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HomeMy WebLinkAboutagenda.council.regular.20120409 CITY COUNCIL AGENDA . April 9, 2012 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances a) Proclamation — CMC - Isaacson School for New Media b) Proclamation — Colorado Architecture Month IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) V. Special Orders of the Day a) Councilmembers' and Mayor's Comments b) Agenda Deletions and Additions c) City Manager's Comments d) Board Reports VI. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #26, 2012 — Contract— Rubey Park Concrete Pad Replacement b) Resolution #27, 2012 — Contract - 2012 Concrete Replacement c) Resolution #28, 2012 — Contract —Water Utility Business Plan d) Resolution #29, 2012 —ACRA Lease e) Resolution #30, 2012 — Contract Electrical Service Thomas Reservoir f) Resolution #31,2012 — Contract Aerial Photography and LiDAR data g) Resolution #32, 2012 — Contracts Burlingame Phase IIA Oversight h) Minutes — March 26, April 2, 2012 VII. First Reading of Ordinances a) Ordinance #9, 2012 — Code Amendment — Bicycles on Sidewalks P.H. 4/23 b) Ordinance #13, 2012 — Supplemental Appropriation P.H. 4/23 c) Ordinance #14, 2012 — Historic Landmark Lot Split 202/208 E. Main P.H. 5/14 VIII. Public Hearings Action Items Adjournment Next Regular Meeting April 23, 2012 COUNCIL'S ADOPTED GUIDELINES • Stick to top priorities • Involve others in community problem solving • Be thorough, deliberate and accountable for consequences when making decisions COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: Mayor and Council FROM: Tyler Christoff, Project Manager, Engineering. THRU: Tricia Aragon, P.E., City Engineer DATE OF MEMO: March 28, 2012 MEETING DATE: April 9, 2012 RE: Rubey Park Concrete Pad Replacement Project 2012-039 Contract Approval SUMMARY: Staff recommends Council approve the Rubey Park Concrete Pad Replacement contract with Excavation Services, Inc for the amount of$93,761.00. DISCUSSION: Rubey Park serves as the main transit hub for the Aspen community and its visitors. Continuous heavy usage, environmental factors and aggressive maintenance practices have caused concrete damage in all parts of this facility. Concrete bus pads located on Durant Avenue exhibit severe degradation and have been marked by staff for replacement. Replacement of this infrastructure is critical for the continued operations of the Roaring Fork Transit Authority (RFTA), the safety of pedestrians and the integrity of Durant Avenue's pavement. This project precedes scheduled asphalt overlay operations for Durant Avenue and allows this infrastructure to be updated without disrupting newly laid pavement. Rubey Park Concrete Pad Replacement Project was advertised for bid on March 5th 2012. Two Bids were received and opened on March 21`h 2012. Bids were received from two Contractors as summarized below: Aspen Digger, Inc $101,567.49 Excavation Services, Inc $ 93,761.00 Excavation Services, Inc was identified by staff as the lowest qualified bidder. Excavation Services has submitted a bid of$93,761.00 for the construction of the project. BACKGROUND: Excavation Services, Inc has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City's best interest to award the final design contract to this vendor. FINANCIAL IMPLICATIONS: Funding Rubey Park Repairs Project Budget $ 90,000.00 Rubey Park Repairs 2011 Carry Forward $ 20,000.00 TOTAL $110,000.00 Expenditures Excavation Services Bib for Construction $ 93,761.00 Staff Administration $ 10,000.00 Contingency $ 6,239.00 TOTAL $110,000.00 RECOMMENDATION: Staff recommends that Council approves the contract for $93,761.00 as mentioned above. PROPOSED MOTION: "I move to approve Resolution No.4, Series of 2009." CITY MANAGER COMMENTS: Az-w-44,-0 v 4 .�y-o cJ •3 't t c m4" c-' • RESOLUTION # ;-,(-° (Series of 2012) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND EXCAVATION SERVICES, INC SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE RUBEY PARK CONCRETE PAD REPLACMENT PROJECT AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Excavation Services, Inc a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Excavation Services, Inc regarding Rubey Park Concrete Pad Replacement Project, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held April 9th 2012 Kathryn S. Koch, City Clerk the City of Omen CONTRACT FOR CONSTRUCTION Oily OUornefhOffice THIS AGREEMENT, made and entered into on April 9, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Excavation Services Inc., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Rubes Park Concrete Pad Replacement, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Ninety Three Thousand Seven Hundred Sixty One ($93,761.00) Dollars or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 "CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC1-971.doc Page2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: City Attorney ATTESTED B'': CONTRACTOR: By: .!I_ Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF (b(oP c � ) ) SS. COUNTY OF lacvzu�c� ) On this 023'x`4 day of In a/Lc-1,-, , 2012, before me appeared /&a cs feK to me personally known, who, being by me fUst duly sworn, did say that s/he is ? � — of &.-1Xeck Lieufib ^ 5creiv) c.co and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. 01 o O Notary Pubic ;°, Pus'' j€ of °a°��' /32 (. , C�.�-L 1 - Om , Ee ?l60/ My commission expires: 772-2/2/0/ CC1-971.doc Page 4 "CC1 BID PROPOSAL FORM PROJECT NO. : 2012-039 / /1 c fl / � 61� BID DATE: March 19,2012 �f1 PROJECT: Rubey Park Concrete Pad Replacement PROPOSAL SUBMITTED BY: l m-A.a a CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid,all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty(60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department,which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the plvpci and success completion of the work,including furnishing all materials,equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees BPI-971.doc 'BPI Page 1 corActors to make no claims for damages, anticipated profit,or otherwise on account of any differences between the amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i)Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States; and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered 0 through 0 ESTIMATED QUANTITY LIST Item �rDescription Quantity Unit Price Total 106 Material Testing 1 LS 4200.00 4200.00 626-1 Mobilization 1 LS 400000 4000.00 630 Construction Zone Traffic Control 1 LS 4000.00 4000.00 609-1 6"Curb and Gutter Type 2,Section 118 300 LF 31.35 9405.00 202-1 Removal of curb and gutter 300 LF 12.00 3600.00 202-2 Removal of asphalt mat 65 SY 30.60 1989.00 404-3 Hot Bituminous Pavement(Grade 5X) 65 SY 80.00 5200.00 703 Structural Road Base 138 CY 70.00 9660.00 412-1 Concrete Sidewalk(4 1 10 SY 93.50 935.00 601-2 Miscellaneous Reinforced Concrete Flatwork(10"depth)276 SY 138.50 38226.00 202-4 Removal concrete 10 SY 36.00 360.00 202-4 Remove reinforced concrete 276 SY 36.00 9936.00 Concrete Grinding to address vertically displaced joints 150 LF 15.00 2250.00 TOTAL BID IN NUMBERS: $93761.00 Total Bid in Words:Ninety Three Thousand Seven Hundred Sixty One& 00/100 •BP7 Page 2 Contractor's Initials I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. /7 Authorized Officer: I7 ZS rep, ,Title: I Rci j,F Full name signature: - • r I Company address: lb, sea s i)6- • 4, Telephone number: J C 3 55 Fax number: Ca Attested by: /Lai A l l i c Subcontractor& Material Supplier List yq Name: 1/7 � nA ,Phone#:3/ I Address: CAP-bvntk ewe J Service or Product: rib viC p_e_tP Name: g v) JI Q j 2-I x Pe.��� ,Phone#:3 /' r S Address: C /ern i..4.4,5 bk1 2.-<- Service or Product: A A u I b A i r a Name: IF— 1- f CO- lie) ,Phone#:"&7 6 f I Address: Service or Product: /C . a A cam• ' Name: J4912e"ei ,Phone#: Address: a p—C -> Service or Product: (eVe-P a)--7 C BP1-971.Ooc 'BP1 P Isle ('.oiMreU Name. ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: BP1-971.Ooc 'BP7 P 4 s Initials LIQUIDATED DAMAGES for FAILURE TO COMPLETE THE WORK ON TIME The undersigned contractor declares his/her full awareness of the content and teens of this contract and affirms that the contractual time is the period mentioned in the contract Specifications plus the time extension(s), if any, granted by the City of Aspen for successful completion of project. The undersigned contractor further acknowledges he/she understands and agrees to liquidated damages to be deducted from moneys due to him/her for any delayed calendar day beyond the total time at the rate of$1,000.00 per day . This amount and the total allowed time by the City shall not be negotiable under any conditions. Attgst. , Corporate;Seal S-1r.14 • _'��•4' . ' cor_ =' _. By: ��/ellir STATE OF COLORADO ) P ) SS. COUNTY ) Before me a 1 CI;C. 'RunS4e.t— ,a notary public and for ao--cle OA County,Colorado personally appeared —PEN,t ttAS r known to me personally to be the person(s)whose signature(s)in my presence this 14 day of ` o rc."- ,A.D.201.1, My commission expires: "1.9-3/.2.-0)3 (ail— �i}�'V"` 5 (Seal) Notary Public 3t,n,;siE9 . *LD1 *:. pRY.: 1.11-01 dot. i • 01 .4) Q AFFIDAVIT OF COMPLIANCE PROJECT NUMBER:2012-039 The undersigned contractor has read a copy of the Contract Documents including the construction plans, for this project and understands and hereby affirms that he/she does not now, nor will he/she in the future,violate the provisions of said Contract Documents, so long as he/she is under the Contract to the City of Aspen for the performance of a Contract. The undersigned further acknowledges he/she understands and agrees to all terms and conditions of the Aspen Municipal Code and its being part of the Contract with the City of Aspen. Attest:j Corporate Seal &—7 atf ootrnctor STATE OF COLORADO ) By: i- ) SS. COUNTY ) Before me r i((i 4 uMt a notary public and for County,Colorado personally appeared Tvn( gcig}ttir known to me personally to be the person(s)whose signatures)in my presence this 144i- day of `rele ncl-_ ,A.D.2012 . M y commission expires: 7/2-3 r A-o r 3 (Seal) // ,,b•IMT _ Notary Public OS AR,Y\ ._ 1 q�F ,O ' OF OO AC197I.doc *AC1 Vii, MEMORANDUM TO: Mayor and Council FROM : Shaun Rourke, Sr Eng Tech, Engineering Dept THRU: Tyler Christoff, Project Manager, Eng Dept Tricia Aragon, P.E., City Engineer DATE OF MEMO: April 2, 2012 MEETING DATE: April 9, 2012 RE: 2012 Concrete Replacement and Pedestrian Improvement Project Contract Approval SUMMARY: Staff recommends council approve the concrete replacement and pedestrian improvement contract with Excavation Services, Inc. in the amount of$376,500.00. DISCUSSION: The 2012 Concrete Replacement Project combines Tabor funded pedestrian improvements as well as Curb and Gutter improvements into one project. These capital improvements are part of an ongoing safety enhancement plan with the goal to develop and maintain safer pedestrian corridors in Aspen. Curb and gutter functions throughout the City to convey storm water, prevents pavement deterioration and provides a safe and attractive pedestrian experience. The scope of the curb and gutter replacement corresponds with the scope of the Streets Department's pavement replacement (mill and overlay) project. As the streets deteriorate over time pavement is replaced. Along with the pavement, deteriorated curb and gutter is also replaced. This project aims to update this important City infrastructure as well as complete City Council directed Tabor projects. The 2012 Concrete Replacement Project was advertised for bid on March 5, 2012. Two bids were received and opened on March 23, 2012. Bids were received from two Contractors as summarized below: Excavation Services, Inc. $376,500.00 Gould Construction, Inc. $389,180.00 Excavation Services, Inc was identified by staff as the lowest qualified bidder. Excavation Services, Inc has submitted a bid of$376,500.00 for the construction of the project. BACKGROUND: Excavation Services, Inc. has experience in various City infrastructure improvement projects and has performed well in previous contracts. Staff recommends that it is in the City's best interests to award the final construction contract to this vendor. FINANCIAL IMPLICATIONS: Funding 2012 Concrete Replacement Project Budget $222,000.00 Tabor Pedestrian Safety Fund $100,000.00 2011 Concrete Carry Forward $150,000.00 TOTAL $472,000.00 Expenditures Excavation Services. Inc. Construction Bid $376,500.00 Staff Project Management $ 45,500.00 Contingency $ 50,000.00 TOTAL $472,000.00 RECOMMENDATION: Staff recommends council approve the concrete replacement and pedestrian improvement contract with Excavation Services, Inc. in the amount of$376,500.00. PROPOSED MOTION: "I move to approve Resolution No.a4--, Series of 2012." CITY MANAGER COMMENTS: (e,pj:I pww.A.4 ATTACHMENT A—Contract with Excavation Services, Inc. ATTACHMENT B — Scope of Project Map -• ,..A.M.?:NN. sll =,, �. zilE111 SP -71'41 d4 P ., � n1 4�e.�` ; � � ,4 ♦ '=, ' � i ,` o� swimp1114 rm... Milariallir4174111!_p/\seN 04>%*%,40) gill-r-I.-7)- r-,,..--iu b‘iiii.0 illekill lid ,-, ,,,, 11 14117 ft:Us."' ALIA triP 1 u:v,.,t, 40,00 kb\ /14' `*.A. -' 1' vleriS ME 4k k iff1111■41i mom i kr-bsitr.,,,,4,41:.•_44,4 ift!C I/ a'' ....il. Ali' 47" 0.- oil ,,,, iti■I ft.., '4.--.7. fiii- -S'ep. ti,11.01.1%,„... . fio .1 dull V ..4, ,..W•gt a '..kii lig). 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OF 4„t 1„ ,,,, . ,_,,, ilj la ,,,,, Iwo ;it,: il.,„ ---1," 7:.,,,,r- ,, Illial ,c..-° 90014.....6e llam Ways `/ ,� ;�.? 1SN . ,�� r/Il �O ,. N `/ ` /`. dsys .. I� Q N�,J i#109 is ,' =SN0.si r71 + ;" illirre, ,,J� ,s[N cl Wbb�S, c2 40608 f,7:4 44 ki -• *4 i. A:4. „ :r4 Raft is - k.--. et w... 411/1"7 . . QNZ iy .ns is .� NZl_- . 27EN „ �',, SQ S .�J 1 0,1 m z 1 gtl8 S _ s �f,�lS l��H16 N 1 � ''�p. grillikie�7 •S His N r• _it E S N alfif ii S 19 _ RESOLUTION #027` (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND EXCAVATION SERVICES INC. FOR 2012 CONCRETE REPLACEMENT AND PEDESTRIAN IMPROVEMENTS 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 2012 concrete replacement and pedestrian improvements, between the City of Aspen and Excavation Services Inc., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for 2012 concrete replacement and pedestrian improvements, between the City of Aspen and Excavation Services Inc., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 9th day of April 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 9, 2012. Kathryn S. Koch, City Clerk The City of Aspen CONTRACT FOR CONSTRUCTION CitvAmprnersOffice THIS AGREEMENT, made and entered into on April 9, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and EXCAVATION SERVICES INC., hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2012 Concrete Replacement and Pedestrian Improvements Project and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract for Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Three Hundred Seventy Six Thousand Five Hundred ($376.500.00) Dollars or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 "CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract for Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. CC1-971.doc Page 2 "CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract for Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract for Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: By: City Attorney ATTESTE P BY: , CONTRACTOR: 1 Title: ` �/ ./ —, Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF Ccio o_cto n ) SS. COUNTY OF CI ) On this itcr day of Oita- , 2012, before me appeared \ Q__OLA L � 2 to me personally known, who, being by me first�i ly sworn, did say that s/he is }�¢ec-acStti.- of Lkcuvc fi� , rz 1/41;ced \v« and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. - C. PaY )l / R.Y� ,aC Notary Public Pv� Addtess My commission expires: 9 ) .231Q-0 i3 CC1-971.doc Page 4 ••CC1 BID PROPOSAL FORM PROJECT NO. : 2012-028 BID DATE: March 23,2012 PROJECT: 2012 Concrete Replacement and Pedestrian Improvement Project PROPOSAL SUBMITTED BY: Excavation Services Inc CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen, Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith, without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid, the invitation to bid and request for bid, all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Sixty (60) consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Engineering Department,which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials,equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the BPI-971.doe 'BPI Page I Codtadofs Initials amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. By signing this document, Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States;and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered 1 through 1 ESTIMATED OUANTITY LIST Item Number Description Uc 106 Material Testing Quantity Unit Price Total 1 LS 15000.00 626-1 Mobilization 1 LS 630 Construction Zone Traffic Control 38290.00 609-1 6"Curb and Gutter Type 2, Section IIB 0 LF 18000.00 2,200 LF 28.00 61600.00 609-2 6"Curb and Gutter Type 2, Section IIM 2,200 IF 28.00 61600.00 202-1 Removal of curb and gutter 4,400 LF 13.00 57200.00 202-2 Removal of asphalt mat 500 SY 15.00 7500.00 404-3 Hot Bituminous Pavement(Grade SX) 500 SY 55.00 27500.00 608-1 Concrete Curb Ramp(sheet 202 Construction and Excavation Strds.) 20 EA 1595.00 31900.00 703 Structural Road Base 50 CY 100.00 5000.00 412-1 Concrete Sidewalk(4") 30 SY 72.00 2160.00 601-2 Miscellaneous Concrete Flatwork(up to 8"depth) 90 SY 95.00 8550.00 601-2 Miscellaneous Reinforced Concrete Flatwork(8"depth) 40 SY 115.00 4600.00 210-1 Reset Light Post(sheet ENG 213-T Construction and Excavation Strds.) 5 EA 2500.00 12500.00 202-4 Remove concrete 200 SY 30.00 6000.00 210-2 Reset Inlet 412-5 Concrete Pan 4 EA 1250.00 5000.00 900 Snowmelted Sidewalk/ADA Ramps/Curb and Gutter 100 SF 15.00 8100.00 Concrete Grinding to address vertically displaced joints 200 SF 20.00 3000.00 Y P joints 150 LF 20.00 3000.00 TOTAL BID IN NUMBERS: $376,500.00 8P1-971.doc •BP1 Page 2 Contractors Initials Total Bid in Words: Three hundred seventy six thousand five hundred& 00/100 acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer: Troy Buster ,Title: President_ Full name signature: ��i ,avC- J Company address: PO Box 1159 Carbondale Co 81623 Email address: troy @excavationservices.biz Telephone number: 963-8355 Fax number: 044",96 -4 36 Attested by: Subcontractor & Material Supplier List Name: TJ Concrete ,Phone#: 379-6300 Address: Carbondale Co Service or Product: Concrete Name: Al Traffic Control ,Phone#: 876-0738 Address: Silt Co Service or Product: Traffic control Name: LaFarge ,Phone#: Address: Carbondale Co Service or Product: Concrete supplier BPI-971.doe *BPI Paggeee 3 Contractors Initials Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: Name: , Phone#: Address: Service or Product Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: BPI-971.doc *BPI Page 4 Contractors Initials Vic Ce MEMORANDUM TO: Mayor and City Council FROM: Lee Ledesma, Utility Operations Manager THRU: Dave Hornbacher, Director of Utilities & Environmental Initiatives DATE OF MEMO: April 2,2012 MEETING DATE: April 9,2012 RE: Contract Award to Red Oaks Consulting for Water Utility Business Plan REQUEST OF COUNCIL: Staff requests a contract award to Red Oaks Consulting in the amount of$88,390 for professional services to analyze and develop a Water Utility Business plan to include the following rate and fee analysis and ordinances: raw water rates; utility connection charges; utility hookup charges; snowmaking rates; metered and unmetered rates; pumping charges; and, water service deposits. PREVIOUS COUNCIL ACTION: As presented to council during the November 14, 2011 regular meeting, staff will initiate a comprehensive Utility Business Plan evaluation on the Water Utility, as well as perform a Water Utility AMP and Infrastructure Analysis in 2012. Council authorized a 5 percent water rate increase on demand, fire and variable monthly service charges, effective January 1, 2012, to maintain the financial health of the Water Fund until a full analysis of all water rates and fees could be completed in 2012. BACKGROUND: Aspen last submitted a request for proposal for a Water Utility Business Plan in 2004. The existing rate system is providing an appropriate recovery of revenue on a current need basis; however, future trends in capital expense recovery from Utility Investment Charges will continue to affect necessary capital expense recovery from demand and variable rates. Because the extent of redevelopment projects was nearly half of the total of building permits issued, tap fee revenue from this has been a significant source. However, there is an increasing trend towards redevelopment projects which have already paid a significant amount in the past towards their total tap fee obligation and eventually this revenue stream will be eliminated. Staff estimates that the pool of potential properties that were built prior to the mid 1980's is more than 50 percent depleted and because of this depletion the rate of redevelopment for these types of projects will necessarily be lower than in the past because of the limited number of these types of properties, regardless of the level of economic and building activity that resumes following the decline that began in 2007. Page 1 of 2 DISCUSSION: A number of issues are facing the water utility that requires detailed analysis and decision support activities. In addition, the cost of new initiatives and management of existing water rights should be identified and included within the necessary revenue component. Tap Fee rates have not been changed since 1985, while demand fees were last analyzed in 2005 and last increased in January 2012. While past revenue amounts from these two sources have adequately covered capital expenses in the past, there is concern that changes in building activity and prospects for continued redevelopment projects may change the City's ability to collect adequate Tap Fee revenue to offset a portion of the expected capital expenses for the water system. Demand charges are predictable and grow gradually over time so it is likely that they will continue to recover at least 40 percent of the expected capital expenses. However, there is a question as to whether the percentage of capital charges (currently set at 40 percent) needs to be adjusted to reflect expected changes in future Tap Fee revenues to adequately cover expected future capital expenses. Essentially this would mean less reliance on Tap Fee revenue in recovering capital expenses. FINANCIALBUDGET IMPACTS: There is sufficient budget authority in the Water Fund to support the cost of the Water Utility Business Plan and to award the contract to Red Oak Consulting to perform an analysis of all rates and fees and present future revenue options to council in 2012 prior to adoption of the 2013 budget. ENVIRONMENTAL IMPACTS: Aspen water rates will continue to focus on conservation with increased costs associated with usage that occurs within the higher tier blocks. There is also a focus on revenue generation that will allow us to manage our existing water rights for the highest community benefit. RECOMMENDED ACTION: Staff recommends Council approve the contract to Red Oak Consulting in the amount of $88,390 and approve an $80,000 supplemental budget request for the Water Utility Business Plan. ALTERNATIVES: An alternative is to not approve the contract to Red Oak Consulting and postpone the Water Utility Business Plan and with that the analysis of current fees, rates and revenue trends that are impacting the current and future financial health of the Water Fund. PROPOSED MOTION: "I move to approve contract award to Red Oak Consulting in the amount of$88,390 to provide for completion of the project proposed `herein." CITY MANAGER COMMENTS: n`1tkolL U aD `�+ inl Cn rat ATTACHMENTS: Exhibit A—Council Memo dated November 14, 2011 for Water Rate Adjustment Page 2 of 2 MEMORANDUM TO: Mayor and City Council FROM: Lee Ledesma, Utilities Operations Manager THRU: David Hornbacher, Director of Utilities and Environmental Initiatives Randy Ready, Assistant City Manager DATE OF MEMO: November 7, 2011 MEETING DATE: November 14, 2011 RE: Water Rate Adjustment-- Effective January 1,2012 REQUEST OF COUNCIL: City Council approval of a water rate adjustment increasing all customer rates by five (5) percent effective January 1, 2012. The attached ordinance, Exhibit A, amends Sections 25.08.080, 25.16.010, 25.16.011, 25.16.020 and adds Sections 25.16.014, 25.16.015, 25.16.016, 25.16.021 of Water Service General Provisions and Water Rates and Charges for all city of Aspen water customers. PREVIOUS COUNCIL ACTION: The last water rate increase for city of Aspen customers occurred April 1, 2006. The attached memo (see Exhibit B) to council dated January 31, 2006, outlines the details of the last water rate adjustment adopted by city council. BACKGROUND: During the water fund budget presentation October 17th, staff identified the necessity to adjust water rates due to increased costs of operations and to meet projected capital project requirements. Staff will initiate a comprehensive Utility Business Plan evaluation on the Water Utility in 2012, as well as perform a Water Utility AMP and Infrasture Analysis. The results of these two studies will be presented to council in 2012. DISCUSSION: After five-and-one-half years since a rate change, the Water Rate adjustments proposed in the attached ordinance are necessary to maintain the overall financial health of the Water Fund as previously presented to Council during the budget process in October. FINANCIAL/BUDGET IMPACTS: Revenue targets for the Water Fund as presented to council during the October 17, 2011 budget meeting include a five percent rate adjustment effective January 1, 2012. Without the proposed rate adjustment, revenue targets and fund balance as presented will not be met in 2012 and in the subsequent out years. Page 1 of 2 ENVIRONMENTAL IMPACTS: The increased costs associated with usage that occurs within the two highest tier blocks will continue to encourage conservation of our water resources in the Aspen community and service areas. RECOMMENDED ACTION: Staff recommends approval of the ordinance to amend Water Rates and Charges effective January 1, 2012. ALTERNATIVES: Water rates can be amended in any manner the Council may desire. eSol PROPOSED MOTION: I move to adopt #,Z� 201k CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A: Water Service General Provisions and Water Rates and Charges Ordinance amendment Exhibit B: Memo to City Council dated January 31, 2006 to amend Water Rates effective April 1, 2006. Page 2 of 2 RESOLUTION # ag (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND ARCADIS-US INC. FOR PROFESSIONAL SERVICES TO ANALYZE AND DEVELOP A WATER UTILITY BUSINESS PLAN 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 professional services to analyze and develop a water utility business plan, between the City of Aspen and Arcadis-US 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 professional services to analyze and develop a water utility business plan, between the City of Aspen and Arcadis-US 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 9th day of April 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 9, 2012. Kathryn S. Koch, City Clerk The City Unseen CITY OF ASPEN STANDARD FORM OF AGREEMENT City ntrorney's Mee PROFESSIONAL SERVICES City of Aspen Project No.: 2012-006. AGREEMENT made as of 26°i day of March, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Water Department 130 South Galena Street Total: $88,390.00 Aspen, Colorado 8161 I Phone: (970)920-5055 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Red Oak Consulting ntil it has been approved by the City R C D 15— i15 Inc I Council of the City of Aspen. cio John Gallagher 100 Fillmore Street City Council Approval: Suite 200 Denver, CO 80206 Date: Phone: 303-316-6500 Resolution No.: For the Following Project: Professional services to analyze and develop a Water Utility business plan to include the following rate and fee nalysis and ordinances: raw water rates, utility connection charges, utility hookup charges, snowmaking rates, etered and unmetered water rates,pumping charges,and water service deposits. