reports provided to City of Aspen on overall results, findings, trends, recommendations etc. with in-person review of reports with City of Aspen staff Overall Program Summary/Synopsis – Preparation of Final Report and Meeting: $640 P103 VI.f MEMORANDUM TO: Mayor and City Council FROM: Linda Manning, City Clerk THROUGH: Sara Ott, Assistant City Manager DATE OF MEMO: June 6, 2018 MEETING DATE: June 11, 2018 RE: Resolution #93, Series of 2018 – Operating Agreement between the City of Aspen and WeBops for the Wheeler Opera House Liquor License SUMMARY: Resolution #93, Series of 2018 outlines the terms and conditions for the operations of the liquor license at the Wheeler Opera House. REQUEST OF COUNCIL: Staff is requesting Council approve Resolution #93, Series of 2018. BACKGROUND: City Council approved Resolution #145, Series of 2017 in November of last year authorizing the Belly Up to provide operation, staffing and management of the Wheeler Opera House Bar and storage areas. DISCUSSION: Since then city staff has been in communication with the Colorado Department of Revenue regarding the liquor license for the Wheeler Opera House and we have determined the preferred method for this arrangement would require both entity names on the liquor license. Belly Up has formed a new LLC, WeBops and a new operating agreement has been drafted but the essential language from the original agreement has remained. A liquor license transfer application is in process to transfer the license from the City of Aspen to the City of Aspen and WeBops. P104 VI.g RESOLUTION #93 (Series of 2018) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN OPERATING AGREEMENT BETWEEN THE CITY OF ASPEN AND WEBOPS, LLC AUTHORIZING THE CITY MANAGER TO EXECUTE SAID OPERATING AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council an operating agreement for continued operation of the Wheeler Bar and other designated areas pursuant to a tavern license between the City of Aspen and WeBops, LLC a true and accurate copy of which is attached hereto as Exhibit “ A”; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for continued operation of the Wheeler Bar and other designated areas pursuant to a tavern license between the City of Aspen and WeBops, LLC a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 11th day of June 2018. Steven Skadron, Mayor I, Linda Manning, 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 June 11, 2018. Linda Manning, City Clerk P105 VI.g P106 VI.g P107 VI.g P108 VI.g P109 VI.g P110 VI.g P111 VI.g P112 VI.g P113 VI.g P114 VI.g P115 VI.g Regular Meeting Aspen City Council May 29, 2018 1 SPECIAL ORDERS OF THE DAY ............................................................................................................. 2 CITIZEN COMMENTS ............................................................................................................................... 2 CITY COUNCIL COMMENTS ................................................................................................................... 3 CITY MANAGER REPORTS ..................................................................................................................... 3 BOARD REPORTS ...................................................................................................................................... 4 CONSENT CALENDAR ............................................................................................................................. 4  Resolution #83, Series of 2018 – Approval of Stipulations in Maroon and Castle Creek Conditional Water Storage Rights Diligence Cases (16CW32128 and 16CW3129) ....................................................... 4  Resolution #78, Series of 2018 – Vertiba Building Permit Management Contract Extension ............. 4  Resolution #81, Series of 2018 – Aspen Mountain Tank to Little Nell Pump Station Waterline Request for Contract Approval ..................................................................................................................... 4  Resolution #85, Series of 2018 – Steep Terrain Mower ....................................................................... 4  Resolution #82, Series of 2018 – Aquatic Score Board ........................................................................ 4  Minutes – May 14, 2018 ....................................................................................................................... 4 ORDINANCE #12, SERIES OF 2018 .......................................................................................................... 4 ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget .......................................................... 5 ORDINANCE #14, SERIES OF 2018 – Code Amendment – Harassing Wildlife ...................................... 