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work Exhibit R: Hourly Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 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 November 30, 2012. 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 Agreement Professional Services Page I 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. 7. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers'compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the 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 Agreement Professional Services Page 2 to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration,or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers'Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (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 Agreement Professional Services Page 3 insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) The certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on, and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 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. Agreement Professional Services Page 4 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. 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. Agreement Professional Services Page 5 "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 (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (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: Agreement Professional Services Page 6 (1) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (1) is a citizen of the United States or otherwise lawfully present in the United States pursuant to federal law, (2) shall comply 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 Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. 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. Agreement Professional Services Page 8 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials,this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFESSIONAL: I [Signature] / ignature] By: B . I OI11 /4 - 0110,y;� [Name] [Name] Title: Title: /1S S=e-late t ter. Pres:d mA, Date: Date: a r Lit /3, t-710- Approved as to form: City Attorney's Office Agreement Professional Services Page 9 Exhibit A Professional Services Agreement iTo spen usiness Plan Development for City of Aspen Water Fund 3 Proposal Red Oak has developed an approach to address the Water Fund business plan study as summarized in Figure 1. Included is our understanding of key project issues to be addressed followed by a proposed project ‘.1) approach and scope of work by task area aQ� identified in the Water Fund business plan ` Utility Cost request for proposals. Revenue Requirements Allocation PROJECT UNDERSTANDING e� C.) Capital Cost Requirements The City reviews and updates the annual Water Fund user requirements over a ten-year period, Figure i Our proven process results in most recently provided in the City's 2012 budget. Concurrent to this equitable rate rates and fees providing a project, the Cit is u datin the asset mana ement ro ram AMP(AMP), stable funding source to maintain service y p g g p program ( ) levels. including annual capital requirements over the ten-year study period to be finalized by July 2012.While the City does not anticipate significant changes to the annual capital cost requirements in the near-term, changes to the capital requirements over the ten-year study period are anticipated.The initial AMP that is part of the current ten-year Water Fund financial plan provided as part of the initial data request will be incorporated in the rate model. The rate 1 model will be updated in July 2012 based on the revised AMP to finalize the Water Fund business plan revenue requirements summary. Stable Capital Cost Funding and Recovery Capital cost funding and recovery through Utility Investment . Charges(UICs) and demand charges is a key study item. The long- standing practice has been to allocate and recover a minimum of 60% of annual capital costs from one-time UlCs with remaining costs recovered from customer demand charges. This approach has adequately recovered capital costs providing the Water Fund with a stable source of revenue to fund annual requirements until the last few years.As redevelopment and new growth slowed starting in 2007,the revenue generated from one-time UlCs has decreased and this source has not provided 60% of annual capital costs increasing the requirements funded through demand charges. Furthermore, redevelopment-based UICs, net of credits, are not 66005557 0003 f COL Pathways to Lasting Solutions • RH) t(NS(II.FIN(, 01 MCAMS. , City of Aspen Business Plan Development for City of Aspen Water Fund 3-2 anticipated to return to historical levels even when overall growth is anticipated to increase. We will work with Utility staff to evaluate modifications to the percent of capital costs funded through UlCs and demand charges to improve stability of capital funding and amount of annual revenue recovered. Rate and Fee Cost Recovery Updating Water Fund specialty Rate and fee cost recovery updates are the third key study item to rates and fees to provide stable maintain existing service levels while meeting future revenue funding for O&M and capital cost requirements. The City recovers annual user charge requirements requirements are the primary study through a variety a fixed and variable charges including: objectives. ▪ Fixed demand and fire protection charges per Equivalent --- -- --. Capacity Unit(ECU) adjusted for each of the seven billing areas IN Metered water rates for general potable, contract based potable, raw and snowmaking water service • Pumping surcharges are also based on the number of pumps used to provide metered water service lw Other miscellaneous fees and charges Red Oak completed the most recent Water Fund business plan study in 2006 and the City last increased water rates in 2012 by 5%. We will work with Utility staff to update this rate model to allocate annual revenue requirements among system cost components and specialty rate and fee types, projected service demand units and the unit cost of providing each specialty rate and fee type. Revenue requirements for 2013 will be the focus of this analysis with the functionality to evaluate alternative test-year requirements. Additional fees for service will also be reviewed to update for overall cost recovery. Many charges have not been modified in several years. For example, we will work with Utility staff to document the labor and material costs associated with the utility hook-up activities and compare these costs to the revenue recovered through current hook-up charges. Revenues from these miscellaneous charges and fees, including Ul Cs and additional income,will offset annual Water Fund fixed and variable charges for scenarios developed. The revised cost allocation and service requirements analysis will be summarized for each water specialty rate and fee to calculate revenue over or under recovered through user charges and presented to the City. 88005557 0003!COL Pathways to Lasting Solutions • IRtl 1 (-'(1N11)t TI NCJ MWOG • City of Aspen 3-3 Business Plan Development for City of Aspen Water Fund PROJECT APPROACH We propose the following approach to meet the Water Fund business plan requirements outlined in the RFP and our understanding of the primary study objectives. The enclosed work plan in Section 4 summarizes the task analysis, deliverables and schedule timeline to complete the project approach outlined below. Stable revenue for capital funding, equitable cost allocation by specialty rate and fee type and adequate rate and fee recovery to maintain service levels are the primary study objectives. Task 1 -- Project Management Red Oak has selected John Gallagher as its Project Manager and Rick Giardina as Manager of Quality Assurance and Quality Control (QA/QC)for this study. Mr. Gallagher has served in similar capacities in previous study engagement over the past 10 years. As Project Manager, Mr. Gallagher will serve as the primary contact between Red Oak and the City. He will be assisted by Zach Demko in the day-to-day development of study deliverables working directly with Utility staff. Task 2 —Project Orientation and Data Acquisition Red Oak will facilitate a project orientation workshop with Utility staff jr to: I� • Confirm study goals • Discuss City's cost allocation and rate and fee pricing and modeling objectives N Discuss issues that have occurred since previous business plan update in 2006 ■ Discuss capital cost recovery as a percent of Ul Cs and demand charges, recent customer water use trends and identify issues that might impact this study CapdAtt ■ Discuss capital recovery approaches and facility information to tuaG �st5 Nice update UICs Confirm the areas of City Water Fund ordinances to review for s��""'=` ecr,c rate__ accuracy and consistency to be reviewed by us during the Task 4 analysis ▪ Confirm our understanding of City's current practices and procedures in developing and implementing rates and fees Revenue Stability ill Review data received prior to the meeting and discuss additional information that may be needed to complete the study 66005557 0003/COL Pathways to Lasting Solutions •• I: I I C l)NMt.1l 1l NCi City of Aspen Business Plan Development for City of Aspen Water Fund `1 • Finalize the work plan, schedule and required deliverables A summary of the work plan is shown in Section 4, including a key milestones and deliverable dates. Prior to the project orientation workshop, Red Oak will provide a detailed data request list that will identify the information needed to complete the various analyses. • Task 3 -Summarize Water Fund Revenue Requirements Developing effective cost of service and rate and fee recommendations to address the City's water needs requires an understanding of the Water Fund's current financial condition, future goals and objectives, as well as potential challenges to those _ efforts. The knowledge and results developed under Tasks 3 and 4 Annual revenue requirements and will serve as the foundation for the subsequent cost of service, rate revenue under existing rates and structure, and rate design modeling and analyses, fees will serve as the foundation for cost of service and rate and fee We will work with Utility staff to summarize annual operating and capital cost revenue requirements over the ten-year study period structure alternatives developed In using the City provided multi-year financial plans. Uncertainties and subsequent tasks. • variables affecting future costs will be identified. Our review of the multi-year financial plan will be limited to the following areas: e Current operation and maintenance(O&M) expenses adjusted for inflation and growth and new O&M for separate City initiatives e Projected annual capital requirements and capital funding from UICs and demand charges • Customer growth and projected water revenues by specialty rate and fee type e Confirmation that the financial plan meets the City's reserve and debt service requirements and other financial policies identified in Task 1. Task 4—Analyze Rate Recovery under Existing Rate and Fee System We will incorporate customer billing information, water use and revenue projections into the rate model to evaluate over and under recovery of revenue completed in Task 5. To complete the rate recovery analysis under existing rate and fees, we will analyze City provided customer billing, ECU by billing area and historical potable, raw and snow making water usage 85005557:cos i COL Pathways to Lasting Solutions ° I'.i I City of Aspen 3 5 Business Plan Development for City of Aspen Water Fund information to evaluate revenue under current user charges, • adjusted for growth. ■ A usage distribution analysis will be completed for potable water customer water use per ECU for use in projecting revenue under the current tiered rate structure. The accuracy of historical billing data will be reconciled through a comparison of revenue from existing rates using historical billing data with revenue actually billed and received during that period. • Revenue Analysis. Using the customer usage characteristics developed, we will calculate revenue under current rates for the study period on a specialty rate and fee type and ECU basis applying the City's current rate structure. We will compare the projected revenue resulting from the following - existing specialty rates and fees: A bill frequency analysis of water • Snowmaking services use per ECU will be developed to in water services evaluate alternative water rate structures and summarize ■ Metered and unmetered potable water services customer bill impacts. • Pumping services ■ UlCs • Utility hook-up charges The primary Task 3 and 4 deliverable includes a summary of revenue requirements by service area adjusted for City projected rate adjustments and revenue under current rates by year adjusted for customer growth. Task 5: Analyze Specialty Rates Cost Allocation Analysis Building upon the revenue requirements allocation and customer usage by specialty rate and fee type and other information developed in Tasks 3 and 4,we will: ■ Complete a cost-of-service analysis allocating annual revenue requirements to each water specialty rate and fee type to evaluate the cost of providing service. ■ Compare revenue generated from existing rates and fees for each specialty rate and fee evaluated to the cost of service. The goal of the cost-of-service analysis is to allocate the cost included in the annual revenue requirements associated with providing water service to each specialty rate and fee based on cost causation principles. 66005567 0003/COL Pathways to Lasting Solutions • RFD (1_)Nst 11 I INl i Ei 1111fJ016 . City of Aspen Business Plan Development for City of Aspen Water Fund • Three cost analysis approaches will be used to evaluate the cost of providing different water service. Under the first approach: • Red Oak will allocate annual cost of service to specialty rate and fee as follows: • Potable demand charges • Fire protection services • Raw water service deliveries • Snowmaking services • Potable metered and unmetered water services provided to general and contract customers • Pumping is Allocate operating and capital costs to functional cost components: source of supply, water treatment, potable water transmission and distribution, raw water transmission and --- distribution, pumping, customer service and billing and fire Three cost analysis approaches protection. will be used to evaluate the cost of IS Project annual units of service for each specialty rate and fee providing specialty rate and fee using historical data adjusted for growth developed in Task 4. areas. Distribute functionalized specialty rate and fees and billing areas in proportion to develop units of service by specialty rate and fee. A direct cost allocation approach, the second approach, will be used to analyze level of effort of typical utility personnel involved in utility hook-up and other miscellaneous fees indentified in Task 1 for evaluation. For utility hook-up charges, the cost of labor and the cost of materials associated with hooking up a new utility customer will be summarized and compared to the current charges to identify over or under recovery of the cost of the service provided. The third approach that will be used to evaluate capital costs recovered through UICs for Utility services. Three factors will be used to evaluate the UICs by billing service area. 1. Summarize water capital facilities by water service type identifying those serving potable water customers and subject to UIC cost recovery. 11� 2. Analyze total system ECU capacity to be recovered by UICs. 3 Update the cost per ECU of providing potable water service. 66005557 0003/COL Pathways to Lasting Solutions • I:f I (1\111.I I I I NA. e moon gpmr City of Aspen Business Plan Development for City of Aspen Water Fund ' Revenue generated from current rates and charges, adjusted for changes in customer service units or growth, will be compared to the cost of providing each water specialty rate and fee. Results will be completed in the timeline summarized in the work plan in Section 4. Preliminary analysis models and results will be adjusted to incorporate updates to annual capital requirements resulting from the City's AMP anticipated to be completed in July 2012. The findings of the tasks 3 through 5 will be summarized in a report chapter. The report chapter will provide a discussion of existing policies and over and under recovery of revenue requirements for each specialty rate and fee. Task 6 — Rate and Fee Systems Using the updated rate models developed in Tasks 3 through 5 to facilitate rate and fee design and rate structure decision-making, Red Oak will develop rates that: 1. Provide adequate revenue to meet annual revenue requirements by specialty rate and fee. 2_ Are fair and equitable reflecting the service provided. 3. Are understandable by the City's customers. 4. Are compliant with current City policies and practices, customer contracts, and consistent with City pricing objectives. The updated rate models developed in Tasks 3 through 6 will be • able to: Rate models updated during this ■ Calculate rates under different scenarios study maybe used by Utility staff • Incorporate revenue requirements summary over the 10-year to complete future rate evaluations planning horizon with ability to change certain standard _ assumptions by year • Calculate rates for multiple years and update rates annually • Include schedules and/or tables that show projected cost impacts on different types of customers and for different levels of usage • Be easily updated by City staff for future rate evaluations Key elements of the rate design process are: 66035557 0003/COL Pathways to Lasting Solutions •. RH) l t>NM JI I I NG • City of Aspen Business Plan Development for City of Aspen Water Fund • Cost-of-service Provided. The cost of service analysis compared to existing rate and fee revenue by for specialty rates and fees. • Pricing Objectives.We will identify -- — pricing objectives with City staff in Task Pricing Objectives 2, reviewed with City Council in the first meeting and develop rate and fees that Ufective in providing stable.reliable revenue stream to recover Revenue nu revenue requirements in the face of variable external factors such as best meet the City needs and Stability weather and tourism. objectives. Objectives such as conservation, revenue stability and Equitability Developing rates so that each customer's water bill equals the cost avoidance of rate shock are often key borne by the City in providing the service, issues for stakeholders. Our analysis will help the City align rates in support VConservation Effective In promoting efficient use of resources, of overall goals. • Water Rate and Fee Structure Peak Usage Assigns cost of providing peaking facilities to customers having Reduction significant peak to average water use patterns,i.e.,discourages water Review.The City uses a tiered use during periods of peak demand. approach to its potable water rates and Legally Meets all known legal standards and requirements with minimum uniform rate structure for raw, Compliant potential for successful legal challenge. snowmaking and pumping charges; we will develop water rates by specialty rate and fee using both of these structures, as appropriate, recognizing conservation, revenue stability and the City's other pricing objectives in proposing changes. ■ UICs Update.We will update UICs based on objectives developed in Task 1 and facilities providing service to new potable water customers developed in Task 5 to support recommended changes to the current UICs • Capital Cost Funding. We will update demand and fire protection service charges to recover the percent of capital facilities recovered providing a stable revenue stream to fund annual capital requirements. Red Oak will facilitate discussions with City Council to finalize rate and fees that meet City objectives. The deliverables of this task will be staged supporting presentations to City Council discussed in Task 7. Preliminary rate and fee recommendations developed in this task will be presented to City Council. Additional scenarios identified through discussions with City Council during meeting 1 will be developed and refined for presentation in meeting 2. Additional analysis and refinement will be completed to develop final rate and fee recommendations reflecting direction in meeting 2 and presented to City Council in meeting 3. Task 7 City Council Meetings and Report Red Oak will work with Utility to complete the preliminary and subsequent study analyses. The following presentations to City Council are anticipated as outlined in the work plan as follows: 66005557 C003/COL Pathways to Lasting Solutions • RIO (_(.)N'I II tI1V�. ®Y0116• City of Aspen Business Plan Development for City of Aspen Water Fund 3 9 ■ Meeting 1 —Present preliminary findings on existing rate and fee systems and receive input regarding scenarios for further evaluation. • Meeting 2—Present detailed scenario analysis identified in meeting 1 for further evaluation and receives final direction from City Council • Meeting 3 —Present rate and fee recommendations resulting from Task 6 evaluation and scenarios identified in Meeting 2. Task 8 Study Findings and Report Preliminary, scenario and final Preliminary and final study findings will be summarized in following study recommendations will be study reports identified in the work plan in Section 4: presented to City Council over • Report chapters summarizing preliminary Tasks 3 through 5 three planned meetings and findings in conjunction with City Council Meeting 1. documented in study report • Report chapters summarizing scenario results requested in Meeting 1 and preliminary rate and fee selection criteria to be presented during Meeting 2 • Draft study report and recommendations presented to City Council in Meeting 3. • Final report issued at the completion of the study. Task 9 Ordinance Development We will review of City updated rate and fee ordinances prior to finalizing ordinance revisions incorporating the recommended specialty rate and fees included in the final study report. Additional Services We will provide additional services above those included in the project approach and work plan for additional fees as requested by the City. Examples of additional services include the following: • • Changes to current ECU schedule based on water fixtures and equivalency ratings to develop customer ECUs. • Billing area definition or weightings applied to rates and fees. Multi-year financial plans and/or financial planning scenarios developed for the Water Fund. ▪ Additional fee analyses above those included in the project approach and work plan. • Additional meetings with Utility staff and/or City Council above the four total meetings included in Tasks 2 and 7. The cost to attend additional City Council meetings, including reimbursable travel expenses is approximately$5.100 per meeting. 66005557 C003/COL Pathways to Lasting Solutions !'i I t'(NN'U1 I!NU PMIfA01S. ., City of Aspen n.ar.p usiness Plan Development for City of Aspen Water Fund . 4 Work Plan and Timeline IIP- r . • .. < tiles Project Management • Resource management • Timely invoices • Continuous • Financial management • Status reports Project Orientation • Study expectations • Project orientation April 2.2012 • Policies workshop • Pricing objectives • Technical memorandum • Communication procedures • Study schedule • Data request Revenue Requirements • Long range plan • Cost by water service type May 28,2012 • Operating expenses • Capital funding • Preliminary and updated AMP • Uncertainties and variables affecting long range plan Existing Rate and Fee • Customer water use,ECUs - Revenue under existing June 11,2012 Systems • Bill frequency analysis rates by water service type • Service requirements Specialty Rates • Cost of service by specialty rate and fee Water service deposits April 30.2012 service area Utility hook-up charges May14,2012 • Utility hook-up and other miscellaneous = Snowmaking rates • May 28.2012 } service evaluation Raw water rates • June 11,2012 UIC cost update for potable water services Treated water rates • June 25,2012 • Pumping charges July 9,2012 UICs • July 23,2012 = Final summary cost of • August 6.2012 service and comparison to { revenue under existing rates Proposed Rate and Fee Recommend scenarios which best meet ^ Final rate and fees for October 31,2012 Systems selection criteria adoption • Identify factors causing cross purposes and conflicting requirements Meetings • Existing rate and fee system analysis,Identify • City Council Meeting 1 = August 2012 alternative scenarios • Refined rate and fee structure alternatives • City Council Meeting 2 September 2012 • Final rate and fee structure for adoption • City Council Meeting 3 October 2012 Reports • Existing rate and fee August 13,2012 System analysis Scenario and selection ' August 31,2012 criteria summary Draft report findings and ° September 30,2012 recommendations Final report October 31,2012 Ordinance Development Final ordinance review ^ Final ordinance review • November 7,2012 summary 660055570003ICOL Pathways to Lasting Solutions • RED t t 1N\l II i!M../ •xuas Exhibit B Professional Services Agfeement ill mEchyudwm L ,t,ze: ' ,:::.,0"--,..''',. ..,,',., ,. Costs COST PROPOSAL Red Oak proposes to perform the work plan by task for a not-to- exceed fee of$88,390 as outlined below. Task Gallagher Giardina Demko Professional Expenses Cost Services $255 $290 $158 $90 1 12 0 0 12 24 $4,140 $0 $4,140 2 16 0 16 4 36 6,968 1,672 8,640 3 4 0 1 10 0 14 2,600 0 2,600 4 8 0 40 0 48 8,360 0 8,360 5 16 2 40 0 58 10,980 0 10,980 4 6 24 4 80 0 108 19,920 0 19,920 7 36 2 20 8 66 13,640 1,716 15,356 8 32 2 40 • 8 82 15,780 330 16,110 9 4 0 8 0 12 2,284 0 2,284 I Total 152 10 254 32 448 $84,672 $3,7181 $88,390 We will prepare invoices monthly due within 30 days of the invoice date. Expenses will include reimbursable travel for project meetings and shipping costs of project activities. 66005557 0003/COL Pathways to Lasting Solutions RE[D)AK CONSULTING .,oYMfi1B6 owuv via MEMORANDUM TO: Mayor and Council FROM: Scott Miller, Capital Asset Director THRU: Steve Barwick, City Manager DATE: March 30, 2012 MEETING DATE: April 9, 2012 RE: Lease Agreement Extension for 425 Rio Grande Place SUMMARY: The current Lease Agreement with Aspen Chamber and Resort Association (ACRA) has expired and negotiations for a new agreement have been ongoing for the last few months. Those negotiations are completed and the attached lease for 425 Rio Grande Place is submitted for your approval. PREVIOUS COUNCIL ACTION: The original Lease Agreement with ACRA for this space was approved by Council on December 1, 1990 and has been extended or renegotiated every five years since. The current Lease Agreement was approved by Council in 2005 for a term of five years, and extended for calendar year 2011. BACKGROUND: The City of Aspen and ACRA have benefited from a good relationship for many years. ACRA has occupied the current location known as the City of Aspen Parking Plaza in the lower level of the city's parking garage since 1990. ACRA has requested that their Lease for this space be extended for five years, ending December 31, 2016, with the option to renew for an additional five years after that. The lease contains provisions for early termination of the lease and relocation of ACRA in the event that the City pursues redevelopment of the parking garage facilities. DISCUSSION: The basic terms and conditions of the Lease are unchanged, with some minor revisions to clarify maintenance responsibilities, liability issues, and compliance with current statutes. FINANCIAL IMPLICATIONS: All revenue from this lease goes to the Parking (451) Fund. RESOURCE IMPLICATIONS: The use of this space as the ACRA offices is a good current use that benefits both ACRA and the city. 1 RECOMMENDATION: Staff recommends approval of the Lease Agreement for 425 Rio Grande Place. ALTERNATIVES: Council may choose not to approve this lease and conduct an RFP to select another tenant. PROPOSED MOTION: I move to approve the proposed Lease Agreement with ACRA for 425 Rio Grande Place. 4 CITY MANAGER COMMENTS: e c.c ww wfc ca fl'm P 7 ` -j_<,c Attachments: 0 • Copy of signed Lease 2 RESOLUTION NO. Series of 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A LEASE AGREEMENT EXTENSION, BETWEEN THE CITY OF ASPEN AND ASPEN CHAMBER AND RESORT ASSOCIATION, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a lease agreement extension for 425 Rio Grande Place, between the City of Aspen and Aspen Chamber and Resort Association, a true and accurate copy of which is attached hereto as Exhibit"A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that lease agreement extension, between the City of Aspen and Aspen Chamber and Resort Association, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or 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 day of , 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk Lease Agreement THIS AGREEMENT is made between the CITY OF ASPEN, COLORADO, a political subdivision and body corporate ("Lessor"), and the ASPEN CHAMBER RESORT ASSOCIATION, INC., a Colorado non-profit corporation ("Lessee"), and executed on the date(s) as indicated below. Recitals 1. Lessor is the lessee of a parking garage facility known as the Aspen Municipal Parking Plaza which includes within it certain floor area and space suitable for offices and business purposes as more fully described below. 2. Lessee desires to sub-lease such floor area and space for the purpose of conducting its business activities as a chamber of commerce and resort association. 3. The parties hereto intend this agreement to supersede any and all previous agreements relating to the lease of the demised premises. Leased Premises and Term 1. Lessor hereby leases to Lessee that portion of the City of Aspen Parking Plaza, 425 Rio Grande Place, Aspen, Colorado, consisting of approximately 3,300 square feet of finished space and which is more fully described and depicted on Exhibit "A" attached hereto and which by this reference is fully incorporated herein for all purposes (the "demised premises") 2. The term of this lease shall be five (5) years commencing January 1, 2012, and terminating December 31, 2016 , provided the lease is not sooner terminated by a breach of the terms or conditions set forth herein by Lessee. 3. Lessee may extend the term of this lease for one (1) additional term of five (5) years upon giving the Lessor written notice of its intent to do so six (6) months prior to the expiration of the initial five (5) year term, to wit, on or before June 30, 2016. 4. In the event Lessee chooses to extend the term of this lease by providing Lessor timely notice as provided above, Lessor and Lessee shall use their best good faith efforts to determine and agree upon a new monthly or annual rent and utility service charge as described in Paragraph 6 below. All other terms and conditions shall remain as provided herein. In the event the parties cannot mutually negotiate and agree upon a new rent amount prior to the commencement of a new lease term, then each party 1 shall employ an appraiser knowledgeable in the Aspen market and the two appraisers so employed shall determine the new rent. If the two appraisers shall be unable to agree upon a new rent, three appraisers so employed shall determine the rent. Should the appraisers fail to establish a new rent prior to the commencement of a new lease term, Lessee shall continue to pay that rent as then in effect for the present lease term until the new rent has been fixed, at which time the difference between the rent so paid and that payable under the new rate from the beginning of the new lease term shall be paid to Lessor by Lessee. Rent and Utilities 5. Lessee shall pay Lessor at the offices of the City of Aspen Finance Director, rent for the leased premises in the sum of$6,692.25 payable and due on the first (0) day of each month commencing January 1, 2012. The monthly rent shall be increased on each anniversary date (January 1) of the term of the renewal period by the percentage increase in the Urban Index during the twelve months ending on December 31 of each calendar year. (Urban Index and a description of calculating index changes is attached hereto as Exhibit`B".) 6. In addition to the rent payments as specified in Paragraph 5 above, Lessee shall pay to Lessor the sum of$1,120.00 per month to defray the cost of utility services provided to the leased premises. The monthly payment for utility services shall be due and paid contemporaneously with Lessee's monthly rent payments. Lessor reserves the option to separately meter the utilities serving the premises, at Lessor's sole expense. In the event separate meters are installed, the Lessee shall set up an account or accounts with the utility provider and shall be directly responsible to the provider for all utility services provided to the premises. 7. To secure payment of rent here agreed to be paid, Lessee grants to Lessor a lien on all of Lessee's equipment, furniture and other personal property that is placed on the leased premises by Lessee, such lien to be subordinate to all previously existing liens asserted against said property as of the date of this agreement. 8. Upon Lessee's failure to pay any of the rent or utility service installments on the dates specified above, Lessor may terminate this lease by written notice to the Lessee following such non-payment and recover from Lessee all damages Lessor may incur by reason of Lessee's breach, including the cost of recovering the premises, reasonable attorney's fees, and the amount of rent and other charges reserved in this lease for the remainder of the stated term. 2 9. Lessee, at the sole discretion of Lessor, may cure a default in making timely rent or utility service payments by tendering the full past due amount(s) along with an additional payment equal to one percent (1%) of the past due amount(s) for each day beyond the date any payment is due. Nothing in this paragraph shall be construed as limiting the right of the Lessee to cure a default within the time frames provided by C.R.S. 13-40- 104. Use of the Premises 10. The leased premises shall be used only by Lessee and only for purposes consistent with conducting its business as a chamber of commerce and resort association. Such use may include utilization of the premises for a tourist information/central reservation center. 11. Lessee shall not assign, transfer, pledge, surrender or otherwise encumber or dispose of this lease or any interest or estate created herein, or permit any other person, persons, company, corporation, or organization to occupy or use the premises without first obtaining the written consent of the Lessor. Such consent may or may not be given at Lessor's sole discretion. Lessor hereby consents to a sub-lease of a portion of the demised premises between Lessee and Stay Aspen/Snowmass upon the terms and conditions set forth in that certain Sub-Lease Agreement appended hereto as Exhibit"C". 12. Lessee shall not erect, install, operate nor cause nor permit to be erected, installed on the exterior of the leased premises any sign(s) or other advertising device without having obtained the written consent of the City Manager for the City of Aspen. Such consent may or may not be given at Lessor's reasonable discretion. Services 13. Lessor, at the request, advice and approval of Lessee, and at Lessor's cost and expense has caused improvements to be installed and completed in and upon the leased premises, including, but not limited to, electrical lines, plumbing, partitions, and heating and cooling systems, sufficient to meet Lessee's needs and acknowledges that it has inspected and knows the condition of the leased premises and that Lessee accepts same as suitable for its purposes. 14. Lessor shall provide or cause to be provided reasonable amounts of electricity, hot and cold running water and heat to the premises, as well as air-conditioning for those areas within the leased premises as agreed upon and installed pursuant to the installation of the improvements as described in Paragraph 13. In the event Lessee desires or is required by business 3 necessity to add new equipment or expand existing equipment, thus creating an increased demand for electrical, water, heating or air-cooling services or systems, Lessor shall be entitled to review any such proposal of Lessee for purposes of determining the need to increase the charge as set forth in Paragraph 6 above and impose an increased charge if Lessor deems same to be necessary based upon actual billing statements as provided by the utility service provider. Early Termination 15. Lessee understands that Lessor is in the process of evaluating the redevelopment of the parking garage facility and the demised premises. Lessee further understands that such redevelopment plan may require the removal of Lessee from the demised premises. In the event that Lessor intends to move Lessee from the demised premises to a new location pursuant to such redevelopment plan, the parties hereto agree to terminate this agreement upon twenty-four (24) months prior written notice from Lessor to Lessee. Nonetheless, the City acknowledges a requirement to continue to provide a visitors center of approximately 300 square feet. Additionally, with six (6) months notice, the City may exercise an option to have Stay Aspen/Snowmass vacate that portion of the floor area leased by ACRA for SAS use. Move out dates for SAS shall fall in April, May or September in any given year and shall in no case be less than 180 days. This shall in no way affect the lease term for the area leased to ACRA which is occupied by ACRA. Maintenance of Premises 16. Lessor shall, at its own expense, keep the roof, structural parts of the floor, the walls, and all structural parts of the premises in good repair and make necessary repairs upon written notice by Lessee. Additionally, Lessor shall maintain, to the satisfaction of Lessee, heating, plumbing, electrical, ventilation and air-conditioning systems servicing the leased premises in good and sufficient operating condition. All other repairs and any repairs or damages caused by the negligence of the Lessee or the failure of the Lessee to maintain the premises as required in paragraph 17, below, shall be made by Lessee at its cost and expense. 17. Lessee shall, at its own expense, keep and maintain the leased premises and entrance ways leading thereto in good condition and do all work or repairs necessary to keep the premises in a safe condition and from deteriorating with the exception of normal wear and tear and aging consistent with normal office usage and time. Lessee shall also maintain the premises consistent with all applicable laws, ordinances, or governmental safety regulations applicable to the premises. In these 4 respects, Lessee shall permit Lessor, through its officers and agents, to make inspection of the premises at any time on reasonable advance notice for purposes of managing the condition of the property. 18. Lessor shall in no way, nor under any circumstances, be responsible for any property of the Lessee, its employees or agents, customers, or invitees that may be stolen, destroyed or in any way damaged while on the leased premises, and Lessee agrees to indemnify and hold harmless Lessor from any such claim. Insurance and Liability 19. It is expressly agreed that Lessee shall occupy and operate the leased premises as an independent contractor and not as an agent, representative or employee of Lessor. Lessee shall be solely responsible for the acts and omissions of its employees and agents and nothing herein shall be construed as creating a partnership or joint enterprise between Lessor and Lessee. 20. Lessee agrees to indemnify Lessor, its employees, officers and agents, from any and all claims, causes, judgments, or liability for any losses or damage to any property of, or any injury or death to, any persons in or about the Leased Premises during the term of this Lease, including, but not limited to Lessee, Lessee's family, agents, servants, guests, licensees, or invitees, except claims or losses that are the result of Lessor's negligent or willful misconduct. 21. Lessee agrees to furnish Lessor with certificate(s) of insurance as proof that it has secured and paid for a policy of public liability insurance covering all public risks related to the leasing, use, occupancy, maintenance, operation or location of the leased premises. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to Lessor. The amount of this insurance, without co-insurance clauses, shall not be less than the maximum liability that can be imposed upon the City of Aspen under the laws of the State of Colorado found at C.R.S. Section 24-10-101 et seg., as amended. At present, such amounts shall be as follows: - $150,000.00 for any injury to one person in any single occurrence; - $600,000.00 for any injury to two or more persons in any single occurrence. These insurance amounts may be revised upward at Lessor's option and Lessee shall do so within ninety (90) days following notice to Lessee of such new required insurance amounts. In no event shall such insurance 5 amounts fall below those maximum liability limits as set forth at C.R.S. Section 24-10-114, as amended. 22. During the full term of this lease, Lessee, at its sole cost and expense, shall also cause all the leased premises and improvements on the leased premises to be kept insured, without co-insurance clauses, to the full insurable, value against the perils of wind storm, hail, lightening, explosion, fire and like perils. "Full insurance value" means the actual replacement value less physical depreciation. The insurance shall be procured from a company authorized to do business in the State of Colorado and be satisfactory to the Lessor. 23. Both the Lessor and the Lessee waive any right of subrogation which their respective insurors may acquire against either of them. Both of these waivers shall automatically terminate at such time as either party's insurer requires that an additional premium be paid as a consequence of this waiver provision. 24. If, absent negligence or fault on the part of Lessee, the leased premises shall be damaged by fire or other catastrophe so as to render said premises wholly untenantable, and if such damage is so great that a competent licensed architect in good standing in Pitkin County, Colorado, as selected by the Lessor, shall certify in writing to the Lessor and Lessee that the premises, with reasonable diligence, cannot be made fit for occupancy within ninety (90) days from the happening of the occurrence of the damage, then the lease shall terminate and Lessor may re-enter and take possession. Lessee shall pay rent, duly apportioned, up to the time the lease shall be terminated as herein provided. Such a termination of the lease shall not forgive Lessee's obligations to return the premises to Lessor in as good repair as when Lessee originally assumed possession thereof, regular and ordinary wear and tear excepting. Alternatively, Lessee shall subordinate its rights and interests in any insurance proceeds as provided for in Paragraph 24 below. If, however, the damage is not such as to prevent reoccupation and use of the premises within ninety (90) days, then repairs thereto shall be undertaken by Lessee with all reasonable speed to restore the premises to its former condition and rent shall only be abated for that period of time during which Lessee shall be deprived of actual use of the premises as a result of the damage and repairs undertaken thereto. 25. Lessee shall name Lessor as co-insured on all insurance policies and such policies shall include a provision that written notice of any non-renewal, cancellation or material change in a policy by the insurer shall be delivered to Lessor thirty (30) days in advance of the effective date. In the event the leased premises is destroyed by fire or other insured casualty, Lessor shall, at a minimum, be entitled to so much of the insurance 6 proceeds representing its actual costs in finishing and improving the premises as described in Paragraph 13 above and in restoring the premises to its original unfinished and unimproved condition. Should insurance proceeds be insufficient to restore the premises to its original condition, Lessee shall make up and satisfy such deficiency. Alterations to Premises 26. Lessee, upon Lessor's written consent, may, at its own expense, make reasonable and necessary alteration or improvements to the leased premises. All alterations, additions and improvements shall be performed in a workmanlike manner, in accordance with all applicable building and safety codes, and shall not weaken or impair the structural strength or lessen the value of the premises. All alterations, additions and improvements made in or to the premises shall be the property of Lessor and remain and be surrendered with the premises upon termination of this lease. Lessee agrees that prior to any construction or installation of alterations, additions or improvements, Lessee shall post on the premises in a conspicuous place a notice of non-liability for mechanic's lien as specified at C.R.S. Section 38-22-105 on behalf of Lessor and shall notify Lessor of such posting and the exact location of same. Perfection of a mechanic's lien against the leased premises as a result of Lessee's acts or omissions may be treated by Lessor as a material breach of this lease. 27. Lessor reserves the right, from time to time, at its own expense and by its officials, employees and contractors, to make such alterations, renovations or repairs in and about the leased premises, other than those noted above as required by Lessee, as Lessor deems necessary or desirable and Lessee covenants to make no claim against Lessor for any interference with its interests as herein provided in the premises. Lessor shall provide reasonable notice to Lessee in advance of any intent to undertake alterations or repairs as authorized in this paragraph. Quiet Enjoyment 28. Lessor agrees that Lessee, upon timely payment of rent and observing and keeping those terms and conditions of this lease to be observed and kept by Lessee, shall lawfully and quietly hold, occupy and enjoy the leased premises during the term of the lease subject to, however, those conditions which may be reasonably anticipated in connection with the operation of a parking garage facility. Taxes 29. In the event any taxes are levied and assessed upon the leased premises or upon the improvements, fixtures or personal property of the Lessee 7 located on the leased premises, or upon the leasehold or possessory interests as created through this lease, Lessee shall be solely responsible to satisfy and pay all such taxes or assessments to exist with respect to the leased premises, except that Lessee may permit such taxes or assessments to remain unpaid while pursuing any good faith contest or appeal of same. Condemnation 30. If during the term of this lease, or any renewal of it, the whole or part of the leased premises or such portion as will make the leased premises unusable for the purpose leased, or the leasehold interest, be condemned by public authority, including Lessor, for public use, then the lease term granted herein shall cease as of the date of the vesting of title in the premises in such condemning authority, or when possession is given to such authority, whichever event occurs first. Upon such occurrence, the rent as due hereunder shall be apportioned as of that date and any prepaid rent shall be returned to Lessee. Lessee shall not be entitled to any part of any condemnation award for the value of the un-expired term of this lease or for any other estate or interest in the leased premises, such amount belonging entirely to Lessor Default/Termination 31. If Lessee shall fail to timely comply with any of the terms or conditions of this lease or any notice given under it, or if it shall remove or manifest an intention of removing its furniture, business equipment, or fixtures from the leased premises while in arrears as to the payment of rent, or shall become insolvent, or shall have or attempt to make an assignment for the benefit of creditors, or if any of its property be attached and such attachment is not promptly released, or if an execution be issued against it, or, if a petition be filed by or against it, to have it adjudicated a bankrupt, or if a trustee or receiver shall be created or appointed to take charge of its assets, or if it shall abandon the premises for a period of more than seventy-two (72) hours, then at any time afterwards Lessor may at its option enter into the premises and remove all persons and take and retain possession thereof either with or without process of law. 32. Any breach, default or failure by Lessee to perform any of the duties or obligations assumed by Lessee, or to faithfully keep and perform any of the terms herein, shall be cause for termination of the lease by Lessor in the manner set forth in this paragraph. Lessor shall deliver to Lessee ten (10) days prior written notice of its intention to terminate this lease, including in the notice a reasonable description of the breach, default or failure. If within that ten (10) days Lessee shall fail or refuse to cure, adjust or correct it to the satisfaction of Lessor, then Lessor shall have the right to declare the lease terminated and all rights, powers and privileges 8 of Lessee as provided through this lease shall cease and Lessee shall immediately vacate the premises and shall make no claim of any kind against Lessor by reason of the termination. 33. The ten (10) days' prior written notice shall be conclusively determined to have been delivered to Lessee upon posting of same upon the main business entrance to the premises or at the time it is deposited in the U.S. Mail, certified, postage prepaid, addressed to President, Aspen Chamber Resort Association, 425 Rio Grande Place, Aspen, Colorado 81611, or such other address as otherwise designated in writing by Lessee. 34. Any failure by Lessor to so terminate this lease as herein provided or the acceptance by Lessor of rent for any period after the breach, default or failure by Lessee to adhere to the terms of the lease shall not be determined or construed to be a waiver or continuing waiver by Lessor of any rights to terminate the lease for any present or subsequent breach, default or failure. 35. Lessee agrees that it will, at the end of the term of the lease, peaceably deliver to Lessor the leased premises and all fixtures and improvements on it in a good state of repair, and vacant, unencumbered, and in good and tenantable condition. Compliance with Laws/No Discrimination 36. Lessee agrees to comply with all laws, ordinances, rules and regulations that may pertain or apply to the leased premises and its use. In performing under the lease, Lessee shall not discriminate against any worker, employee or job applicant, or any member of the public, because of race, color, creed, religion, ancestry, national origin, sex, age, marital status, physical handicap, affectional or sexual orientation, family responsibility or political affiliation, nor otherwise commit an unfair employment practice. Notices 37. Whenever this lease calls for or provides for notice and notice is not otherwise specified, the same shall be provided in writing and shall be served on the person(s) as designated by the parties below, either in person or by certified mail, postage prepaid and return receipt requested: For Lessor: Aspen City Manager 130 South Galena Street Aspen, Colorado 81611 9 For Lessee: President and CEO Aspen Chamber Resort Association 425 Rio Grande Place Aspen, Colorado 81611 The parties may change or add such designated person(s) or addresses as may be necessary from time to time in writing. Successors and Assigns 38. All of the terms and conditions as contained in this lease shall inure to the benefit of and be binding upon the successors and assigns of the parties. Headings 38. Headings contained herein are for convenience of reference only and are not intended to define, limit or describe the scope or intent of any provision of this lease. Governing Law 39. This lease shall be enforced and interpreted in accordance with the laws of the State of Colorado. Any action brought to enforce or interpret this lease shall be brought in the District Court in and for Pitkin County, Colorado. In the event of litigation between the parties concerning this lease or matters arising there from, the prevailing party shall be awarded its costs and reasonable attorney's fees. Modifications 40. This instrument constitutes the entire agreement by the parties concerning the leased premises and any prior or contemporaneous oral or written agreement that purports to vary from the terms as set forth herein shall be void and of no effect. 