5 P116 VI.h Regular Meeting Aspen City Council May 29, 2018 2 At 5:00 p.m. Mayor Skadron called the regular meeting to order with Councilmembers Myrin, Mullins and Frisch present. SPECIAL ORDERS OF THE DAY Historic Preservation Awards – Amy Simon, Sarah Yoon, Jeffrey Halferty and Councilwoman Mullins presented the Awards to: 110 E Bleeker Street Owner: Doug and Kendall Knaus Developer: Aspen Starwood, LLC Architect: Kim Raymond Architects Contractor: Sherlock Homes Construction Engineer: Riverstone Structural Concepts Mason: Mountain West Masonry and Stone LLC Painter: Swedish Painting Company 229 W. Smuggler Avenue Owner: David and Marsha Dowler Architect: CCY Architects Contractor: Koru LTD Landscape Architect: bluegreen Interiors and Owner’s Representative: Cheryl Troxel, Nablo/Troxel Design Structural Engineer: KL&A Land Planner: Haas Land Planning Legal Counsel: Sherman & Howard 211/215 E Hallam Street Owner: Nora Berko, Howie Mallory, Mirte Mallory and Philip Jeffreys Architect: Harry Teague Architects Contractor: Crystal Springs Builders Engineer: Resource Engineering Group, Inc Landscape Architect: Connect One Design Land Planner: Stan Clauson Associates, Inc Elisabeth Paepcke Award presented to the Aspen Historical Society for the remodel of the archives The Welton Anderson Design Award was presented to Harry Teague CITIZEN COMMENTS 1. Janice Vos Caudill, Pitkin County Clerk and Recorder, told the Council ballots drop next week. This is the first election unaffiliated voters will be allowed to vote in the primary. Next week, Monday all ballots will drop. Democrats and republicans will receive their ballots. Unaffiliated voters will receive both major party ballots. Pick one, vote one, return one. If you return both ballots voted you will disqualify yourself. Go to pitkinvotes.com if you have questions. Return your ballot early. Early returns on election night will be shortly after 7 with the first upload. Councilman Myrin said if you receive both and return both you are disqualified. If you return both can you clear that up. Ms. Vos Caudill replied, no it will be disqualified. When we open those we need to record your preference. Unaffiliated voters who return a ballot will be recorded in the state wide system. After the election that preference will be eliminated in the system. Going forward, you will receive two ballots in the mail. 2. Rob Ittner, owner of Rustique, cooking school of Aspen, soon to open the cottage, and restaurant seat to aspen chamber as well as running for county commissioner in November. He said he P117 VI.h Regular Meeting Aspen City Council May 29, 2018 3 talked to the mayor about staffing. It has always been challenging. He said he has never seen staffing challenges like we are seeing today. There are a number of restaurants that are operating with a deficit of staffing. It is one of the most crucial aspects as a governing body we need to be looking at other than sales tax dollars. I don’t have the solutions but think it needs to be on the forefront to making a sustainable environment. He does not think we have the housing market or employee base to sustain. It will be more and more challenging to keep things affordable in this market. Councilwoman Mullins said once you get staff is turnover a problem. Mr. Ittner said at least half my staff has been with me 12 plus years. It is a balance between off and on season and transition of staff. Feast and famine. Seasonality and the turnover of businesses is the biggest effect. Councilman Myrin said council has limited the double dipping for new buildings for mitigation. This council has phased out the exemption for existing commercial development. A lot of this comes because people kept asking for housing variances. There are little things we are chipping at. A mitigation rate of less than 100 percent doesn’t make sense to me. Lobbying on legislation changes is probably where you could be most helpful. 3. Toni Kronberg said she wrote a letter to the editor on bucket list projects. She asked council to add the outside swimming pool area to the ARC plans. She brought up the study for the aerial connection from Brush Creek to Aspen again. She said she has always been a supporter of new city offices just not at the proposed location. She said to buy any piece of property for new city offices except where the current proposal is and she will support it. 4. Will Rousch said there is a consent item to approve documents to move water rights out of the Castle Creek valleys. He would encourage you to vote yes on those. He thanked council and staff for all the work to get here. Your commitment to the future of the Aspen water supply and environment has been wonderful. He thanked Dave and Margaret for all the work that has gone into this. 5. Lee Mulcahy said he is an artist. He brought in more signatures for a peaceful resolution. This will bring it to over 950. CITY COUNCIL COMMENTS Councilwoman Mullins said the CML annual meeting is in June. She will be attending the three day meeting in Vail. We will be hosting the district 12 meeting in October. She led the kids parade last Thursday. It was a great time. She also attended the Memorial Day service in Conner park. It was great to see the youngest and oldest residences in three days. Councilman Myrin said he is curious to hear from Lee or staff if there were other residences in similar situations as Lee who missed a deadline and treated similarly. Good to hear about the historical society remodel. It is a model the city could consider for city hall if we have the opportunity. For city hall, if we could wait to November to start construction if would be appreciated. Council should talk about the carrying capacity issue. Rob spoke about it a little today. It is critical for us to understand that balance. Councilman Frisch said there is something to be said about long term planning. We can talk more about it at the retreat. Hats off to Dick Merritt. It is an unpayable debt to all those who paid their life and those who served. Hats off to Amy and the whole HP team for all the work that gets done. Thanks to everyone who served, won awards and the team. Mayor Skadron thanked Dick Merritt and Dan Gliden for bringing us together year after year. Because of them we will never forget those who served. CITY MANAGER REPORTS Trish Aragon, engineering, gave an update on the bridge. We announced last week the August start up will be the 20th. We are in phase 3 work right now. The project will create a safe corridor for all users including drivers and busses. It is much more than just a trail project. This phase will stop June 12th. We will still be working outside of traffic. There will be 2 way traffic over the bridge. P118 VI.h Regular Meeting Aspen City Council May 29, 2018 4 BOARD REPORTS Councilman Frisch said the Nordic board is working on possible stages of early snow making at the Moore family lots. We are very well aware there are water and environmental issues. We are kicking around different ideas. CONSENT CALENDAR Councilman Frisch asked for an update on where we are with the water cases. Dave Hornbacher, utilities, said we are going through the process with the water referee. One of the current deadlines are responses with remaining opposes by June 1st. We have come to agreements with several opposes and they are included in the packet tonight. Those not in today’s packet will have formal responses and we will see how they respond. Jim True, city attorney, said we are working with the attorneys with the remaining opposes. There has been good progress in the last week. Cindy Covell is working closely with them. The resolution would authorize us to proceed and execute stipulations if they are similar to the ones in the packet today. Councilman Frisch said to keep up the progress. Councilwoman Mullins said I never supported giving up any of the conditional water rights. Because of the questions and persistence of the community we have come up with a much better plan. The other part that concerned me was we are now talking about 8,500 acre feet opposed to 14,000. Again because of the community pressure we recalculated the needs and came up with the 8,500 feet, which is what we need resulting in less storage. Thank you to the community and the groups that pushed us to find a solution. Mr. Hornbacher said Will was up here earlier and the parties have really tried to work collaborately towards a solution. Councilman Myrin said it goes back to carrying capacity and how do all these things fit together. What is the snowmaking expansion for the trails. How do we balance all of this in the long term planning conversation. He would like us to have those conversations. It was suggested to him by a voter for the city to replace all the high flow toilets with low flow ones in employee housing. · Resolution #83, Series of 2018 – Approval of Stipulations in Maroon and Castle Creek Conditional Water Storage Rights Diligence Cases (16CW32128 and 16CW3129) · Resolution #78, Series of 2018 – Vertiba Building Permit Management Contract Extension · Resolution #81, Series of 2018 – Aspen Mountain Tank to Little Nell Pump Station Waterline Request for Contract Approval · Resolution #85, Series of 2018 – Steep Terrain Mower · Resolution #82, Series of 2018 – Aquatic Score Board · Minutes – May 14, 2018 Councilman Frisch moved to approve the Consent Calendar; seconded by Councilman Myrin. All in favor, motion carried. ORDINANCE #12, SERIES OF 2018 – Spring Budget – Component Unit Funds: APCHA, Smuggler and Truscott Phase II Pete Strecker, finance, stated this is the operational carry forward for PCs and work stations. This also includes one capital project for $65,000 at Truscott 2. Mayor Skadron open the public comment. There was none. Mayor Skadron closed the public comment. Councilwoman Mullins moved to adopt Ordinance #12, Series of 2018; seconded by Councilman Frisch. Roll call vote. Councilmembers Mullins, yes; Frisch, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. P119 VI.h Regular Meeting Aspen City Council May 29, 2018 5 ORDINANCE #7, SERIES OF 2018 – Spring Supplemental Budget Mr. Strecker stated what is included is mostly carry forward. Capital is 70 percent. The State requires readoption of carryforward. 10 percent is requests that have come before council since the start of 2018. 3 percent is for new request. There have been a few changes since first reading, all decreases. There has been one late approval for an item already seen by council related to broad band included with this request. For the increase to grass roots, Rebecca responded that we pay them roughly $50,000 and the $5,600 is on top of that. Councilwoman Mullins asked for the money to the permits management system, $25,000, didn’t we just give them more money. Mr. Strecker replied this is the formal action to adopt that money. Jessica Garrow, community development, stated it is not additional money, this just funds that. Councilwoman Mullins asked for the supplemental for the Red Brick, what is that covering. Mr. Strecker replied the director position, a part time admin and a maintenance person as well as all the utilities to operate