41. The lease and all of its terms and conditions may not be amended or modified absent a written agreement duly executed by Lessor and Lessee. Counterparts 42. This lease has been executed in three (3) counterparts, each of which shall be deemed an original. 10 WHEREFORE, the parties, through their duly authorized representatives, have executed this lease upon the dates as set forth herein. CITY OF ASPEN, COLORADO Date: By:_ Michael Ireland, Mayor ATTEST: Kathryn S. Koch, City Clerk ASPEN CHAMBER AND RESORT ASSOCIATION Date: By: Debbie Braun, President and CEO ATTEST: JPW-4/2/2 0 1 24/2/2_012-GAjohnAwordAagrAacra-Ieasc.doc 11 Vie- MEMORANDUM TO: Mayor and City Council FROM: Andy Rossello, Utilities Engineer Mike McDill, Deputy Director of Utilities THRU: Dave Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: April 2"d, 2012 MEETING DATE: April 9t", 2012 RE: Approval of a contract between the City of Aspen and Miller Electrical Service to bring Leonard Thomas Reservoir Meter Vault on to City Power. REQUEST OF COUNCIL: Staff requests a contract award to Miller Electric Services in the amount of$68,560.80 for the installation of City furnished electric Primary Material, and Contractor Supplied Secondary Electric Material to bring the Leonard Thomas Meter vault onto the City of Aspen's Electric system. PREVIOUS COUNCIL ACTION: Council has already approved the purchase of large materials for this job i.e. Transformers, Switch Gears, Electrical Vaults, and Cable (Resolutions #61, 62, 63, &71). It is important to pass this portion so that we may install already purchased components. BACKGROUND: The existing meter vault is currently powered by over 360 feet of Extension Cord run above ground, served by Holy Cross, which supplies electricity to a small heater to prevent existing elements of the installation from freezing. This project will supply a stable power supply through the municipal system as well as give the City remote SCADA control of multiple components not currently served through the over-ground Electric. DISCUSSION: This project went through an open bid process to determine the most appropriate bidder. The option to power this facility with Holy Cross Power through over ground extension cords is at best a good temporary fix. As this project will eventually constitute a through feed to bring City Water Plant Facilities onto the City Electric System furthering total renewable and Electric Utility Goals. FINANCIAL/BUDGET IMPACTS: The cost of the installation for this project is $68,560.80. The initial budgeted amount for this labor was $90,000 and this bid is within those constraints. Page 1 of 2 The overall budget for the Aspen Express Feeder projects was $2.02 million. With engineering design completed, materials purchased, and large amounts of the installation complete including the ARC and City Parks Facilities. The overall project remains on budget. ENVIRONMENTAL IMPACTS: The net reduction in carbon dioxide emissions will be 1125 tons/year for the combined elements of the Express Feeder circuit due to the increase in renewable energy available to customers on the City municipal system. A direct comparison of CO2 levels is: 0.53 lbs co2/kwh for the City vs. 1.78 lbs co2/kwh for HCE. RECOMMENDED ACTION: We request the council approve the expenditure of$68,560.80 for the purchase of electric vaults to enable construction of the next phase of the Express Feeder project. ALTERNATIVES: The alternatives would be for the Leonard Thomas Meter Vault to continue being served by an overland extension cord from Holy Cross Electric Association, and to remain limited in the communication and control of Leonard Thomas Reservoir. PROPOSED MOTION: I move to approve Resolution #5) CITY MANAGER COMMENTS: it ILL-44Le-PCS . icv-ce � 3 Ci a ATTACHMENTS: A. Contract Page 2 of 2 RESOLUTION NO. SD Series of 2012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR CONSTRUCTION, BETWEEN THE CITY OF ASPEN AND MILLER ELECTRICAL SERVICES LLC, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a contract for construction for installation of City furnished electric primary material and contractor supplied secondary electric material to bring the Leonard Thomas Meter vault onto City of Aspen's electric system, between the City of Aspen and Miller Electrical Services, LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that contract for construction, between the City of Aspen and Miller Electrical Services, LLC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or 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 day of , 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk TN-4/2/2012-34304-G:\Tara\FILES M-Z\RESOS\Mi ller Electrical.LeonardTHomasReservoirMeterV ault docx The City of!keen CONTRACT FOR CONSTRUCTION City llmorney$Clhce THIS AGREEMENT, made and entered into on April 9, 2012, by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and MILLER ELECTRICAL SERVICES LLC, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2012-013 LEONARD THOMAS METER VAULT ELECTRICAL AND EXPRESS FEEDER, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: 1. The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. 2. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. 3. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. 4. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Sixty Eight Thousand Five Hundred Sixty Dollars and Eighty Cents ($68.560.80) or as shown on the BID proposal. 5. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the CC1-971.doc Page 1 "CC1 Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. 6. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. 7. This Contract For Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract For Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. 8. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. 9. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 10. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 11. The parties agree that this Contract For Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. 12. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 13. This Contract For Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract For Construction. CC7-971.doc Page 2 "CC7 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By: Title: APPROVED AS TO FORM: City Attorney ATTESTED BY: CONTRACTOR: By: Title: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC1-971.doc Page 3 "CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF ) SS. COUNTY OF On this day of , 2012, before me appeared , to me personally known, who, being by me first duly sworn, did say that s/he is of and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Public Address My commission expires: CC1-971.doc Page 4 "CC1 BID PROPOSAL FORM Revised 03/20/2012 PROJECT NO. : 2012-013 BID DATE: March 22,2012 PROJECT: 2012-013 Leonard Thomas Meter Vault Electrical and Express Feeder / PROPOSAL SUBMITTED BY: M. /kit G/ c/41 c 4 ( SPAt)i'cis LLC CONTRACTOR CONTRACTOR'S PROPOSAL TO: The Governing Body of the City of Aspen,Colorado The undersigned responsible bidder declares and stipulates that this proposal is made in good faith,without collusion or connection with any other person or persons bidding for the same work, and that it is made in pursuance of and subject to all the terms and conditions of the advertisement for bid,the invitation to bid and request for bid,all the requirements of the bid documents including the plans and specifications for this bid, all of which have been read and examined prior to signature. The bidder agrees to keep this bid open for Slzty (60)consecutive calendar days from the date of bid opening. The Contractor agrees that construction shall start immediately following a mandatory pre-construction conference held by the Water Department, which also constitutes the Notice to Proceed. Submission of this proposal will be taken by the City of Aspen as a binding covenant that the Contractor will finish construction within the time specified in the Special Conditions of this contract document. The City of Aspen reserves the right to make the award on the basis of the bid deemed most favorable to the City,to waive any informalities or to reject any or all bids. The City shall not pay the Contractor for defective work and/or for repairs or additional work required for successful completion of the project. All work not specifically set forth as a pay item in the bid form shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in the prices bid for the various items of work. Prices shall include all costs in connection with furnishing the proper and success completion of the work, including furnishing all materials, equipment and tools,and performing all labor and supervision to fully complete the work to the City's satisfaction. Poor quality and workmanship shall not be paid for by the City. Such work product must be removed immediately and replaced properly at no cost to the City. All quantities stipulated in the bid form at unit prices are approximate and are to be used only as a basis for estimating the probable cost of work and for the purpose of comparing the bids submitted to the City. The basis of payment shall be the actual amount of materials furnished and work done. The Contractor agrees to make no claims for damages,anticipated profit,or otherwise on account of any differences between the BPI-971.doc •BP1 �)n Contractors Male amount of work actually performed and materials actually furnished and the estimated amount of work. The City reserves the right to increase or decrease the amount of work to be done on the basis of the bid unit price and up to plus or minus Twenty Five(25)Percent of the total bid. By signing this document,Contractor certifies and represents that at this time: (i) Professional shall confirm the employment eligibility of all employees who are newly hired for employment in the United States;and (ii)Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that it does not employ illegal aliens. I hereby acknowledge receipt of ADDENDUM(s)numbered / through .2 ESTIMATED QUANTITY LIST Item Description Totals 1. Express Feeder Primary Cable and Electrical Facilities Installation. Includes installation(except where specifically noted otherwise)and handling all required City of Aspen supplied materials and equipment, locating existing conduits,vaults,and other utilities,any excavation required to expose or locate conduits,vaults or other items,de- watering of existing vaults if needed,wire installation and pulling in existing conduits,installation of transformers,Vista Switchgear and sectionalizing cabinet and all other City of Aspen supplied and contractor supplied electrical facilities on or in existing vaults,all terminations and connections in vaults and electrical facilities,clean- up,revegetation and all other items as needed to complete the Express Feeder System as shown on the drawings and as specified,except those items specifically listed hereinafter in the Proposal,at the unit price per each or per foot installed measured from center of vault to center of vault. la. 500 kcmil AL 25kV Cable:Install and pull 3 phases of 500 kcmil AL cable installed in existing 6-inch,Electrical Schedule 40 Conduits. (INSTALLATION ONLY,materials supplied by COA) 5SSd I.f.@ $ /L. 8'2' /LF= $ 9/ 87 V. IC) lb. 1/0 AL 25kV Cable:Furnish and install 3 phases of 1/0 AL cable in existing 6-inch,Electrical Schedule 40 Conduits between Vista Switchgear and transformer. 40+1.f.® $ 3 3. f o /LF= $ / yy 0 Q BPI.971.doc *BPI P��Z Contractor's Initials id. Electric Facilities Installation: Transformers, Vista Switchgear and sectionalizing cabinet, lids, all connections, grounding, and terminations/elbows. To include handling for transformers, Vista Switchgear and sectionalizing cabinet from the COA storage facility at the WTP or at Pro Build Lumber in the Aspen Airport Business Center (—3miles away),removing and replacing vault lids. (INSTALLATION ONLY—materials supplied by COA) $ 9 810. O d 3 each @$ 2 r d &0. ad /each vault= 7, it Splice Vault Connections:: All materials to provide splices for the 3 phase 500kcmil AL 25kV cable in each splice vault: G d 0 2each @$ 60d.°" /each= $ f/ Z 01 It 1/0 AL 25kV 200A Elbows:Furnish and install all materials to provide 200A elbow terminations of 1/0 AL 25kV cable at Vista Switchgear and transformer. J 2 sets of 3 Elbows @ $ G 0U• of /each= $ /, 300• lg. Provide T-Body Splices i Furnish and install all materials to provide 25kV 600A T-Body terminations of 500 kcmil and 750 kcmil 25kV cable at Elec Mil E-7 in lieu of Sectionalizing Cabinet under Bid I d: Contact Decrease for a / /vD D Lump Sum Price Deduct= $ / J.EXPRESS FEEDER PRIMARY TOTALS (la-lel $ ,1 0� '9 r D 2. Leonard Thomas Meter Vault Electrical: Supplying all labor and materials to provide power,electric,and HVAC to the existing Leonard Thomas Meter Vault. This item is to include all interior conduits and wire for power and controls for the meter vault. All exterior conduits and wire for controls and power outside the meter vault to the intake structure,(note the underground portion of these conduits has been installed), all conduits and wire for lighting on top of the meter vault,installation of power wiring from the transformer installed as part of this contract to the meter vault inside existing 2"conduit,all other electrical or HVAC conduits, wire required for the intake and meter vault,lights,switches,coordination with COA electrical and controls contractors,(Controls by TLECC, See Bid Item 2b),testing and operation of all existing equipment and all other items needed to complete the electrical and HVAC portion of the intake and meter vault as detailed and specified on the drawings and in the specifications, $ /I 660. v r) fora Lump Sum price of 0P1.971.cloc 18P1 Page 3 Contractor's Initials 2a CONTROL EOUIPMENT OUOTE:TLECC is providing all control equipment per the quote in Specifications Section 16910. Contractor is to install all equipment,conduits and wire. This quote is for providing the equipment along with programming and start-up services for a lump sum of= $ 26,402.00 2b CONDUIT"DEDUCT"ALTERNATIVE BID:Deduct in Leonard Thomas Meter Vault Electrical to use EMT conduits in lieu of specified GRC in all locations fora Lump sum of $ / a 00 ° 2.LEONARD THOMAS MV ELECTRICAL TOTALS(2-2a) = $ Y$,0 6.2. Co ALT-2.LEONARD THOMAS MV ELECTRICAL TOTALS (2,2a,2b)_ $ Y` 8'6 2, ° TOTAL BID (1 and 2) Total Bid in Numbers: ` <� Zia co Total Bid in Words: SL,-5, , f �; ��, c--QC.k Ac 2/4 Yr _ TOTAL BID (1,2a and Alt 2b) including CONDUIT DEDUCT(Bid Item 2b) Total Bid in Numbers: �%( 7De. ro Total Bid in Words: �. � ,Gv �.a.s��v w /4/.,.461 I acknowledge that in submitting this bid it is understood that the right to reject any and all bids has been reserved by the owner. Authorized Officer. J d � S Y%4 ,Title: C Ev Full name signature: Company address: 0 7o>- 76f ASPr',1/ Cd @1/2 Telephone number: l'74- /a-s%tV/ znumber: t/.'/%�-r F'- ;;;'c SP/ry^uei Cori-t Attested by: BPI-9714o0 'BPI P e a Conti tlInlUak Subcontractor & Material Supplier List Name: O n ,Phone#: 57U J%Yf'S�J , c'4 l `,� Address: / y `/U W/Aron s � ✓u• • ,•••> ea cvs o/ Service or Product: f%c/ /te.i r Name: f% bawl ( 9Z77S ,Phone#:3a3 J3?y37f Address: $A"7j W' (✓lf A}r AO! AW ted rot-/," Service or Product: fe% Name: A Sfl e- t{/t a-1i( ft, ✓h- ,Phone#:176 •5(3Ja76 Address:1/// it r/4 t j to 7/6) Service or Product: �/ Cna.vt ne.j, N a m e: A// O'Fr 5 Sy,f/� ,Phone it:Pd-9Yf`.�/' Address:,f'?f 2 co" /lz 6%,v.utu rci ea Qift/ Service or Product: 7Ak& 'c. .f7i,t S Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: Name: ,Phone#: Address: Service or Product: BP1-971.doc 9BP1 P Contractors Initials MEMORANDUM TO: Mayor and City Council FROM: Mary Lackner, GIS Manager THRU: Jim Considine, IT Director DATE OF MEMO: April 3, 2012 MEETING DATE: April 9, 2012 RE: Contract Approval Aerial Photography and LiDAR data REQUEST OF COUNCIL: Staff recommends the approval for the contract to purchase aerial photography and LiDAR data for 11.9 square miles in and around Aspen. The total contact cost is $59,935 with the option to purchase additional products that total $38,160. PREVIOUS COUNCIL ACTION: The Asset Management Plan contains a$100,000 budget item for this purchase. City Council approved the 2012 Asset Management Plan in the 2012 Budget. DISCUSSION: The City is committed to updating its Geographic Information System by obtaining new aerial photography every 4 years. The last flyover of the Aspen Metro Area was in 2008. Updated aerial photography and terrain data is important to integrate changes in built environment into the GIS database. This flyover will acquire LiDAR data for the entire project area. LiDAR is a laser sensor that captures terrain features (natural and man-made) as a high-resolution point cloud. There are many products that can be derived from this data including a digital elevation model, 3D surfaces, contour generation and building masses. This is the City's first acquisition of LiDAR which will benefit several City programs including storm water management, planning, engineering, and the public. A multi-department team met to determine the data needs of the flyover project. This team included the following departments: Parks, Engineering, Community Development, and GIS. This same group reviewed the RFPs and scored Aero-Graphics the highest score to win the contract. New data acquired from the flyover will be available for public viewing on the interne at www.aspenpitkin.com/gismo, approximately four months after the acquisition. The same data will be available for purchase from the GIS department. Page 1 oft FINANCIALBUDGET IMPACTS: The acquisition of new aerial photography, and related data layers, is in the 2012 budget. The City has been collecting a digital submission fee with all building permits that add square footage, which helps offset the cost of the flyover. This fee is currently $220 for new construction permits. Though this revenue source the City has collected: 2012 $ 740 (year to date) 2011 $ 5,750 2010 $ 4,200 2009 $ 5,455 The GIS department uses imagery on many of the products we sell including data exports and custom maps. Data exports include ortho images, contour data, planimetric features, and other thematic data. When new data is acquired, sales for these products increase as customers desire the most current information. Revenues collected by GIS are distributed between the City and County. Although GIS does not break down the actual data type to just orthophotography and contours, here is a summary of data export revenues for the past three years. Also included is the external GIS department revenue. Data Export Sales External GIS revenue % of Total 2011 $ 18,665 $ 54,068 35 2010 $ 11,622 $ 40,639 29 % 2009 $ 7,618 $ 30,600 25 % ENVIRONMENTAL IMPACTS: Having current data available to City staff decreases the number of site visits to confirm what current site conditions are. This saves driving by City staff. RECOMMENDED ACTION: Staff recommends the approval of this contract for new aerial photography and LiDAR data. ALTERNATIVES: If Council does not want to approve the staff recommendation, the flyover will not take place. At this time there are not adequate alternatives for acquiring this detailed data. PROPOSED MOTION: "I move to approve Resolution #31, of 2012" on the consent calendar of Monday, April 9, 2012. �L CITY MANAGER COMMENTS: Lavww't/3- o `bui ` Page 2 of 2 RESOLUTION # 31 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR 2012 AERIAL FLYOVER BETWEEN THE CITY OF ASPEN AND AERO-GRPAHICS 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 the 2012 Aerial Flyover, between the City of Aspen and Aero-Graphics, 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 the 2012 Aerial Flyover, between the City of Aspen and a Aero-Graphics, 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 9`" day of April 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 9, 2012. Kathryn S. Koch, City Clerk The City elM Men CITY OF ASPEN STANDARD FORM OF AGREEMENT -2009 PROFESSIONAL SERVICES City of Aspen Project No.: 2012-023. AGREEMENT made as of 9th day of April, in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o GIS 130 South Galena Street Total: $59,935.00 Aspen, Colorado 81611 Phone: (970) 920-5055 If this Agreement requires the City to pay And the Professional: an amount of money in excess of $25,000.00 it shall not be deemed valid Aero-Graphics until it has been approved by the City Council of the City of Aspen. c/o Brad Marz 40 West Oakland Avenue City Council Approval: Salt Lake City, UT 84115-3007 Date: April 9, 2012 Phone: 801-428-3123 Resolution No.: For the Following Project: City of Aspen Aerial Flyover Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work. Exhibit B: Fee Schedule. Agreement Professional Services Page 0 The City and Professional agree as set forth below. 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 Nov. 1, 2012 . 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 Agreement Professional Services Page I for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 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 be half 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. C ity is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 8. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the 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 a bove. 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 Agreement Professional Services Page 2 assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (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 Agreement Professional Services Page 3 carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising from completed operations. The Professional shall be solely responsible for any deductible losses under any policy required above. (d) T he certificate of insurance provided by the City shall be completed by the Professional's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be reviewed and approved by the City prior to commencement of the contract. No other form of certificate shall be used. The certificate shall identify this contract and shall provide that the coverages afforded under the policies shall not be canceled, terminated or materially changed until at least thirty(30)days prior written notice has been given to the City. (e) Failure on the part of the Professional to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which City may immediately terminate this contract, or at its discretion City may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by City shall be repaid by Professional to City upon demand, or City may offset the cost of the premiums against monies due to Professional from City. (f) City reserves the right to request and receive a certified copy of any policy and any endorsement thereto. (g) The parties hereto understand and agree that City is relying on,and does not waive or intend to waive by any provision of this contract, the monetary limitations (presently $150,000.00 per person and $600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, Section 24-10-101 et seq., C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 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. Agreement Professional Services Page 4 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. 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 C olorado 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. Agreement Professional Services Page 5 "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 (ii) Professional has participated or attempted to participate in the Basic Pilot Program in order to verify that new employees are not employ illegal aliens. (d) Professional hereby confirms that: (i) Professional shall not knowingly employ or contract new employees without confirming the employment eligibility of all such employees hired for employment in the United States under the Public Contract for Services. (ii) Professional shall not enter into a contract with a subcontractor that fails to confirm to the Professional that the subcontractor shall not knowingly hire new employees without confirming their employment eligibility for employment in the United States under the Public Contract for Services. (iii) Professional has verified or has attempted to verify through participation in the Federal Basic Pilot Program that Professional does not employ any new employees who are not eligible for employment in the United States; and if Professional has not been accepted into the Federal Basic Pilot Program prior to entering into the Public Contract for Services, Professional shall forthwith apply to participate in the Federal Basic Pilot Program and shall in writing verify such application within five (5) days of the date of the Public Contract. Professional shall continue to apply to participate in the Federal Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Professional is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Federal Basic Pilot Program is discontinued. (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: Agreement Professional Services Page 6 (I) Notify such subcontractor and the City of Aspen within three days that Professional has actual knowledge that the subcontractor has newly employed or contracted with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the new employee who is an illegal alien; except that Professional shall not terminate the Public Contract for Services with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (vi) Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the Colorado Department of Labor and Employment undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. (vii) If Professional violates any provision of the Public Contract for Services pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City of Aspen may terminate the Public Contract for Services. If the Public Contract for Services is so terminated, Contractor shall be liable for actual and consequential damages to the City of Aspen arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. (ix) If Professional operates as a sole proprietor, Professional hereby swears or affirms under penalty of perjury that the Professional (I) 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) P rofessional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon a n 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) P rofessional 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 Agreement Professional Services Page 7 ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) P rofessional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: I. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a Professional, contractor or subcontractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Professional; and 4. Recover such value from the offending parties. I7. 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. Agreement Professional Services Page 8 IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first written above. CITY OF ASPEN, COLORADO: PROFES:5R : [Signature] [Si ahue] / �� By: By: 6.--ad rv1arZ- [Name] [Name] Title: Title: iDate: Date: 3/2 � I Z Approved as to form: City Attorney's Office Agreement Professional Services Page 9 Exhibit A to Professional Services Agreement u aero-graphics Statement of Understanding The general scope of this project is to procure precise orthorectified imagery, LiDAR acquisition and processing, 3-D building wire frames and Oblique color imagery of Aspen. This will assist the city and other local agencies in supporting planning and engineering projects,to update existing GIS planimetric feature layers and for public use. Aero-Graphics recognizes that the required orthoimagery coverage encompasses approximately 11.9 square miles around Aspen.Acquisition of the imagery will occur with our Microsoft/Vexcel UltraCam X digital camera system at a ground sample distance (GSD)of 6.7cm. Boundaries for the acquisition phase are shown below in Exhibit 1. -date Controlpoint locations are approximate and will vary;;. depending on access ■ I,.r Exhibit 1. Boundaries of the orthophoto(red),Option 1 LiDAR(red),Option 2 LiDAR(tan),Highway Corridor 3D Wireframe/Simple Structures(cyan) Aero-Graphics,Inc: Geospatial Services 4 aero-graphics Deliverables will include: Product 1: Digital Orthophotographs • 3-band natural color, 3-inch GSD orthophotography in TIFF and MrSID formats along with associated TFW and SDW files. • Entire project mosaic in TIFF and MrSID formats. • Project metadata • AT Report in PDF format • Camera Calibration Report in PDF format • GPS Survey Report in PDF format and file Geodatabase • Ground Control Layer in a file Geodatabase with descriptive attributes • Photo Center Layer in a file Geodatabase with altitude,data and time attributes • Flight Line Layer in file Geodatabase with time,date and elevation attributes • PLSS tile index in PDF and SHP file format • Data will be referenced to State Plane, Colorado Central Zone, NAD83.Vertical will be based on NGVD29. Units will be U.S.Survey Foot. Data to be furnished on USD-II compatible portable hard drives. Product 2: LiDAR Acquisition Aero-Graphics will utilize its Optech Orion LiDAR sensor to acquire 8 points/m2 data throughout the Option 1 (Red boundary)or Option 2 (Tan Boundary)area.The data will be delivered as LAS 1.2 format files. • Unclassified point cloud data in LAS 1.2 format. • Classified point cloud data in LAS 1.2 format(Bare-earth and First Return) • Data will be referenced to State Plane,Colorado Central Zone, NAD83.Vertical will be based on NGVD29. Units will be U.S.Survey Foot. Data to be furnished on USD-II compatible portable hard drives. Product 3:3D Wireframes/Simple Structures Aero-Graphics will utilize the acquired digital imagery to collect the building data requested. Option 1-3D Wireframes for approximately 100 buildings within the Red Boundary. Option 2—3D Wireframes for the buildings within the Cyan Boundary. • 3D Wireframe data in SHP file format. Option 3—Simple 3D Structures • Building footprint and a spot elevation at the highest elevation point within the polygon in SHP file format. Aero-Graphics, Inc: Geospatial Services 5 aero-graphics Product 4:Obliques of Aspen Aero-Graphics will utilize its gyro-mounted Hasselblad H4D-40 digital camera for this task. • 25-30 exposures delivered in TIFF format. Product 5:Open-Ended Based upon the stated use of Products 1-4 the following products are suggested for your consideration: • Color Infrared,3-inch GSD orthophotography in TIFF and MrSID formats along with associated TFW and SDW files. • Bare-earth DEM surface data with 3'cell size • One-foot contour data generated without breaklines • One-foot contour data generated with breaklines • Classified LiDAR data- Buildings • Aero-Graphics,Inc: Geospatial Services 6 4- aero-graphics Project Management.Since 1965,Aero-Graphics has established a strong record of completing geospatial projects on time,on budget,and of the highest quality for , - numerous government entities and regional consortiums throughout the United States. ham , Since aerial imagery ages quickly,Aero-Graphics focuses on the timely delivery of I i customized geospatial solutions. We own and operate a full-time aerial photography service and rely on talented in-house production personnel.This allows us complete control of our flight and production schedules. These advantages, coupled with being invested in reliable,state-of-the-art equipment, help our schedule to virtually never slip. No portion of this project will be subcontracted. For over 20 years,Aero-Graphics'personnel have streamlined the production of high- quality orthorectified imagery through direct digital acquisition and careful automation. This in turn has created more time for rigorous quality control and further innovation; all of this combines to accelerate delivery time and to ensure a product that exceeds client expectations. Client-Consultant communication throughout the project is vital to success. Aero- Graphics embraces this necessity by holding in-person kickoff and debriefing meetings, through weekly email updates,and by being available to discuss any project related issue at anytime throughout the project. Our project manager and technical specialists are available 24 hours a day, 7 days a week to support any needs the City may have at any stage,from project planning to execution, all the way through to post-delivery. Aero-Graphics always stands behind its services, whether within contract dates or far beyond. Aero-Graphics has developed a proven management strategy that produces accurate, timely deliverables in a cost-effective manner. This strategy includes the following key elements: • Clearly defined objectives • Intelligent mission planning • Prompt imagery acquisition • Adherence to project milestones • Effective production oversight • Constant communication These time-tested tenets have created a long tradition of exceeding clients' expectations. We are confident they will ensure the long-term success of this project. Furthermore,as technology evolves,Aero-Graphics is committed to embracing new innovations and using them to continually improve the delivery schedule and quality of the City's final deliveries. We look forward to an opportunity to demonstrate our capabilities on this project. Aero-Graphics, Inc: Geospatial Services 7 EXHIBIT B Fee Schedule Product 1 Digital Orthophotos $31,360.00 Product 2 LiDAR $27,965.00 Product 4 Oblique images $ 610.00 The City reserves the option to add one or more of the following after Products I, 2 and 4 are complete: Product 3 3D Structures $12,530.00 Product 5 Classified LiDAR data—buildings $ 9,910.00 DEM surface data in ESRI format $ 1,930.00 One-foot contours generated with breakline support $12,750.00 TIN for ARCGIS $ 1,040.00 Mks li MEMORANDUM TO: Mayor and City Council FROM: Chris Everson, Affordable Housing Project Manager THRU: Scott Miller, Capital Asset Director DATE OF MEMO: April 2, 2012 MEETING DATE: April 9, 2012 RE: 2012 Burlingame Phase IIA AI Construction Oversight Contracts REQUEST OF COUNCIL: Staff seeks approval of contracts for management and oversight of 2012 Burlingame Phase IIA access/infrastructure(AI) construction project. 1) Staff seeks approval of contract with Rider Levett Bucknall as Owner's Agent for Project/Program Management services during the 2012 Burlingame Phase IIA access / infrastructure(AI) 2012 construction project in the amount of$212,960. 2) Staff also seeks approval of contract with OZ Architecture for Architect Construction Administration services during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$207,211. PREVIOUS COUNCIL ACTION: At the March 6, 2012 City Council work session, Council approved the go-ahead of the 2012 Burlingame Phase IIA access / infrastructure (AI) construction project scheduled for April 30 through November 30 of 2012. At the regular City Council meeting on March 12, 2012, Council approved consent of the guaranteed maximum price (GMP) contract with Haselden Construction for the 2012 Burlingame Phase IIA access / infrastructure (AI) construction project scheduled for April 30 through November 30 of 2012. BACKGROUND: A number of business process improvement recommendations in the July 29, 2008 Real Estate Development Process Improvement audit provided to the City of Aspen by Alvarez & Marsal related to augmenting the City staff to provide management and oversight to reduce the City's risk exposure and to maximize the effectiveness of the City staff without hiring additional full time employees. In an effort to continue to fulfill the recommendations of the 2008 A&M audit, the Capital Asset department has built funding for third party project management and oversight into the Burlingame Phase II estimates, thus the contracts presented herein for approval are all planned elements that fit within the planned expenditure estimates and budgets that have already been shared with Council. DISCUSSION: The project team is assembling the construction management and oversight team described in the table below along with a process-driven management approach which will efficiently and effectively fulfill the management and oversight needs of this project. Page 1 of 3 THE CITY OF ASPEN Each of these third parties will report to the City of Aspen, either directly or as a subcontractor to a direct-report, not to the general contractor (GC), Haselden Construction. The GC, Haselden Construction, will provide communication and site accommodation to the City's oversight team to facilitate progress. Each construction management and oversight contractor will fulfill their oversight responsibilities, mitigate on-site installation issues in real time and publish detailed reports to the Owner's Agent on a weekly basis. The Owner's Agent will track work in process, summarize the weekly reports and advise the City staff of how best to utilize the staff's time to maximize effectiveness and limit the City's risk exposure throughout the construction. This approach will ensure proper installation of the infrastructure, produce a documentation repository which verifies proper installation of the infrastructure, and will allow the staff to focus on critical issues,rather than being spread too thin. FINANCIALBUDGET IMPACTS: Thus far, procurement of the oversight team is within budget and the status of each is shown below: Contracts submitted for consent today(4/9/2012): Role Firm Purpose Contract Contract Budget Status Owner's Agent Rider Levett Bucknall Project Submitted for $212,960 $207,792 Management consent Architect(including) OZ Architecture(primary) -Civil Engineer Lead Design -Alpine Engineering(sub) Submitted for -Landscape Architect team -Mt Daly(sub) consent $207,211 $300,000 -Structural Engineer construction -Waterproofing -Monroe&Newell(sub) administration 4/9/2012 Consultant -Weiss-Janney(sub) 'Total $420,171 $507,792 Continued next page... Page 2 of 3 THE CITY OF ASPEN Contracts to be submitted for consent soon (4/23/2012 or 5/14/2012): Contract Proposed Budget Role Firm Purpose Status Amount HV Electric Coming soon $516,000 $617,100 HV Elect Inspection Holy Cross Observation Nat.Gas Main/ Coming soon $25,923 $50,000 Natural Gas SourceGas Inspection CoA Elect Coming soon $14,810 $20,000 Utilities Elect Engineer Exponential Eng. Infrastructure San San Sewer Coming soon TBD Agreement San Sewer Engineer 68 West(Sub to Aspen San) Observation Pending Geotech RFP Coming soon TBD Pending Geotechnical Engineer TBD Testing/Inspection Storm install RFP Coming soon TBD Pending Storm Sewer Engineer TBD Oversight Irrigation Install RFP Coming soon TBD Pending Irrigation Oversight TBD Oversight Permeable Paver RFP Coming soon TBD Pending Civil Engineer/Pavers TBD Oversight Totals $1,397,075 151,702,684 , RECOMMENDED ACTION: 3) Staff recommends approval of contract with Rider Levett Bucknall as Owner's Agent for 1 Project/Program Management services during the 2012 Burlingame Phase IIA access / infrastructure(M) 2012 construction project in the amount of$212,960. 4) Staff recommends approval of contract with OZ Architecture for Architect Construction Administration services during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$207,211. , CITY MANAGER COMMENTS: C? QO G , G% & 01)/W 4 c1$ ( te‹,- -e 42.0 0 2:.0_ , ATTACHMENTS: "Exhibit A": Rider Levett Bucknall Contract- Amendment#4 to existing contract "Exhibit B": OZ Architecture—Amendment#8 to existing contract Page 3 of 3 RESOLUTION #3,,,Z> (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR 2012 BURLINGAME PHASE IIA CONSTRUCTION OVERSIGHT BETWEEN THE CITY OF ASPEN AND RIDER LEVETT BUCKNALL 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 the 2012 Burlingame Phase IIA Construction Oversight, between the City of Aspen and Rider Levett Bucknall, 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 the 2012 Burlingame Phase IIA Construction Oversight, between the City of Aspen and Rider Levett Bucknall, 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 9th day of April 2012. Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held, April 9, 2012. Kathryn S. Koch, City Clerk y�x.. k.tb 1.4 A April 02, 2012 Amendment No. 4 To the AIA Document B801 CMa -1992 Agreement between Owner and Construction Manager for the Burlingame Ranch Phase II Project dated January 25, 2010 The Agreement between Owner and Construction Manager for the Project is amended effective April 01, 2012, as follows: 1. The Construction Manager shall continue to provide Services as described the Agreement, AIA Document A801 and AIA Document A295, for the Construction Administration and Pre- construction Services from April 01, 2012 until December 31, 2012. Efforts during this period will include the following tasks: 1. Oversee Construction: Manage the weekly project team meetings. Assist Aspen in achieving its objectives by actively overseeing the construction process, monitoring progress and quality, working collaboratively with the construction team, and preparing timely, comprehensive reports to keep Aspen officials informed about the progress and any major issues. 2. Manage Design and Construction Team Contract: Assist Aspen with management of the design & construction contract to assure on-schedule and on-budget completion of the scope of work outlined in the contract. 3. Manage Costs: Advise the city's project team by providing guidance related to cost impact of construction decisions. Analyze and comment on the general contractor's proposed GMP and any change order requests. Prepare budget to cost reports based on current status. Identify potential design and construction changes to reduce costs. 4. Manage Schedule: Actively monitor, review and comment to Aspen on construction team's schedule and any outstanding issues that may impact schedule, while maintaining construction team's contractual responsibility to meet the schedule; process and make recommendations on payment requests and any proposed time extension requests. 5. Review Change Orders: Review and verify conformance of proposed change orders to contract document requirements and owner direction; prepare cost estimates to confirm reasonableness of construction team's pricing. 6. Review Pay Applications: Review and verify conformance of pay applications against in-the-field progress of the job. 7. Review Construction Plan: Assist city staff with review of general contractor's plan to build the Project... 8. Facilitate Stakeholder Review and Input on the Construction Plan: Assist Aspen in providing an overview of the construction plan and seeking input from city representatives, the Burlingame Ranch HOA, building inspectors, and other interested stakeholders. Assure this input is considered by the construction team. 9. General Project Administration: Other tasks as directed by Owner. Amendment 4/April 2,2012 1 2012 Preconstruction Services for Preparation of the Phase Ila Vertical Construction: 10. Identification of the 2013 and beyond package scope 11. Long range budgeting for 2013 and beyond 12. Defining Phase Ila vertical GMP parameters with Haselden 13. Reviewing the Phase Ila vertical GMP and recommending to the CoA as appropriate 14. Phase Ila vertical A195 GMP addendum contract review and finalization (in conjunction with CoA legal counsel) 15. Providing oversight for the Phase Ila vertical building permit process 16. Providing oversight for the Phase Ila vertical 100% drawing issuance 17. Assisting CoA in adjusting the expense and revenue projections related to any potential project modifications due to unit category amendments and revision 18. Assisting CoA in working on Grants such as CORE, or Build America 19. Closing out design loose ends 20. Exterior siding review and analysis, and interface with manufacturers 21. Co-ordinating the City Electric design by Exponential and integrating this into the project (interfacing with the electrical designer, and Haselden construction or a third party medium voltage electrical contractor) 22. Aspen San District interface for the Sanitary Sewer work 23. Recommendations and Council preparation for approvals and the way forward 24. Platting revisions due to the proposed buildings 25. Assisting with drafting, reviewing, compiling the HOA agreement structure 26. Interfacing with gas, electric, water 27. Budget, cashflow and monthly reports CONTINUED OVER... Amendment 4/April 2,2012 2 2. Section 13.2.1 of the Agreement is hereby amended to increase the Basic Compensation paid to the Construction Manager by $145,770, from $590,920 to, for this 2012 Construction Administration and revised Pre-construction phase, as follows: Original Contract, approved 2/8/10 $301,400 Amendment No. 1, approved 9/27/10 $119,750 Amendment No. 2, approved 5/27/11 $ 24,000 Amendment No. 3, approved 6/27/11 $145,770 Previous Contract Value $590,920 Amendment No. 4 (this amendment) $212,960 Proposed New Contract Value $803,880 3. RLB will be submitting for acceptance a resume of the staff member to carry out the site based construction management. All other terms and conditions outlined in the Agreement shall remain unchanged. OWNER Construction Manager City of Aspen Rider Levett Bucknall pp Rob TayCor, Associate Principal Michael C. Ireland, Mayor Peter Knowles, Executive Vice President Amendment 4/April 2,2012 3 R LB Rider Levett Bucknall 1621 Eighteenth Street Suite 255 Denver,Colorado 80202 T: +1 720 904 1480 F:+1 720 904 1481 April 2, 2012 Mr Chris Everson email: chris.everson @ci.aspen.co.us Affordable Housing Project Manager City of Aspen 130 South Galena St Aspen, CO 81611 BURLINGAME RANCH PHASE II RLB AMENDMENT 4-2012 ACCESS INFRASTRUCTURE CONSTRUCTION ADMINISTRATION Dear Chris, Since Rider Levett Bucknall commenced work on Burlingame Ranch Phase II, we have appreciated the opportunity to be involved with the planning and design efforts for Burlingame Ranch Phase II. We are confident that the IPD team's efforts, well informed by the extensive public outreach program, have contributed to a design that achieves a balance between many competing interests and will deliver a fantastic community. We are excited that Aspen City Council gave the green light to the Access-Infrastructure construction in 2012 and we look forward to this milestone. As, you are aware, our Amendment 3 was modified to be hourly rate for the first part of 2012 and at the end of March, this account will be exhausted. This proposal is to carry out Project Management and Construction Administration services from 01 April 2012 to the end of December 2012 at the contract close-out of the Access Infrastructure package. Please refer to Exhibit A for excerpts from our original proposal and the A295 Contract we are currently working under. RLB confirms that we understand the scope of work per Exhibit A and that we will continue working as an extension of the City of Aspen to enable the successful and timely completion of the Phase Ila Access Infrastructure Package. Given the current project phasing, RLB will also assist the City in meeting objectives to secure the approval of the Phase Ila vertical construction around November 2012. As such, we see that in parallel with construction admin we will carry out pre-construction services including: • Identification of the 2013 and beyond package scope • Long range budgeting for 2013 and beyond • Defining Phase Ila vertical GMP parameters with Haselden • Reviewing the Phase Ila vertical GMP and recommending to the CoA as appropriate • Phase Ila vertical A195 GMP addendum contract review and finalization On conjunction with CoA legal counsel) • Providing oversight for the Phase Ila vertical building permit process • Providing oversight for the Phase Ila vertical 100% drawing issuance Page 1 of 4 March 30, 2012 R LB Rider Levett BucKnall Chris Everson. Affordable Housing Project Manager BURLINGAME RANCH PHASE II RLB AMENDMENT 4-2012 ACCESS INFRASTRUCTURE CONSTRUCTION ADMINISTRATION • Assisting CoA in adjusting the expense and revenue projections related to any potential project modifications due to unit category amendments and revision • Assisting CoA in working on Grants such as CORE, or Build America • Closing out design loose ends • Exterior siding review and analysis, and interface with manufacturers • Co-ordinating the City Electric design by Exponential and integrating this into the project (interfacing with the electrical designer, and Haselden construction or a third party medium voltage electrical contractor) • Aspen San District interface for the Sanitary Sewer work • Recommendations and Council preparation for approvals and the way forward • Platting revisions due to the proposed buildings • Assisting with drafting, reviewing, compiling the HOA agreement structure • Interfacing with gas, electric, water • Budget, cashflow and monthly reports PERSONELL We propose Rob Taylor will continue with the preparation for the 2012 construction work and also in the 2013 pre-construction work. We wish to supplement the site based activities with another resource and we will submit a resume for your review and acceptance shortly with the anticipation that this individual may join the project team in mid to late May 2012. FEE Given the scope of work described above and in Exhibit A, we propose a fee of$212,960 including an estimate of reimbursable expenses (which will be invoiced at cost). We understand that this will be a modification to our prior Contract and that given the cost magnitude, approval is required from the City Council. During April 2012, we will continue to work in good faith, in anticipation that this modification will be accepted. Please let me know if you have any questions or concerns. Sincerely, Rob Talor Associate, BE, PSP Rider Levett Bucknall Ltd Accepted: Title: Date: • Page 2 of 4 March 30, 2012 RLB Ricer Levett Buc�CneLL Chris Everson, Affordable Housing Project Manager BURLINGAME RANCH PHASE II RLB AMENDMENT 4—2012 ACCESS INFRASTRUCTURE CONSTRUCTION ADMINISTRATION Exhibit A Excerpt from RLB original proposal to CoA(dated 13 November 2009) Activities— Construction Phase: 1) Oversee Construction: Manage the weekly project team meetings. Assist Aspen in achieving its objectives by actively overseeing the construction process, monitoring progress and quality, working collaboratively with the construction team, and preparing timely, comprehensive reports to keep Aspen officials informed about the progress and any major issues. 2) Manage Design and Construction Team Contract: Assist Aspen with management of the design & construction contract to assure on-schedule and on-budget completion of the scope of work outlined in the contract. 3) Manage Costs: Advise the city's project team by providing guidance related to cost impact of construction decisions. Analyze and comment on the general contractor's proposed GMP and any change order requests. Prepare budget to cost reports based on current status. Identify potential design and construction changes to reduce costs. 4) Manage Schedule: Actively monitor, review and comment to Aspen on construction team's schedule and any outstanding issues that may impact schedule, while maintaining construction team's contractual responsibility to meet the schedule; process and make recommendations on payment requests and any proposed time extension requests. 5) Review Change Orders: Review and verify conformance of proposed change orders to contract document requirements and owner direction; prepare cost estimates to confirm reasonableness of construction team's pricing. 6) Review Pay Applications: Review and verify conformance of pay applications against in-the-field progress of the job. 7) Review Construction Plan: Assist city staff with review of general contractor's plan to build the Project... 8) Facilitate Stakeholder Review and Input on the Construction Plan: Assist Aspen in providing an overview of the construction plan and seeking input from city representatives, the Burlingame Ranch HOA, building inspectors, and other interested stakeholders. Assure this input is considered by the construction team. Page 3 of 4 March 30, 2012 RLB Rider Levett BucKnaLL Chris Everson. Affordable Housing Project Manager BURLINGAME RANCH PHASE II RLB AMENDMENT 4—2012 ACCESS INFRASTRUCTURE CONSTRUCTION ADMINISTRATION Excerpt from AIA A295 2008 — General Conditions of the Contract for Integrated Project Delivery § 2.3 CONSTRUCTION MANAGER § 2.3.1 The Construction Manager is the person or entity identified as such in the Agreement and is referred to throughout the Contract Documents as if singular in number.The term"Construction Manager"means the Construction Manager or the Construction Manager's authorized representative. § 2.3.2 The Construction Manager will not be responsible or liable for the acts or omissions of the Architect, Contractor,or any Subcontractor,or any of their agents or employees,or any other person performing any of the Work. § 2.3.3 The Construction Manager shall: § 2.3.3.1 Review all changes proposed by the Contractor,Architect or Owner and make recommendations regarding schedule and cost implications; § 2.3.3.2 Establish and maintain a complete on-site library of all Contract Documents,approved shop drawings,and approved material samples; § 2.3.3.3 Schedule and conduct job meetings to be attended by the Contractor and representatives of the Owner and Architect to discuss such matters as procedures,progress,problems and scheduling. Construction Manager shall prepare and distribute minutes of such meetings. § 2.3.4 The Construction Manager shall make a review of the Work at such intervals necessary to discharge its duties to the Owner. § 2.3.5 The Construction Manager shall meet with the Contractor to prepare and update the Master Project Schedule using information from the Contractor's Construction Schedule. Page 4 of 4 0 1.0 110 0 o W co Om LO 0 Ui O CI NI' N .