that facility. Councilman Myrin said the $100,000 for the uphill economy. We are trying to add jobs while Rob came in and spoke about a shortage of housing. It is a lot to spend to attract business when we can’t keep up with what we have. Mayor Skadron opened the public comment. Lee Mulcahy commented unrelated to the Ordinance. Mayor Skadron Closed the Public comment. Councilman Frisch moved to adopt Ordinance #7, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Frisch, yes; Mullins, yes; Myrin, yes; Mayor Skadron, yes. Motion carried. ORDINANCE #14, SERIES OF 2018 – Code Amendment – Harassing Wildlife Mayor Skadron said there has been a huge response in the community, generally all positive. Audrey Radlinski, community response officer, said council asked for more details on how we will provide public outreach. Gena Gordon, community response officer, passed out handouts for the bear aware campaign. She said we are revamping the campaign this year based on the education the community needed. This process began prior to the harassment ordinance. We will give the brochure to the hotels and make ourselves available for questions. We will also distribute them to property management companies. We have a magnet listing six steps for protecting your home and the wildlife. We also have a flyer for restaurant outreach. The community response officers have been reaching out to all 120 restaurants. We created a bear business card to hand out when we make contact with citizens. Mayor Skadron asked them to talk about signage on the mall. Ms. Gordon said they are creating sandwich boards with the PIO. They are also working on PSA’s, ads, newspapers spots and radio ads. We have been physically walking to property managers and hotels. Mayor Skadron opened the public comment. 1. Lee Mulcahy asked is it bear specific. Ms. Gordon replied it is not bear specific. Mr. Mulcahy asked a hypothetical question. Mr. True said he will not answer a hypothetical question. Mayor Skadron closed the public comment. Councilman Myrin said nothing happens because of one person on council. It is nice to have unanimous support for the changes. P120 VI.h Regular Meeting Aspen City Council May 29, 2018 6 Councilman Myrin moved to adopt Ordinance #14, Series of 2018; seconded by Councilwoman Mullins. Roll call vote. Councilmembers Myrin, yes; Frisch, yes; Mullins, yes; Mayor Skadron, yes. Motion carried. Mr. True stated staff recommends Council go into executive session pursuant to C.R.S. 24-6-402 (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations and instructing negotiators regarding potential property acquisitions and litigation update regarding Goldenberg and Goshorn V. the City of Aspen. At 6:40 p.m. Councilwoman Mullins moved to go in to executive session; seconded by Councilman Frisch. All in favor, motion carried. At 10:30 p.m. Councilwoman Mullins moved to come out of executive session; seconded by Councilman Frisch. All in favor, motion carried. Councilwoman Mullins moved to adjourn; seconded by Councilman Frisch. All in favor, motion carried. June 5, 2018 At 4:03 p.m. Mayor Skadron called to order the special meeting with Councilmembers Mullins, Hauenstein and Frisch present. Jim True, city attorney, recommended Council go into executive session pursuant to C.R.S.24-6-402 (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations and instructing negotiators regarding potential property acquisitions. Councilman Frisch moved to go into executive session; seconded by Councilwoman Mullins. All in favor, motion carried. At 4:37 Councilman Frisch moved to come out of executive session; seconded by Councilman Hauenstein. All in favor, motion carried. Councilman Hauenstein moved to adjourn the special meeting; seconded by Councilwoman Mulling. At 4:54 p.m. Mayor Skadron called to order the special meeting with Councilmembers Mullins, Hauenstein and Frisch present. Mr. True recommended Council go into executive session pursuant to C.R.S.24-6-402 (a) The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest; (b) Conferences with an attorney for the local public body for the purposes of receiving legal advice on specific legal questions and (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations and instructing negotiators regarding potential property acquisitions. Councilman Hauenstein Moved to go into executive session; seconded by Councilman Frisch. All in favor, motion carried. AT 6:35 p.m. Councilman Hauenstein moved to come out of executive session; seconded by Councilwoman Mullins. All in favor, motion carried. Councilwoman Mullins moved to adjourn; seconded by Councilman Hauenstein. All in favor, motion carried. Linda Manning City Clerk P121 VI.h MEMORANDUM TO: Mayor Skadron and City Council FROM: Jennifer Phelan, Deputy Planning Director MEETING DATE: June 11, 2018 RE: Lots 1, 2, 3, 4 and 5, Ranger Station Subdivision, Extension of Vested Rights – Resolution No. 88, Series 2018 – Public Hearing Due to continued negotiation on a number of issues, staff requests that the hearing be continued until July 23rd. RECOMMENDATION: Staff recommends continuation of the public hearing to July 23rd. PROPOSED MOTION: “I move to continue the request to reinstate or extended the vested rights associated with Lots 1, 2, 3, 4 and 5, Ranger Station to July 23rd.” P122 VIII.a