-1 C1 N m o O m rl H Oui N in. ri to .-4 Lft Co 00 N M V} V? Vi IA I 4.6 TO D Co (0 N 00 V m N K1 0 N a m d 0 N 0 m 1-1 m ''1 0 ■ CO N 0 CO 0 00 o m co c' 0 ,-, m O m `. N M VI, u co N ,.i 0 N O co 41 0 m N O r1 . O .m-1 rl 0 N Z <n 0 0 00 61 01 01 0 LO 00 0 N Q "-'1 01 N O ,1 ,-1 0 00 r i/? .6 N N in O Z 0 rn as m 0 0 5 04 n m N 04 r1 O C v m r; O W N ss E a v in -0 cc in °o = 0 pQ 00 Q1 Ql 61 0 m N 0 N N 0 E 2 m 1 N Q 0 Q i/1 aaa lia u i- 0 L o m o N n N U W V1 1 i) N 0 C 0 c0 C0 00 61 0 m N p O r1 O Q OD m ■..j Q C ■i N L C N , m N 1 m 0 o 0 CO N L O cu O 00 OA N N `^ N lD a a N 2 t/} Q N C E C l0 c L 0 "C 000 C J 0. 0 aU @ � 0 u @ @ •-• c a ., (7 i u 0 CO O Z f6 a Ql n 0y c C J [6 i C fO .. J L U C p .0 U co a U c C, c o c n� ‘5' C . u 0 OG ,i • o a a o s v Q o - a a CO et E 00 Q N 0 0 C . U C @ 0.0 @ d N N 4) O @ c, O. OD N (Co T CD C O • v CO ° 00 C cc c 1 G co U O H C N U � E :re (1) .E" a) ''.-7c 0) :=j - .c CU = < _t ,,-, r, .., -0 u E ar Y m C m � O C U O U N <-1 . 0 13 on C -0 C Q L v o 0 N fO N m L • C o Q — Cu 13 @ C > c > a+ O c O 0 N C C n rsl u o > v a 'o a'Q 0 CO w ^ a .« IV 00 i C te C Q LL N U @ N .CU .- 0, C C d N OU DN O Q d E O H m +4 - •N N C C > >O C O @ ,n v N O 01 d: X •0, U O J d W 0. @ 0 CC V Q m a v u cc o. In .e c =o C7 a x. r .'—h 15 ARCHITECTURE MEMORANDUM 1/4 I URBAN DESIGN ® INTERIOR DESIGN TO: Scott Miller DATE: April 2, 2012 FROM: Will Hentschel PROJECT: Burlingame Ranch Phase II SUBJECT: Burlingame Phase II Access PROJECT#: 809003 Infrastructure Construction Administration Amendment VII to OZ Architecture AIA Document B195-2008 cc: Chris Everson, Barry Crook, Rob FILE#: Taylor Amendment VIII Proposed Amendment to AIA Document 8195-2008 Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase II Project Dated January 25,2010. Description The OZ Lead Design team will perform Construction Administration Services outlined in AIA Document B195-2008 Agreement between Owner and Architect for Integrated Project Delivery for the Burlingame Ranch Phase II Project Dated January 25,2010 for the 2012 construction of the Phase IIA Access Infrastructure including earthwork,utilities,roadway and retaining facilities as set out in the February 1, 2012 Construction Documents. Additional Description- See attached- • OZ Architecture Proposal- Additional Service for Burlingame Phase HA Access&Infrastructure Construction Administration Services,including WJE and Monroe and Newell • Alpine Engineering LLC Proposal-Additional Service for Burlingame Phase IIA Access&Infrastructure Construction Administration Services • Mt Daly Enterprises LLC Proposal-Burlingame II,Access&Infrastructure Construction Administration Fees Deliverables See Attached Schedule See Attached Construction Schedule-Exhibit 1,April 1, 2012 thru November 28,2012 **Any deviation schedule extension or modification will be discussed with the design team and may be subject to additional fees at hourly billing rates. Access Infrastructure Construction Administration OZ Architecture $62,000 Alpine Engineering $89,000 Mt Daly $20,350 Monroe and Newell $2,500 Weis Janney $2,500 Total $176,350 r ARCHITECTURE MEMORANDUM URBAN DESIGN ha® INTERIOR DESIGN Administration and Coordination(OZ Architecture) $3.3,226 7.5%of the Fee Reimbursable Expenses(All) $17,635 Proposed Contract Amendment $189,c76+$17,615(reimbursable) Total Amendment VIII $207,211 Owner/Architect City of Aspen OZ Architecture Ail/Min> Scott Miller Eduardo Illanes BOULDER PHONE:303 449.8900 gainr 1805 29TH STREET,SUITE 2054 FAX:303.449.3886 'ENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER,COLORADO 80301 WWW.OZARCH.COM L r7 ARCHITECTURE URBAN DESIGN MEMORANDUM 0 INTERIOR DESIGN TO: Scott Miller DATE: April 2,2012 FROM: Eduardo Illanes PROJECT: Burlingame Ranch Phase II SUBJECT: Burlingame Ranch Phase II A Access PROJECT#: 809003.00 InfraStructure Construction Administration CC: Chris Everson, RobTaylor FILE#: OZ Architecture-Construction Administration Phase 1. Attend Pre-Construction meeting and participate in regular weekly construction progress meetings. OZ representation at meetings will be in person every 3 weeks, with the remainder of the meetings occurring via conference call. 2. Provide Construction Administration. a. Review, log and approve submittals, shop drawings, Request for Information etc. b. Review Construction Materials Testing reports. c. Review and approve applications for payment. d. Coordinate with Construction Manager or Project Manager on all Request for Change Proposals, Change Orders, etc. including maintaining a log of all such documents. e. Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 3. Provide Field Services for entire construction period a. Architect's Construction Administrator to conduct a site visit a minimum of Ten (10) Site visits, including observation of road layout, structural concrete placement, underground piping installation, masonry installation, etc. b. Provide site visit report to Project Manager. 4. Conduct Substantial Completion Observation, coordinate with Construction Manager/Project Manager to create punch list, substantiate that items noted are completed, issue Substantial Completion Certificate Fee(28 weeks) $62,000 Monroe and Newell (Structural Engineer)-Construction Administration Phase 1. Attend Pre-Construction meeting and participate in as needed, not to exceed 4 construction progress meetings. M&N representation at meetings will be in person when structural retaining walls are poured, not to exceed 2 on site visits. The remainder of the meetings occurring via conference call. 2. Provide Construction Administration. a. Review approve structural submittals, structural shop drawings & structure Related Request for Information etc. BOULDER PHONE:303 449.8900 1805 29TH STREET,SUITE 2054 FAX:303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER,COLORADO 80301 WWW.OZARCH.COM r IARCHITECTURE MEMORANDUM URBAN DESIGN INTERIOR DESIGN b. Review Construction Materials Testing reports. c. Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 3. Provide Field Services for installation period of structural walls a. Provide site visit report to Project Manager. 4. Conduct Substantial Completion Observation, coordinate with Construction Manager/Project Manager contribute to a punch list, substantiate that items noted are completed, issue Substantial Completion Certificate Fee $2,500 Weiss Janney(Waterproof Consultant)-Construction Administration Phase 1. Participate in regular weekly construction progress meetings as needed not to exceed 3 meetings. WJE representation at meetings will be in person at the waterproof installation of the structural retaining walls 2. Provide Construction Administration. a. Through OZ Architecture, Provide direction for questions and concerns from the contractor and Construction/Project Manager in resolution of problems. 3. Provide Field Services for installation period of the waterproofing at the structural walls a. Provide site visit report to Project Manager through OZ Architecture. Fee $2,500 BOULDER PHONE:303 449.8900 1805 29TH STREET,SUITE 2054 FAX:303.449.3886 DENVER BOULDER COLORADO SPRINGS LAS VEGAS LAKE TAHOE BOULDER,COLORADO 80301 VINM1V.02ARCH.COM AEI Alpine Engineering, Inc. ADDITIONAL SERVICES TO OZ ARCHITECTURE'S BURLINGAME CONTRACT April 2, 2012 SCOPE OF ADDITIONAL SERVICES for BURLINGAME RANCH PHASE 2A—ACCESS AND INFRASTRUCTURE CONSTRUCTION ADMINISTRATION SERVICES Attached Fee Proposal based on the following: • Construction schedule for Burlingame Ranch Phase 2A access infrastructure prepared by Haselden Construction. • Assumes a single construction season of approximately 28-weeks. • See Exhibit A for project exclusions and clarifications. • Refer to Exhibit B for construction observation and meeting schedule. 1. Construction Observation and Meetings: A. Construction Observation: Includes site visit to observe construction activities for select AEI designed site/civil items, preparation of field observation reports and coordination with construction team and Owner's representatives. Fee assumes 30 trips: $29,000.00 B. Weekly Construction Meetings: Attend weekly construction meetings in person or by conference call. Includes review of weekly minutes and meeting preparation. Fee assumes 28 meetings @ 50% in person: $16,240.00 C. Additional Meetings: Attend additional site meetings for construction kick-off, pre- construction and punchlist walk through. Fee assumes 4 additional meetings: $ 4,640.00 Subtotal Construction Observation and Meetings: $49,880.00 April 2012 Burlingame Ranch Phase 2A—CA Services 1 2. Project Support and Construction Administration: A. Construction Staking Support: Prepare drawing files for access and infrastructure construction staking by Haselden's surveyor. Includes compilation and transmittal of utility alignment and profile data, storm sewer plan and profile data, finish grade surface DTM files, rim elevations for all utility vaults, fire hydrant flange elevations, road profiles, curb profiles and roadway curve widening data. Fee: $ 8,400.00 B. Construction Administration Services: Overall construction administration to be provided by Oz. AEI to provide support to Oz in reviewing shop drawings and submittals for select items listed within our scope, responding to RFI's and contractor questions, preparing field design revisions and issuing field orders. Also includes review of change orders required for select items within AEI's scope. Fee: $30,720.00 Subtotal Project Support and Construction Administration: $39,120.00 TOTAL: $89,000.00 Consultant: ALPINE ENGINEERING, INC. Client: OZ ARCHITECTURE By: By: Name: Gary Brooks Name: Title: Project Manager Title: Date: Date: April 2012 Burlingame Ranch Phase 2A—CA Services 2 EXHIBIT A THIS PROPOSAL EXCLUDES THE FOLLOWING ITEMS: 1. Materials Testing 2. As-built drawings 3. Certification INCLUSIONS: This proposal includes coordination with the following entities as part of the overall review of the project during construction: • COA Third Party Inspector • Project Geotechnical Engineer • McLaughlin Water Engineers (water, city electric, and reuse) • 68 West (sanitary sewer mains) • Holy Cross Energy (primary electric) • Source Gas (gas line) • Comcast and Century Link (communications conduit) April 2012 Burlingame Ranch Phase 2A—CA Services 3 - , 'i TJ IP- t re --a ' r n 4% lg. F- = I- , It W 2. 2< 01- r -.., UJ , .. ., U.1 S CO irc op. 2 ‘40M 0 , , i_ rt- z F. on `.: f, o _ _ < v Z...,/,.. i < , et iz. It 0 re < w al > - 0- z - m 0 Z 1 It 0 , 9,„ W 9..., P CI 0 (I) }- ,6 .c., i La :■•• Z :3 < pi,r7:1 CC rtfi Z w Ti w p_ , `1 E Z X W 0 1 tr, :■••■ ta ..... W cn te < en rj ;5 < H ti. g < z < _itte, (9 0- ...i - w lel) rx 00 re0400 - 5_ - 2 1- r Luc EC Z i_ CC. 0 w , I- 0 Z W 0 Z W DM EWOZ < isl < w O < Of_ W 0 00 , rt ° E1E2 ot.11, ' -J z 7.1 re. 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IS . • I 4._ e n - 1 -, ov er e n 7., ■ , ,A, 1#1 L A l$1 1 8 C A F E A R C H I T F ( 1 t t r�q„ 100 North Third Street sa'*Ut TMpy}iLHALL tnt P= 3 Suite 102 rat "g MT DALY ENTERPRISES LLC ' Carbondale Colorado 81623 �j a ` 'T Tel 970 963 9896 1 , t a ,1414,4 Fax 970 963 5775 rs.1S;a 0`�° mtdalyllc@gmoll.corn :' March 16, 2012 Will Hentschel OZ Architecture 1805 291h Street,Suite 2054 Boulder, Colorado 80301 Also sent via e-mail: whentschel @ozarch.com Re: Burlingame Phase II, Access & Infrastructure Construction Administration Fees Will, I am writing to notify you of Mt Daly Enterprises anticipated fees for Construction Administration throughout Phase II of Burlingame's Access & Infrastructure process. Below is a breakdown of these anticipated fees, as well as the Irrigation Designer fees and an add alternate if the City of Aspen should choose to move forward with the installation of the Boulder Entry Sign. Please note that these fees do not include or cover the warranty period. Should we provide Construction Administration services related to a one year warranty? If the City of Aspen should choose a two year warranty, do we need to provide an add alternate fee for this? 1. Basic Construction Administration During construction, Landscape Architect will promptly review and respond to written requests for information and material, product and equipment submittals from the landscape contractor. Landscape Architect will not approve the substitution of specified materials, products or equipment without prior approval of Owner. During site visits, Landscape Architect will identify any readily-observable deficiencies in the Landscape Work, and otherwise determine if the Landscape Work is being performed in a manner consistent with the Landscape Design. Landscape Architect will notify Owner and landscape contractor of any known deviations from the Landscape Design, as well as any deviations from the approved schedule for completion of the Landscape Work. Construction Administration Deliverables: a. Coordination and review of applicable submittals per the specifications b. 8 site visits to review topsoil amendments, site discoveries, topsoil spreading, and installation of seed and erosion control c. Meeting notes from site visits as necessary d. Photographs of the site for documentation of work taking place and completed e. Coordination with the Burlingame Team including Irrigation Designer, Contractors and Owner f. Bi-weekly IPD conference calls and/or IPD site meetings Assumptions/Exclusions: a. Assumes all landscape items for Phase II Access & Infrastructure will be completed by the end of the 2012 construction season. Any operations carried over to the 2013 season will be additional Construction Administration to be determined. b. 8 site visits are included and are to be coordinated between the Landscape Architect and Contractor/Owner based on construction and meeting schedules to review landscape work in the field. c. Any Add Alternate items which the City of Aspen has yet to make decisions on are not included. Construction Administration Fee Estimate: 89 hours at $110.00 per hour= $9,790.00 Reimbursables: $460.00 2. Add Alternate for Boulder Entry Sign Should the City of Aspen decide to install the Boulder Entry Sign during Phase II Access and Infrastructure, our additional deliverables and fees would be as follows: Add Alternate for Boulder Entry Sian Deliverables: a. Boulder selection on site and mark location in the field b. Boulder engraving and template review and coordination c. Site visit to review boulder installation d. Photographs and documentation of boulder installation e. Coordination with Burlingame IPD Team Assumptions/Exclusions: a. Assumes all Boulder Entry Sign work will be completed by the end of the 2012 construction season. Any operations carried over to the 2013 season will be additional Construction Administration to be determined. b. Weekly construction meetings specific to the Boulder Entry Sign are not included. Add Alternate Boulder Entry Sign Fee Estimate: 8 hours at$110.00 per hour= $880.00 Reimbursables: $50.00 3. Irrigation Designer Fees The irrigation designer fees for Phase II Access and Infrastructure are as follows: Irrigation Designer Deliverables: a. Coordination and review of applicable submittals per the specifications i. Contractor Qualifications H. Product Data Submittals iii. Coordinate with Contractor for approved equals iv. Review of O&M Manual & As-Built documentation b. 3 Site visits to observe a portion of the described items: i. Pre Construction Meeting/ Construction Observation/ Leak Testing, Expose connection to existing Harmony Park Pump H. Punch List (semi-final)/ Walk through Hi. Operational Test/Demonstration/ Final punch list/ acceptance c. Meeting notes from site visits as necessary d. Coordination with the Burlingame Team including Landscape Architect, Contractors and Owner e. Bi-weekly IPD conference calls and/or IPD site meetings via webex. Assumes attendance is limited to 6 of the phone/webex meetings. Assumptions/Exclusions: a. Assumes all irrigation items for Phase II Access & Infrastructure will be completed by the end of the 2012 construction season. Any operations carried over to the 2013 season will be additional Construction Administration scope to be determined. b. 3 site visits are included and are to be coordinated between the Landscape Architect, Irrigation Designer and Contractor/Owner based on construction and meeting schedules to review irrigation work in the field. Assumes 4 Hours of Onsite each trip and Travel from Casper office. c. Any Add Alternate items which the City of Aspen has yet to make decisions on are not included. d. Excludes new park 2 pump station coordination/design. Irrigation Designer Fee Estimate: 88 hours at $110.00 per hour= $9,680.00 Reimbursables: $1,775.00 Sincerely, Susan Chism I I I ; 111 us il t 2 w ' �, E Y 5 W > 1 i IS 4` 0 07 Wa M Q t N R , -j'____K-. C E. _ol H1 ' £ U aal O t , ,mod , �, j }LJLiJJ 2? m O C!; F 9 1 m iItjJj[jj.I 1 rep 0 IL ii _ _ Su- 02 LL - 1 4 5 Ix rP tx4Y�' °►. � — r. Z a F Q= w I it 1- x a 0 8 tn't - £ r N 0 ' r n a e ' M T'' m.` a1 miy ue m vi N O U El: ill Z _W LL a3 W Z O Z i K E24 3 W Q Q ' C W C7 w @ CO r.3 (}/p} @ N LL CL c4 y> N N 6 N N N N Q tY N N O O e- rN a1 O O a- O m•• �„ N N N N •L N 72 r N ! r ^ M P enIp r 07 C 07 0> �Ir to L3 PP 0, a ¢ {O{ 5ady QG °. 0. Qa Q a I a w !Q O. n<+~ ic O! M 'Al M O q Q e. C g 4f3 M g p H i .-- O - O ® r ,0 'C S 0..� N 4 M�� N �� vi s r N M�r i�� M N �1 O r r C A I w W W I _Wp H F{ 1 Z IT a w Iw 1'H 1 ¢ tl c° w 0) w ni 2 m zl x .auS 4 y . N p LL / LL a o .4 5 o ¢ 5 o c $ z akx� l § a g C v Z a .01 2 N � flU `b z p ru ;: i : i itt ll >h iy� _.' 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O Oj � � 4d c N d C 4 Q < 6 ? 4 a a U . �3 a ? ;0 2z; z z ,° z: a ii i x I< €€€€� a;�,a a1� a .ala UflW N wa� da aaaaa,?! a aaa ww w W,S y i { to g r.0p4 G O O 0, 0 r, Oi�ioo.R.W 00. 9 m m a In Ill m m m ton co i N twn y Ui y N N tWn a N O - S S a Q __._ 'c 9 VII a MEMORANDUM TO: Mayor and City Council FROM: Blair Weyer THRU: Parks; Transportation; Police DATE OF MEMO: February 22, 2012 MEETING DATE: RE: Bicycle and Pedestrian Safety REQUEST OF COUNCIL: To amend the City of Aspen's current municipal bicycle code (Section 15.04.230) to: • Allow children under the age of eight to ride their bicycles on sidewalks (not pedestrian malls), if an adult accompanies them on foot. • Allow for the Court to set a graduated fine schedule for infractions. Staff recommendation is to reduce the current fine from $100 to: o $5 - 1st Offense O $25 - 2nd Offense o $100 - 3rd Offense • Permit the creation of a "fill-in-the-blank" style ticket. BACKGROUND: The Parks, Transportation, and Police Departments partnered during 2011 to examine interactions between pedestrians and bicyclists along sidewalks and pedestrian malls within the City of Aspen. Departments convened to discuss this issue due to anecdotal reports received from members of the community and in an effort to ensure consistent enforcement of bicycle laws in Aspen. Initial discussions revealed that little documentation existed regarding the potential safety risk that bicyclists create on sidewalks and pedestrian malls. There was also little knowledge regarding the beliefs and expectations the community had regarding current bicycle laws and how they are enforced. Staff agreed that gathering additional information was the first step toward improving safety along sidewalks and pedestrian malls in Aspen. From mid September to mid October Police and Parks and Transportation Department members collected surveys in-person and online. Surveys were manually distributed at five separate locations around Aspen in order to reach a diverse range of individuals from visitors to those who live and/or work in Aspen. These locations included the Saturday farmer's market, Galena Street, Hopkins bike/ped path, Rio Grande Park, and outside of City Hall. The survey was also available online, at City Hall, and at the ACRA information booth. Information regarding the survey was published in city utility mailings as well as newspaper advertisements in the Aspen Times. The coordinating departments collected a total of 593 surveys during the month-long outreach effort (see Attachment A). DISCUSSION: Lessons learned from the survey responses: 1. Community members appreciate and support current laws, which prohibit individuals from riding on sidewalks. Over half of community members surveyed, 57%, want to see these laws remain. Additionally, over 60% want moderate to strict enforcement of these laws. 2. Community members feel that bicyclists are not aware of current laws. This concern was expressed repeatedly in an open-ended question at the end of the survey. Many individuals shared stories of near misses by bicyclists on walkways. There was a general sentiment that bicyclists in Aspen "rule the road" instead of having to follow the rules of the road. 3. The survey also brought to light an unexpected concern from parents with small children. Many respondents fear bicycling with their children on city streets due to high traffic volume, inattentive drivers, and other factors. Responses to lessons learned Staff have brainstormed a variety of ways to remedy these issues and have determined that the following steps will benefit our community: 1. Creation of a more expedited enforcement process. This process would include: a. Decreasing initial fine amounts, so officers are more likely to enforce. b. Amending the municipal code to allow for a graduated fine structure to assess a minor fine for first time offenders, gradually increasing for repeat offenders. c. Creating a "fill-in-the-blank" style ticket that would cut down on the length of time it takes to cite an individual. 2. Incorporation of incentives to those seen walking their bicycles on sidewalks and foot malls, such as bike lights, or a bell. 3. Increase education. Survey results showed that community members feel that more education is needed for bicyclists in town. A more proactive strategy would be to organize a "Rules of the Road" educational outreach effort, which is being planned for the spring of 2012. This campaign would be incorporated into existing events such as National Bike to Work Day, the annual Aspen Police bike auction, and even the USA Pro Cycling Challenge. Additional outreach via media outlets would also be a focus of this campaign. 4. Amend the current bicycle code to allow children under the age of eight to ride their bicycles on sidewalks (not pedestrian malls) if they are accompanied by an adult. FINANCIAL/BUDGET IMPACTS: There are no significant budget implications projected resulting from implementing these recommendations. On the contrary, there is potential to generate a very slight amount of revenue given the decreased fine structure and streamlined ticketing process. Educational materials, advertising and tickets will be funded from existing budget authority. ENVIRONMENTAL IMPACTS: The environmental impacts of these recommendations are negligible. Officers with the parks and police department may spend more time educating bicyclists and pedestrians along sidewalks and pedestrian malls, therefor may spend less time driving their vehicles around the 2 city. These recommendations, in coordination with outreach efforts, are meant to make the community feel safer using sidewalks and pedestrian malls. If this goal is achieved community members may rely less on automobiles and more on human powered modes of transportation. RECOMMENDED ACTION: Amend municipal bicycle code to allow children under the age of eight to ride their bicycles on sidewalks (not pedestrian malls), if an adult accompanies them. Amend municipal code to allow law enforcement to adopt a fine structure that would decrease of the initial fine amount for bicycle infractions on sidewalks and pedestrian malls. Approve the creation of a "fill-in-the- blank" style ticket for bicycle infractions on sidewalks and pedestrian malls. ALTERNATIVES: Members of the City of Aspen Parks, Transportation, and Police Departments are open to discussing other options that will help meet needs of the community. As expressed in the community survey completed last fall, these needs are safer places for young children to ride their bicycles around town, and increased enforcement of existing sidewalk and pedestrian mall laws. PROPOSED MOTION: "I move to approve amendments to Ordinance # 5 CITY MANAGER COMMENTS: ATTACHMENTS: (A) Bike & Pedestrian Safety Survey Summary (B) Proposed amendments to current municipal code. 3 ORDINANCE NO. 9 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AMENDING SECTION 15.04.230 OF THE ASPEN MUNICIPAL CODE, CERTAIN VEHICLES PROHIBITED ON SIDEWALKS, MALLS AND STREETS. WHEREAS, Section 15.04.230 of the Aspen Municipal Code sets forth a prohibition of the use of motorized and non-motorized vehicles on the city sidewalks and malls; and WHEREAS, the Aspen Police and Parks Departments have conducted a citizens outreach effort to evaluate concerns regarding use of non-motorized vehicles (specifically bicycles) on the sidewalks and pedestrian mall; and WHEREAS, the Aspen Police and Parks Departments have determined that some modifications of the current prohibitions are warranted; and WHEREAS, the proposed changes to this ordinance will allow for increased flex- ibility in addressing pedestrian and bicycle safety on sidewalks; and, WHEREAS,the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. Text being removed looks-like-thi3. • Text being added is bold and underline. Text being added looks like this. • Text which is not highlighted is not affected; and WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,THAT: Section 1: The City Council hereby amends Section 15.04.230 to read as follows: Sec. 15.04.230. Certain vehicles prohibited on sidewalks, malls and streets. (a) It shall be unlawful for any person to operate any motorized vehicle or to ride a bicycle or unicycle upon sidewalks and malls, except as set forth in subparagraph (e), below. It shall also be unlawful for any person to operate or ride a skateboard on the side- walks and malls in the C-1 and CC Zoning Districts, except as set forth in subparagraph (e), below. (b) Except when used by a handicapped person or exempted by the Aspen Police Department, it shall be unlawful for any person to operate a recumbent or low rider tricycle on the streets, sidewalks and malls that are included in the enclosed area: the area bordered by Main Street (Highway 82) on the north, Aspen on the west, Durant on the south and Spring on the east (inclusive of Main Street, Aspen, Durant and Spring and the sidewalks that abut them.) In addition, it shall be unlawful for any person to operate a recumbent or low rider tricycle on the following streets and the sidewalks that abut them: Highway 82 (including all sections known as Main Street), Cemetery Lane and Mill Street from High- way 82 to the intersection of Red Mountain and Gibson, Spring and Hopkins are exempted for the purpose of access only. (c) For purposes of this Section, a recumbent or low rider tricycle shall be defined as follows: a tricycle on which the rider is seated less than twenty-four (24) inches above the ground in a reclined or sitting position with his or her legs in relation to the ground in a more horizontal than vertical position. (d) It shall be unlawful for any person to ride or operate horses or horse drawn car- riages upon the sidewalks or malls of the CC Zoning District, except that horses and car- riages may load and unload passengers and park on the mall at the corner of Galena and Copper Streets. (e) Children under the age of eight years old, while riding on a side- walk and while accompanied by an adult shall not be subject to the restric- tions set forth in subparagraph (a), above. An adult accompanying a child under the age of eight years old may not be riding a bicycle, unicycle or skateboard. Any adult accompanying a child under the age of eight years old shall be responsible for the child riding in a controlled manner. (f) The Court is authorized to adopt fine schedules for the violation of this Section 15.04.230. The Court may adopt separate fine schedules related to violations for the operation of motorized vehicles and non-motorized ve- hicles. Section 2: Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 3. Existing Litigation. This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 4. Effective Date. This ordinance shall be effective as of June 1, 2012. Section 5. Notice A public hearing on the ordinance was held on , in the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the day of 2012. Michael C. Ireland,Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted,passed and approved this_day of , 2012. Michael C. Ireland,Mayor ATTEST: APPROVED AS TO FORM: Kathryn Koch, City Clerk James R. True,City Attorney Attachment A: Bicycle & Pedestrian Safety Survey Your age group: 200 150— 100— 50— t 0 <18years 18-30 years 31-40 years 41-50yees 51-60 years 61+years Please define the category that best describes you: Permanent Aspen/Pitkin ° _ _ County resident Seasonal Aspen/Pitkin County residents Second homeowner in Aspen/Pitkin County Non-resident Aspen/Pitkin County worker Visitor 0 100 200 300 400 500 4 Do you utilize sidewalks and/or pedestrian malls in Aspen on a regular basis*?*At least once a month during the duration of your time in AspenlPitkin County. Yes No 0 200 400 600 Do you ride your bike in or around Aspen on a regular basis'?'At least once a month during the duration of your time in Aspen/Pitkin County. Yes- , No 0 100 200 300 400 5 To what extent do you feel that someone riding a bicycle on the sidewalk is a danger to pedestrians? CM ma No danger 29.1 6 =i Low danger NM Moderate danger MMl High danger FM 28.7% What level of enforcement do you feel is necessary to keep sidewalks safe for pedestrians? Relaxed enforcement 36.3 I I I I Moderate enforcement 41.3% I I Strict enforcement 224 7 0 50 100 150 200 250 6 To what extent do you feel that someone riding a bicycle on a pedestrian mall is a danger to pedestrians? I=No danger EMI NE Low danger MI Moderate danger tta High danger 10.3% 28.4% What level of enforcement do you feel is necessary to keep pedestrian malls safe for pedestrians? Relaxed enforcement— 34 5•; I 1 Moderate enforcement 38.0°: I I I Strict enforcement 27.5 0 50 100 150 200 250 7 What would you consider an ideal policy regarding individuals riding bicycles on pedestrian malls? 19.0% Individuals should not m=1 be allowed to ride bicycles 5.6% on pedestrian malls Individuals should be allowed to ride bicycles on pedestrian malls du... • Individuals should be 19.0% _allowed to ride bicycles on pedestrian malls du... Individuals should be allowed to ride bicycles pedestrian malls at Individuals should not be allowed to ride bicycles on pedestrian malls Individuals should be allowed to ride bicycles on pedestrian malls during designated seasons Individuals should be allowed to ride bicycles on pedestrian malls during designated times of the day Individuals should be allowed to ride bicycles on pedestrian malls at any time of the day 8 Bike & Pedestrian Safety in Aspen SurveyMonkey Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. Response Count 250 answered question 250 skipped question 343 I 9 1 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. 1 Comment ref#5: An option will be to designate certain sidewalks as "dual use". Oct 18, 2011 2:23 PM 2 Witnessed near accidents esp. w/children/toddlers or elderly. Oct 18, 2011 2:20 PM 3 Many times. I've gotten afraid of the bicycles. They do not let you know they are Oct 18, 2011 2:19 PM • coming up behind you to pass. No saying "left"or"right"even for people with grey hair. 4 People are not paying attention while on the mall & do not see bikers- it's Oct 18, 2011 2:18 PM dangerous & I am a serious cyclists. Finish paving the Rio Grande Trail!! 5 Cyclists can dismount when malls are packed. Oct 18, 2011 2:14 PM 6 I work in the info kiosk on Cooper and see way too many people bike riding Oct 18, 2011 2:11 PM through the malls. They ride right by the police who don't say anything. 7 See it every day; especially young boys cruising the mall. Oct 18, 2011 2:10 PM 8 No accidents witnessed. As long as bicycles keep slow speed, and respect peds Oct 18, 2011 2:09 PM (walking the bike only when very crowded) it is not an issue. 9 If the mall/sidewalk is not crowded &the biker is cautious, I think riding is ok. Oct 18, 2011 2:08 PM *Skateboarders are more frightening &should be illegal. 10 Several near accidents. Oct 17, 2011 3:15 PM 11 Just ped chasing bicyclists off the mall... Oct 17, 2011 3:15 PM 12 The 9 years I've been here I have never experienced any accidents. But there Oct 17, 2011 3:11 PM were many close calls. 13 Several times. I've almost hit them. Oct 17, 2011 3:06 PM 14 Yes- I've been in some close calls on the sidewalk. Oct 17, 2011 3:03 PM 15 I have seen near misses on Mill St. mall. Oct 17, 2011 3:01 PM 16 No skateboarding on sidewalk. Oct 17. 2011 2:57 PM 17 Skateboarders little out of control. Oct 17, 2011 2:56 PM 18 Not recently. Oct 17, 2011 2:53 PM 19 Close call. Also "Get out of my way" attitude of bicycles on the sidewalks. Oct 17, 2011 2:50 PM • 20 Skate board dangerous. Oct 17, 2011 2:49 PM 21 Almost both hit on sidewalk. Oct 17, 2011 2:41 PM 22 When my children were little it was safer for them to ride on the sidewalk than Oct 17, 2011 2:40 PM the street. 23 1. It all depends on the person on the bike. 2. I think skateboarders are a greater Oct 17, 2011 2:33 PM 10 3 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. hazard. 3. Most importantly, I think cyclists should be informed that they must obey traffic/motorist laws. 24 Yes, I have almost been hit twice while walking around aspen. One biker ran a Oct 17, 2011 2:32 PM red light and almost hit me, the second time was a close call as the biker seemed confused whether or not he should be on the road or sidewalk. 25 No. My suggestion would be younger kids can use the sidewalk, they are not Oct 17, 2011 2:27 PM developed enough to be aware of their surroundings to be kept safe. 26 No, but near misses. I'm a biker& it's really no big deal to stay on the road. Oct 17, 2011 2:24 PM 27 On the sidewalk, I was almost hit by a biker coming around a corner. I had to Oct 17, 2011 2:01 PM jump out of the way. The biker was going so fast, he didn't have time to react. 28 Ref. 7- It depends, early in the morning it's fine. Tin the day with kids, dogs etc., Oct 17, 2011 1:59 PM not good to ride on mall. 29 Yes no clue by cyclist. Oct 17, 2011 1:54 PM 30 Yes I was hit by a bike in the mall. Oct 17, 2011 1:52 PM 31 I was clipped in the arm by a mountain bike! I love the bike trails and use them Oct 17, 2011 1:51 PM myself. 32 No I haven't, most of the people use it with caution. Oct 17, 2011 1:50 PM 33 No- But I feel it is extremely important for bicyclists to alert pedestrians (and Oct 17. 2011 1:43 PM joggers etc.) on all bike paths as well as anywhere appropriate, when they are approaching. Bells work better than words, but either are courteous& essential. I'd like to see inexpensive bells available &ones that mount easily on any bike. Eg. my road bike handle bar is too big to accomodate a standard mount. 34 Yes, but no time for details. After joint replacement one feel so vulnerable and Oct 17, 2011 1:40 PM also with unleashed dogs on trails. 35 Yes Oct 17, 2011 1:27 PM 36 Never witnessed any accidents or problems with bikes & pedestrians. Oct 17, 2011 1:22 PM 37 Yes many times. Hyman Ave. mall Oct 17, 2011 1:20 PM 38 Most people have common sense. Oct 17, 2011 1:19 PM 39 Children and bicycle near misses x 2 Oct 17, 2011 1:18 PM 40 Yes, biker was not paying attention and clipped a pedestrian. Oct 17, 2011 1:12 PM 41 No :) Oct 17, 2011 12:56 PM 42 Yes. Oct 17, 2011 12:53 PM 43 Bikes down center of mall OK, not sides. Oct 17, 2011 12:51 PM 11 4 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. 44 Yes- guy on bike almost ran over and into some musicians this last summer. Oct 17, 2011 12:47 PM 45 No, but who walks out of a door from a business and looks both ways for a Oct 13, 2011 1:29 PM bicycle? People don't even look both ways for cars around here! 46 No Oct 13, 2011 9:27 AM 47 Yes- I used to work for a shop on the Hyman Ave. Mall and I saw multiple run- Oct 12, 2011 2:20 PM ins between bike riders and pedestrians/pets on a daily basis. I have also personally been accosted by bike riders on sidewalks expecting me to move OFF the sidewalk while walking my 14 year old dog. I told one lady to Fuck off and if she tried to ride by me I'd push her into traffic. Stupid bitch. 48 Yes, a near miss! Very frightening Oct 12, 2011 12:43 AM 49 No but dogs on leash accidents yes. or I should say dogs off leash are the Oct 11, 2011 11:56 AM danger. 50 Many times. I frequently see cyclists riding on the Hyman mall and less Oct 11, 2011 8:11 AM frequently on the Cooper Mall. I have been one of those near misses. 51 I have witnessed countless pedestrian/bicycle near misses and personally have Oct 10, 2011 10:26 PM been hit by a bicyclist as I was walking on a sidewalk. If pedestrian ways were strictly enforced, and bicycles were given space on streets (how about bike lanes???)everyone would be safer. Thank you for conducting this survey. It's about time to get the bikes off the sidewalks again. 52 Never. I ride downtown Aspen between 100 and 200 miles a month and cannot Oct 10, 2011 8:39 PM recall any incident of note over the last decade. Conditions vary with the seasons and I could not support any single regulation restricting the use of bicycles on sidewalks and malls. Enforcement should be based on specific behavior rather than on the simple fact that a person happens to be straddling a bicycle. 53 Yes. It is clear to me that a bicycle that is being ridden should follow the rules of Oct 10, 2011 12:07 PM the road and only be allowed to be ridden on the streets or bicycle paths. Bicyclists should walk their bicycles on the malls and sidewalks and when using crosswalks to cross the street. 54 I am constantly dodging bicyclist. They are offended, defensive and belligerent if Oct 10, 2011 11:18 AM i say anything. They know noting will be done. There is and never has been any enforcement. 55 I always witness it on the Rio Grande Trail, Smuggler. I am a biker and I treat Oct 10, 2011 8:33 AM everybody with respect. If I come onto people with their back to me i tell them I'm approaching. There are those that are not educated to the rules/laws, there are those who seem to be entitled to do what ever they want, and there are those who are completely oblivious to what is going on around them(people w/ Cell phones and Ipods). Those that are entitled will be the 1st ones wronged and yell the loudest. I have rode the trails up and down w/pedestrians and families/groups of bikers riding/walking shoulder to shoulder. If you ask to get by you either get the finger, yelled at, or just a dumb look. 12 5 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. 56 No-As an avid cyclist. It is sometimes difficult to avoid the sidewalks and Oct 9, 2011 10:47 AM pedestrian areas altogether. As a cyclist I think it is important to add the automobile component and street component. Sometimes I take the pedestrian route to avoid car areas and crazy drivers on cell phones and god knows how intoxicated. I always ride very carefully on the side walk and pedestrian areas and very safely. Make the laws how you like them but please include the factor of what is happening with the motor vehicles and transitions from locked bike to street. In Amsterdam if a car hits a bike for ANY reason it is the cars fault and I think that puts cars on notice that the street belongs to the cyclists as well. Here that is not the case. As usual in this country cars and drivers get all the privileges and cyclists can fend for themselves. Something might be wrong, I admit, but lets look at the whole system, not just the pedestrian/bike interface. What are we trying to achieve and what policies will really get us to the end we desire. Think this through because you could enact laws that will drive people off the bike and back to a car. Is that what we want here? 57 Asking for tragedy is allowing segway on the streets of Aspen, bicycles going Oct 8, 2011 4:31 PM against traffic on Cooper and Galena is another example. 58 Yes several, as a business manager I've witnessed collisions and many near Oct 8, 2011 4:13 PM misses, scaring off potential customers from walking and feeling safe on the malls. Go to any mall in America and there are rules of behavior that must be abided by for the safety and comfort of those that would spend their money in any establishment. Aspen is too relaxed in these and other important issues (for fear that people won't come and spend here)such as the rampant public alcoholism fueled by Bars over-pouring to it's patrons, this too has scared off many from spending time in the retail core especially at night when many businesses would like to stay open but fear the drunks will only scare of customers. Aspen Police need to get off their cushy chairs at the coffee shops and do more ticket writing for speeders and red light runners, more visibility and action needs too be taken before more lives are maimed or lost to those that have no respect for the law (specifically between the Airport and all through the city). A tougher stance on these issues will ensure that Aspen remains a pleasant and safe place for people to come and spend their money, not just the drunks and druggies. As a RFTA driver for 30+ years I have only seen Aspen decline and become the ultimate enabler for Drunks Druggies and eventually those that would end their own live's because to them this is ultimate living which in reality is only a means to their end. As a Bells Tour Guide I would also like to see some police or sheriffs presence on the Bells road because many that ride (not the majority)disobey the rules of the road riding 3 abreast and not moving over to allow vehicles to pass as well as speeding down the road (50-60mph posted speed is 35)endangering many of our PAYING tourist. Bells road is a county road and subject to all traffic laws. Thank you for your consideration of these thoughts. 59 no Oct 8, 2011 12:15 PM 60 yes Oct 8, 2011 11:04 AM 61 Yes, inattentive people on bicycles riding side by side, pummelled a relative Oct 8, 2011 9:14 AM young woman down because they were engaged in conversation and "didn't see her." That's unteneable, it's a pedestrian mall, why should SHE be looking for 13 6 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. errant cyclist? 62 Yes, I have been in near hits too many times to remember. The arrogance of Oct 8, 2011 7:41 AM bike riders is appalling. I ride my bike, but follow AUTO laws, which is the law for bikes. Bike riders should be on roads and bike trails, not on pedistrian malls and sidewalks. 63 None at all Oct 8, 2011 6:47 AM 64 No Oct 8, 2011 6:41 AM 65 I think the question is how dangerous it is to ride a bicycle on in-town streets and Oct 8, 2011 5:17 AM local roads. Very. 66 Yes. Bikes go where ever they like and do not yeild to Pedestrians. They are Oct 8, 2011 5:05 AM violating State Law. 67 no Oct 8, 2011 3:21 AM 68 No, but I am sure you will have a ton of replies from the small vocal group in Oct 7, 2011 2:04 PM town who I am sure is the reason for this survey. The same thing that happened with the leash law on our trails. Aspen has always been a laid back place. Keep it that way. Thank you 69 Please don't hassle bikers. Oct 5, 2011 7:25 PM 70 School for road rules for bikers, same as for cars. Oct 5, 2011 3:50 PM 71 Nope. However, one guy yelled at me for biking on the sidewalk and I told him to Oct 5, 2011 3:48 PM "Come at me bro!"jk. 72 Yes-witnessed teenager vs small child - no remorse n teenager part. Oct 5. 2011 3:45 PM 73 Never! Oct 5, 2011 3:42 PM 74 Many cyclists do not announce that they are about to pass you. This has Oct 5, 2011 3:40 PM occurred to me many times. I feel lucky I haven't been hit. 75 Not yet but it is very unpleasant. Oct 5, 2011 3:36 PM 76 I have witnessed many near misses from bicycles not paying attention to traffic Oct 5, 2011 2:39 PM laws and signs while in Aspen working. Bicycles are capable of moving at speeds that are unsafe to pedestrians throughout most of the town. Bikes belong on bike paths and should also be required (and enforced)to stop at stop signs and traffic signals. 77 don't want people zipping through the mall -that's generally not safe. But, with Oct 5, 2011 1:26 PM the bike shop now on the mall, and Aspen sports renting bikes, hard not to ride there from the Rubey park side or Wheeler side. I'm less inclined to ride down Cooper or Hyman, but that's more because I've always gone around. 78 There are near misses all through the summer on the Hyman Ave. Mall I have a Oct 5, 2011 1:24 PM major concern regarding riders who travel against traffic (Paradise Bakery 14 7 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. corner) and who pay no attention to lights or signage. 79 Overtaken without warning/greeting. Oct 5, 2011 9:43 AM 80 Given the additional space on the mall, I think bikes are low threats; however, Oct 5, 2011 7:22 AM recklessness should not be tolerated and penalties/fines should be stiff. I don't see the need for anyone to ride on the sidewalks. 81 nope Oct 4, 2011 5:24 PM 82 I've seen lots of near misses. I believe bikes should be allowed on the mall at all Oct 4, 2011 4:17 PM after dark...if you consider allowing it in the future. &not at all during July and August 83 Yes, many near misses. Also- I used to enjoy walking or riding my house on Rio Oct 4, 2011 3:56 PM Grande Trail, but no longer. Bicycles make it ?they're too fast and don't yield, with few exceptions. It's changed since everyone thinks they're Lance Armstrong. 84 A man was hit by a dog and needed emergency assistance. Oct 4, 2011 3:49 PM 85 Not in the mall but by the Rec center the cyclist did not care and it sent a young Oct 4. 2011 3:37 PM girl to the ER with a magor cut near her eye from the bike pedal. 86 No, you need bigger bright orange signs& strictly enforce this- on all Oct 4, 2011 3:26 PM cobblestone walkways. 87 No. Please no bikes on sidewalks! Mall is ok. Oct 4. 2011 3:19 PM 88 Yes, a bicyclist was riding towards me on the sidewalk. I stopped - expecting him Oct 4, 2011 3:19 PM to go around me. He yelled at me and hit me. 89 No. Oct 4, 2011 3:15 PM 90 I have seen many near misses. Most riders do ride responsibly, but even then a Oct 4, 2011 3:12 PM dog or a child can dart out and get hit. The main problem is that people act and walk as if there are no moving vehicles. Therefore, a biker cannot predict their actions. This puts all in danger, especially when the sidewalks, and or malls are crowded. 91 Yes - bicyclists go fast and don't announce themselves when they come up Oct 4, 2011 3:11 PM behind you - recipe for disaster. esp. with your kids and elder citizens. 92 Shops that rent bikes should explain the rules of the road, walk bike in crosswalk Oct 4, 2011 3:09 PM or you don't have right of way! 93 Bicycle on mall riding far too fast nearly struck a small child near fountain. Oct 4, 2011 2:52 PM 94 Never. Oct 4, 2011 2:50 PM 95 Bobby is the greatest! Oct 4, 2011 2:49 PM 96 Yes on sidewalk. No on mall. Oct 4, 2011 2:48 PM 15 8 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 97 Yes, biker was riding slowly and was trying to keep balance around kids playing Oct 4, 2011 2:44 PM at fountain. Should be walk it. 98 As an elderly person who walks daily using bike paths, I find many bikers pass at Oct 4, 2011 2:29 PM speeds where they could not easily stop if I stepped to the left, and I do not hear as well as I used to. Bikers on pathways should be required to notify pedestrians they are passing, especially when they are riding at considerable speed on the paths. This is difficult to enforce, but if they are warned that they could be legally responsible for injuries if they strike a pedestrian, it could make a difference. 99 No. My concern is more for bikes on the road. Please enforce the law there. Oct 4, 2011 1:16 PM Bikes should have to stop at stop signs, too. 100 No ... believe that the malls are full of people "wandering", looking around in a Oct 4, 2011 1:05 PM relaxed fashion ... people on bikes are headed in a straight direction (usually a shortcut) .... not a good mix ... sidewalks a different scenario ... too much commentary for this space ... ie, need to go on the sidewalk to access lots of bike racks ... but do think bikes should as priority be on a bike path or on the street ... transitions are not always easy 101 No-This is ridiculous. I've worked in the Aspen for 25+ years and have never Oct 4, 2011 12:54 PM had a problem with bicyclists! 102 There have been dozens of times that a bicyclist passed me on the sidewalk Oct 4, 2011 12:51 PM going very fast with no verbal warning and came within a hair of hitting me. If I had stepped slightly to the left I would have been hit. 103 No Oct 4, 2011 12:45 PM 104 none observed Oct 4, 2011 12:35 PM 105 I have seen several people on foot nearly hit or sustained slow speed impacts by Oct 4, 2011 10:04 AM people on bikes. My dog has nearly been hit three times this year by people on bikes on the sidewalk. In every instance, the "cyclist"felt they were in the right. I also dealt with a citizen who ran into our boom-truck with her head trying to access the sidewalk while riding her bike. I feel cyclist should be able to ride on the malls and sidewalks after completing a bicycle handling skills test in addition to passing a respect examination. 106 Yes. I have nearly been run over several times. I have even had bicyclists Oct 4, 2011 9:02 AM scream right and left like there are on the ski mountain expecting me to get out of there way. How rude! The bicyclists in this town are completely out of control. They have no regard for other people's safety and feel they are above the law. They have a complete disregard for there own safety or anyone else's, as well as a complete disregard for the law a result of little to no enforcement by the city of Aspen police. I am tired of the city pandering to these people and closing the city down to hold races. They are allowed to ride on roads with no shoulders, three wide, uphill with blind curves: it is just a matter of time before someone is killed. The city spent how much money on the bike path on cemetery lane that no one uses. I am tired of my tax dollars going to projects for ungrateful, disrespectful, rude, entitled bicyclists. Give them nothing more and enforce our traffic laws!!! 16 9 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 107 Yes, when the pedestrian mall is crowded and people on bicycles refuse to Oct 4, 2011 7:46 AM dismount and weave through the crowd on their way through. There are lots of little children running around and people walking or standing, and in such a crowded space that is meant for pedestrians only. it is easy for a cyclist to crash into someone. 108 Yes- I have almost been hit a number of times while walking on the sidewalk Oct 4, 2011 7:38 AM especially on Main Street and have had a couple of close calls on the mall. 109 yes, bike hitting a pedestrian. Then acted like it was the peds fault Oct 4, 2011 7:16 AM 110 I only have witnessed accidents on Rio Grande Oct 4, 2011 7:00 AM 111 I have had a bicycle nearly hit me on more than one accasion on the mall. Most Oct 4, 2011 6:57 AM of the riders choose to ignore the current rules about riding anywhere in town. They think that because they are on a bike that they don't have the same set of rules as everyone else. 112 No. This doesn't seem like a big issue to me. Oct 4, 2011 6:51 AM 113 no Oct 4, 2011 6:30 AM 114 Many near misses on mall ,but no accidents Oct 4, 2011 5:12 AM 115 no Oct 3, 2011 2:38 PM 116 I am an avid bicyclist and have lived in various cities around the country. It is Oct 3, 2011 1:35 PM illegal everywhere I have lived for bicyclists to ride on the sidewalk. When bicyclists do ride on the sidewalk and it is not enforced, it gives ALL bicyclists a bad reputation. Aspen is bike friendly and there is no need for bikers to use the sidewalks. 117 I have almost been run over by a person on a bicycle riding too fast-cars are Oct 3, 2011 1:03 PM not allowed in the mall -therefore, the same should apply for bicycles. 118 I have witnessed many close calls. Oct 3, 2011 12:36 PM 119 No bikers see Oct 3, 2011 12:28 PM 120 No bikers seem to alert if approaching... Oct 3, 2011 12:05 PM 121 Post"Caution" signs on malls for bicyclists. Oct 3, 2011 12:03 PM 122 No, but at Castle Creek bridge -ea (s) side -where the curb ramp is gone, I've Oct 3, 2011 11:52 AM had a couple of rear collisions only because neither direction can see - not because of a problem with bikes or peds. 2. Enforce W. Hopkins ped bikeway (no thru cars). 3. Extend W. Hopkins ped bikeway to East. 4. Please research a law like Boise's, bikes only need to yield. 123 Road rules need to be enforced especially the one way system. Bike rental Oct 3, 2011 11:25 AM shops need to have renters watch a rules and safety video. 124 Riding on sidewalk is safer than riding down Main St. Oct 3, 2011 11:23 AM 17 10 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 125 Yes. Bad accident/collision. Oct 3, 2011 11:11 AM 126 Yes, almost run over. Oct 3, 2011 9:42 AM 127 No. Oct 3, 2011 9:42 AM 128 No. Oct 3, 2011 9:41 AM 129 The sidewalk along Hallam at the Castle Creek bridge should not be a bike path Oct 3, 2011 9:23 AM -way too narrow. 130 no my question is-why don't the bikers ride on the bike paths as opposed to Oct 3, 2011 9:23 AM the roads? 131 just at blind spots and only 0.0001% of the times I've ridden Oct 3, 2011 7:45 AM 132 Never Oct 3, 2011 7:35 AM 133 No to#4. I think we need to post signs all over town about bike rules, both in Oct 2, 2011 11:09 AM town (sidewalks, mall)and bike paths. When using a bike path the speed limit should be 5-10 mph. There is no need for psycho "hot shot" bike riders to go flying down the bike path on Cemetery lane or around the golf course. There are kids, kids on bike, dogs on leashes,joggers and baby strollers. If these macho/a bikers want to go fast they need to be in the streets! Thank you 134 No, but I do not want to experience having to dodge a bicycle coming toward me Oct 1, 2011 7:48 PM on the mall or be taken by surprise by one coming up behind me. 135 Yes, I've almost been run into with my stroller and little one. There are so many Oct 1, 2011 7:25 PM bike trails and accessible areas for bikers, this should be a non issue. How about expanding off leash areas for owners and dogs- say after the 1st mile of hunter creek, it's too dangerous to hike with a leash anyways. Test your dog/voice command so as not to test animals... Lets get a bike park going.. How do you define bicycle vs. skateboard? 136 I am an avid walker and see many near misses on the mall and other sidewalks Sep 30, 2011 2:56 PM around town. Most bike riders don't follow the rules of the road and feel they can ride anywhere. Save the sidewalks for those of us who walk. 137 One instance of two bicyclists riding side by side on the sidewalk forced a Sep 30, 2011 2:41 PM pedestrian off the sidewalk causing the pedestrian to stumble. 138 Riding on sidewalks is dangerous, but I understand small children that are afraid Sep 30, 2011 1:50 PM to ride in the street because of the crazy drivers in this town. I think that the bicycle on the sidewalk issue is directly related to the level of driving insanity that occurs downtown. I would focus on traffic enforcement of cars before I spend any time on bicycles- specifically, talking on cell phones while driving which contributes to rolling stops, speeding, and impared cross-walk yielding. I think that the City should consider disallowing talking on your cell phone (and texting) while you are driving within city limits. Other communities across the country have done this(including my hometown) and, while it is hard to enforce, it definitely makes people think twice about picking up or placing a call while they are enroute. - p.s. sorry this is so long. 18 11 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 139 From the south side bus stop at 82 and 8th I crossed 82 and turned to walk west Sep 30, 2011 10:38 AM and a bike and its rider were inches from my leg. To the bike riders credit he stopped other wise we both would have been hurt badly. The surprise was when the rider starting screaming at me that i needed to watch out for him and I was at faulth for not giving the bike rider the right-of-way. 140 yes..steping from a store into the mall when a rider was close to the building not Sep 30, 2011 10:33 AM expecting a person coming out of the store. When I came out of the store, I wasn't expecting a bicyle to nearly hit me... 141 yes almost run over no warning just scowls Sep 30, 2011 10:12 AM 142 I am an avid runner. Depending on where I am planning on running it is Sep 30, 2011 9:43 AM necessary to run on sidewalks. Many times I have encountered someone on a bike weaving down the sidewalk. The best is when they have a dog with them. If someone has a bike and must use the sidewalk they need to walk the bike. The pedestrian malls are even worse. The restaurants have tables and chairs all over the place. Not only do you need to avoid those when you have people on bikes it is an absolute obstacle course. There is no need for bikes on the mall. 143 When I was walking on a sidewalk, a bicyclist rode by me at a high rate of speed Sep 30, 2011 9:14 AM with no warning. They need to ride slower or walk bikes on sidewalks where there are people. And definitely shouldn't ride on the malls. 144 Yes, a friend who was walking on a sidewalk near Wells Fargo bank was Sep 30, 2011 9:08 AM crashed into by a man on a bicycle. 145 no Sep 30, 2011 7:36 AM 146 I was grazed by a bicycle on a sidewalk. The person didn't stop or say a word. Sep 29, 2011 5:23 PM 147 SEVERAL TIMES ON THE MALLS. Sep 29, 2011 3:13 PM 148 As a pedestrian, I have witnessed and experienced personally many near Sep 29, 2011 3:13 PM misses with bicycles.As narrow as our walkways are, coupled with the leisurely pace of tourists and often crowded conditions, it is not safe to allow bicycles on the sidewalks. As long as one obeys the traffic laws, it is very safe to ride a bike on most streets in Aspen. 149 Yes! I've seen dangerous situations when cyclist are entering the mall way too Sep 29, 2011 3:00 PM fast. Also, around the fountains where the children play, I've seen numerous near misses with children verses bike. I think cyclists should adhere to the same rules that cars do. The only exception would be for small children. Having small children ride in the roads seem dangerous. Maybe any children under 12 years should be exempt with the parent walking beside the child. 150 Nope. Sep 29, 2011 2:55 PM 151 I have had several near misses (nearly being hit by a bicycle)when walking out Sep 29, 2011 2:54 PM the front door of city hall, crossing the street in a crosswalk, walking in the mall, and walking in a sidewalk. 152 Yes... this is not a good mix! Sep 29, 2011 2:30 PM 19 12 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. 153 No. Sep 29, 2011 2:29 PM 154 There have been a couple of times when I've been walking on a sidewalk or mall Sep 29, 2011 2:25 PM and look up to see a bicycle coming at me. This is alarming. If bicycles and motorists are to share the road, and cyclists are to be held to the same rules of the road as motorists, they have NO business on sidewalks or malls, unless they are walked. 155 No accidents. But annoyance at either getting out of the way or blocking the Sep 29, 2011 2:03 PM path. 156 I do not enjoy driving in the core in the summertime as bikes don't follow traffic Sep 29, 2011 1:54 PM laws, they speed through stopsigns, some use the crosswalks, then you have to watch for skateboarders, and vehicles that aren't aware/familiar w/the stop signs, no stops signs etc. I much prefer driving in the off season or winter because at least you see the skiers coming towards the intersection as their gear doesn't let them move as fast. 157 no Sep 29, 2011 1:33 PM 158 I have nearly been hit multiple times, once leaving the front doors of City Hall Sep 29, 2011 1:24 PM and once near Peaches Cafe. I have also witnessed numerous near misses. more so on the sidewalks than pedestrian malls. 159 Yes. It was someone wearing an Aspen Biking Club shirt who sped by without Sep 29, 2011 1:18 PM announcing himself at the intersection by the pedestrian bridge over Castle Creek Rd. He was incrediably rude. 160 W hopkins bike/ped way is a tremendous asset for walkers and bikers and an Sep 29, 2011 11:26 AM important incentive that lets kids ride to school and lets others feel comfortable walking. Adding more of those would be great. 161 yes-bikers do not notify their passing peds on malls and can frighten peds. Have Sep 29, 2011 7:22 AM never seen an officer even talk to bikers on mall as to no biking as policy now is. Officers not at all friendly when passing anyone-ped or otherwise..their friendliness would be such as asset!!. 162 no Sep 29, 2011 7:15 AM 163 1. walking out of City Hall on the Galena St side a couple on a Tandem bike was Sep 28, 2011 2:35 PM heading south on the sidewalk and nearly took me out as I stepped from the steps to the sidewalk 2. the mentality of some cyclists while on the road is questionable. I saw a cyclists pass through a controlled construction work zone where the flagger was holding a stop sign. The cyclist passed right by the stop sign and flagger and when confronted by the flagger, stated that"I'm on a bike. I don't have to stop!" 3. Aspen needs to decide if it's going to treat cyclists as vehicles or pedestrians. Cyclists should not be allowed to use sidewalks and crosswalks when pedestrian paths are more convenient than obeying traffic signals 4. It's called a sideWALK, not a sideRIDE 5. Cyclists travelling the wrong way(West and North) on the one way from Boogies to the Gap 6. It feels like it's just a matter of time before a cyclist or pedestrian is seriously injured 20 13 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 164 our streets are relatively car-free most of the time. Bikes belong in the streets Sep 28, 2011 2:22 PM with cars. not on sidewalks. The elderly, young children. and the general public use the sidewalks. they should be maintained safely for them. In addition, it can create a conflict when someone in a wheelchair is on the sidewalk at the same time as a bike. 165 Yes, many times on the mall and sidewalks they pass without a bell or sound Sep 28, 2011 2:20 PM and I have had my purse knocked into and would have been injured had I moved over as they were passing! 166 I have ridden my bike through the mall (against the rules), every time I do it I am Sep 28, 2011 2:04 PM prepared to dismount int he event someone in front of, to the side, or behind me is not prepared for my bike to pass them or be amongst them. Unfortunately, I do not believe everyone is as cautious. I don't think someone going very slow and being polite should get in trouble for this though. Ultimately, bikers need to realize that pedestrians on a side walk or pedestrian mall have right of way. • Instead of prohibiting biking on the mall you should put up signs that indicate who has right of way, and if you are going to cut through the mall that you need to go very slow and watch out for people who are walking. 167 I have been hit by a bike. I have had my car hit by a bike. Sep 28, 2011 1:25 PM 168 The traffic in Aspen has gotten so bad that our visitors...I think mostly visitors but Sep 28, 2011 12:54 PM don't know for sure...feel safer riding on sidewalks. It's impossible to be a pedestrian on a sidewalk with bikes...I resent it when a biker feels he/she has right of way on the sidewalk. Bikes are supposed to be subject to the same rules as cars and we don't allow cars on sidewalks! 169 Too many times. Cyclists forget that they are on a vehicle. They need to obey Sep 28, 2011 12:12 PM the laws. I've seen too many instances where a pedestrian sidewalk user has to quickly move out to the way for a family on bikes. Also, I wish there was more enforcement for this as well as when a cyclist blasts across a crosswalk on a bike instead of walking it. Auto drivers are not looking for that kind of behavior at any intersection. It concerns me that this city is looking for extra recognition for being bike friendly when cyclists currently disregard so many laws at it is. 170 I know of NO such accidents. Sep 28, 2011 10:49 AM 171 Not a specific one. More concerned about cars and the bike ways! Sep 28, 2011 10:22 AM 172 Saw 10 gusys bike through the mall slowly and considered telling them that was Sep 28. 2011 10:13 AM illegal - but the police were right there and they said nothing - so I let it go. I thought maybe I was mistaken about it being illegal. 173 No tickets,just inform people that it is not appropriate. I don't feel that there is Sep 28, 2011 10:05 AM any reason for people to have to ride through the mall. 174 Yes, person hit by bicycle. Sep 28, 2011 10:04 AM 175 I do ride on certain sidewalks when I ride bikes with my six year old daughter. I Sep 28, 2011 10:04 AM don't feel it is safe for her to ride a bike on main street. 21 14 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. 176 Walkers have iPods on & don't hear you announce. Sep 28, 2011 10:02 AM 177 Almost once a week. I live on Cooper Ave. and look both ways as I come out on Sep 28, 2011 9:06 AM to the sidewalk from my entry door. Regardless, I almost get hit by someone traveling down the sidewalk on a bicycle quite often. I understand children riding a bicycle on the sidewalk for safety reasons, but adults should not be allowed to do so. 178 Early and late hours of the day should be allowed to ride through the area, if Sep 28, 2011 8:49 AM there aren't people around what is the harm? If there are people- Don't. 179 Yes and it isn't pretty. Unfortunately, many of the people who choose to ride on Sep 28, 2011 8:49 AM the sidewalks and pedestrian malls are very inexperienced cyclists. This adds to the concern, since they often don't know how to react to situations when they arise. I learned a number of years ago on a cross-country bike tour that bikers need to comply with laws (stop signs, stop lights, riding on the right side of road, etc.) or drivers and pedestrians will form a bad opinion of"all cyclists"and take it out on them when the opportunity presents itself. In Aspen. I can't say I've ever seen enforcement. I don't understand why cyclists ride on the wrong side of the road, facing oncoming traffic. I also think the "speed"that cyclists travel when breaking the law(sidewalks, pedestrian mall, etc.) is a real problem. Why can't cyclists get off their bikes and WALK them on the sidewalks, etc. That's what sidewalks are for. I'm also concerned about the new bike path on the east side of town. Once cyclists enter town at the bridge over the Roaring Fork, they are often traveling at high speeds ON A SIDEWALK. This has to be controlled or someone is going to get seriously hurt, if they haven't already. Thanks for listening. 180 On a slightly different topic, I have seen a number of near misses when cyclists Sep 28, 2011 8:34 AM use pedestrian walkways to cross traffic. Most motorists are on the lookout for pedestrians, but the relative speed of a bike vs a person walking catches people off guard. Bikes are vehicles and should be granted only the rights of a vehicle. (BTW.... I am a cyclist not an angry motorist. I see all types of bad behavior by cyclists... the lowest-common-denominator among them ruin it for everyone. They are the minority but the most likely to hurt someone through inattention, excessive speed, etc...) 181 Yes. Near misses are common on the downtown malls and sidewalks. There Sep 28, 2011 7:46 AM are miles of bike paths and casual riders should use them. Serious riders should NOT use bike paths-or at least not at their normal riding speed. 182 no. i have never seen or heard of any bike-person accidents. Sep 28, 2011 7:39 AM 183 no Sep 28, 2011 7:34 AM 184 No Sep 28, 2011 7:16 AM 185 no but a lot of near misses Sep 28, 2011 7:12 AM 186 No Sep 28, 2011 6:55 AM 187 yes, mostly around the fountain Sep 28, 2011 6:46 AM 22 15 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. 188 yes many near misses Sep 28, 2011 6:35 AM 189 The malls are big and there is room for peds and bikes. Sidewalks are not. Sep 28, 2011 6:19 AM There is not room for bikes on sidewalks and only jerks ride on the sidewalks. Strictly enforce sidewalk ban. eliminate mall ban. 190 I have been almost hit numerous times. Bikers believe they have the right of Sep 28, 2011 6:01 AM way, and the pedistrian malls are for PEDESTRIANS, not for bike riders or skateboarders. I'm bothered by the fact that cops do not enforce this more regularly. 191 no but I'm nervous when someone on a bike goes by. Sep 28, 2011 3:56 AM 192 I've seen a few close calls, but nothing too serious. In Illinios we have a state Sep 27, 2011 3:15 PM law allowing only riders below the age of 12 on sidewalks. It's a good compromise that also keeps young kids out of street traffic. 193 I have never witnessed an accident or conflict of any kind Sep 27, 2011 3:06 PM 194 Been riding bikes in Aspen my whole life. The sense of entitlement that has Sep 27, 2011 12:38 PM saturated the place makes it difficult to be safe from stupidity anywhere, unless of course one is in a Hummer and impervious to all. Good luck finding a happy medium to this situation. I give kudos to the APD for all they do to keep us safe. Thank you! 195 Too many times bicycles are ridden on the sidewalk or mall with total disregard Sep 27, 2011 12:37 PM for pedestrians. Sidewalks are for walking only. 196 someone coming out of an alley had a minor bump with a bike crossing his path. Sep 27, 2011 11:46 AM I also observed a couple on a tamdem trying to ride through the Saturday market when hundreds of people were milling around. The bikers destoryed a thermometer that a vendor was using to show a group of people how hot the pavement gets for dogs. The bikers kept on going unaware of the damage caused while the crowd and vendor discussing the pavement were shocked and amazed the cyclists were so rude. I am an avid cyclist and think pedestrian traffic mixing is not viable. Cyclist have to obay the same rules as cars...imagine a car passing through the Saturday market. That's a accident in the making! As a NI cyclist I confine my riding to the roads and as a pedestrian I confine myself to the sidewalks. 197 yes I was almost hit by someone Sep 27, 2011 11:37 AM 198 no Sep 27, 2011 11:13 AM 199 The biggest issue regarding bicycles is not the use of sidewalks or pedestrian Sep 27, 2011 10:31 AM malls, rather it is their complete disregard for traffic laws and lack of required lighting at night that is hazardous. 200 near miss on the block between the Jerome and Carls- on the sidewalk, then in Sep 27, 2011 10:04 AM between parked cars and riding the wrong way in traffic as the light changed and it suited them. I would like to see more enforcement of bike riders safety rules, more education, and more bike lanes on busy streets, not more streets 23 16 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain. Also include additional comments or concerns. designated as bikeways, I don't really think that works. 201 I've been hit by a cyclist on the sidewalk. People don't understand the issue... Sep 27, 2011 9:56 AM 202 yes--almost been hit myself, but regularly see bikes narrowly miss pedestrians- Sep 27, 2011 9:52 AM - particularly in the stretch running north/south along the Mill area. 203 The key is speed. If someone is biking at a walking pace, that person is no more Sep 27, 2011 9:38 AM or less dangerous than if he was walking his bike, though he'll actually be taking up less space. People zooming along sidewalks and the pedestrian malls is what creates the danger. 204 yes the bicycles need to yield and go much slower on sidewalks. They were Sep 27, 2011 9:16 AM placed for foot traffic not speed 205 No. But I've experienced plenty of dangerous encounters with cars on the Sep 27, 2011 9:11 AM streets. 206 Cyclists believe they can run through stop signs- do not yeild to cars already Sep 27, 2011 9:08 AM stopped and they do not follow speed limit thru town. They do not follow basic traffic rules. signs. These are my personal experiences of this summer, I feel bikers think they own all the trails and roads and sometimes scream by you when you are walking and please note I am a biker and have three bikes myself! 207 Inexperienced bicyclists frequently ride the (narrow) sidewalk on North Mill St, Sep 27, 2011 8:36 AM which I understand since there is usually heavy traffic on that street, but something needs to be done to accommodate cyclists on the street because I believe cyclists should never ride on sidewalks. Drivers should be made aware that cyclists have a right to ride on the streets and need to give cyclists space when passing. 208 Skateboards are a big problem as well. Do they belong on the sidewalks? No. Sep 27, 2011 8:30 AM The streets? No. Also, bikers on sidewalks (primarily tourists)are using crosswalks on their bikes like pedestrians. This is extremely dangerous and they should be taught to operate bikes like cars, as is currently the law. 209 Yes, was walking my dog (on a leash)and the biker almost ran over my poor Sep 27, 2011 8:19 AM dog- 210 This occurrence happens everyday. Whether its a cyclist with their dog in tow, or Sep 27, 2011 8:08 AM someone trying to cut a street to avoid traffic, there are individuals riding bicycles on the sidewalk to avoid traffic therefore impeding pedestrian safety. Locals normally know the rules, same with delivery bike drivers, etc. There is nothing more annoying than someone riding their bike on the sidewalk or mall and expect you to move. It's more annoying than moving for a skateboarder. Just like bicyclists should get off their bike at a crosswalk if they want traffic to stop for them. There are rules for a reason and they should be enforced. I do not find that community safety is very concerned about this issue, but appreciate this survey. I ride my bicycle everyday and on another note, there are definitely vehicles traveling to and from Aspen who are simply unfriendly to bicyclists. The bigger picture is to perhaps consider giving bicyclists a place on the road by making a lane. The buses got one. Do some research, look at Fort Collins and Portland 24 17 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. and other towns. If you invite We-Cycle, get ready for 911 calls. Also, there are still individuals who don't know about the ped-bike pathways. Promote these please!! Get bicyclists off of Main St or give them a lane. Thank you 211 No. Athough I have had two head-on collisions on bike paths outside of the city Sep 27, 2011 7:38 AM core. Luckily, I saw them coming and was able to stop before being run in to. Once with a young girl. Once with a family taking up the whole path and not looking ahead. That's why I prefer to ride on the road. At least all the traffic is going the same direction. 212 Unfortunately, bikers tend to be self absorbed and rude. They don't obey traffic Sep 27, 2011 7:06 AM laws on the roads so I believe that they would be a danger n the malls. 213 never. Near misses between cyclist adn pedestrains more likely on streets due Sep 27, 2011 7:04 AM to clueless pedestrians wandering onto/across street without looking around or yielding to cyclists. 214 No Sep 27, 2011 6:58 AM 215 no but I see lots of people riding in the mall &on the downtown sidewalks Sep 27, 2011 6:44 AM everyday 216 I admit that I ride my bike on the mall many times a week. I do it as it presents Sep 27, 2011 6:09 AM more of an obstacle if I were to be walking next to it. The alternative of riding around on Durant. Cooper, Hyman and Mill presents greater challenges with drivers either not seeing me or mostly- ignoring me on a bike! I believe if the law enforcement were to use reasonable discretion in the way a cyclist is riding on the mall,we could all be just fine playing together. 217 yes, around the congested hotel jerome, corner Sep 27, 2011 6:08 AM 218 no Sep 27, 2011 4:07 AM 219 I have never seen a pedestrian/bike accident, but have seen many car/bike Sep 26, 2011 4:07 PM incidents, and had several near death experiences involving cars while on my bike. My friend recently had surgery because she crashed while riding in the street when threatened by a car that ran a stop sign. Streets are now filled with huge trucks making it unsafe for bicycles, especially Main St. The streets of Aspen are not bike friendly any more. Cyclists should be allowed to ride on sidewalks in order to access bike paths as long as they are courteous to pedestrians and do not ride recklessly. Police energy should be focused on the many cars running stop signs, endangering both cyclists and walkers, and not on cyclists riding slowly on uncrowded sidewalks. How about enforcement of the many cars that drive on the ped/bikeway to the tent and back in the summer. 220 I've witnesses many near misses. The sign says No Walk- better signage. Sep 26, 2011 4:06 PM Especially during lunch time it is chaos. the ultimate is the biker on the cell phone with ther dog running off leash near them. 221 Corner of Mill & Main. I was turning right onto main going west. A man on a Sep 26, 2011 4:03 PM bicycle was riding on the sidewalk and crossed main going south. I almost hit him because his speed was such that I was already in the crosswalk and he 25 18 of 20 Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or 44 pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. almost hit my car. 222 I've had several near misses, please regulate. Sep 26, 2011 4:00 PM 223 When's the survey for bike vs auto? Sep 26, 2011 3:58 PM 224 Near miss on a daily basis. Sep 26, 2011 3:56 PM 225 No, however a total ban would put more bikes on Main Street where most Sep 26, 2011 3:54 PM parked car occupants don't look before they open their car door! 226 North of Nell,too many bikes on sidewalks in front of building. Sep 26, 2011 3:49 PM 227 A lot of near misses on the mall, almost got my leg run over. Sep 26, 2011 3:48 PM 228 Feels bikers on the mall are flaunting that they are riding even though there is a Sep 26, 2011 3:47 PM walk-only law. Sidewalks might actually be safer for bicycles due to cars. 229 Yes, numerous times! Sep 26, 2011 3:45 PM 230 The Rio Grande needs more enforcement/announcing their presence. Sep 26, 2011 3:43 PM 231 Arrest Charlie Tarver Sep 26, 2011 3:35 PM 232 Designated bike only paths may help. Sep 26. 2011 3:30 PM 233 I'm more concerned with the bicyclists taking over the streets oven though there Sep 26, 2011 2:39 PM are bike paths. I've seen many near misses with car vs autos. 234 I have to say that this survey is rather vague. What is a sidewalk? Does it Sep 26, 2011 12:35 PM include the bike paths? You need to put together a much more comprehensive survey, with the opportunity for people to really express how they feel about the situation, rather than just presenting a few basic questions, the only options for answers being those which you have pre-determined. 235 All the time in the summer. Just walking down the mall you have to watch out for Sep 26, 2011 12:09 PM the people especially kids on bikes on the mall in the summer. 236 On a daily basis bicycles have near misses on the mall and sidewalks. I am Sep 26, 2011 10:00 AM absolutely shocked at the arrogance of bikers. When I was a kid the APD wrote me a $50 ticket for riding on the mall, trust me I learned my lesson. 237 The law has always been "no bike ridiing on the mall".And that should be Sep 26, 2011 8:01 AM enforced! 238 Too many bicyclists seem to ride with impunity on Aspen's malls, sidewalks, and Sep 26, 2011 5:13 AM mixed-use trails. If you call them on it, they more often then not ignore you and keep on riding. Bicyclists on the mixed-use trails speed by with no warning. Frankly I'm tired of the inconsiderateness toward pedestrians. I don't think we need to be heavy-handed, but we need to educate cyclists. If there is a persistence of breaking the rules then there should be stiffer consequences. We have entire families riding their bikes through crowded malls. The situation this summer was ridiculous and potentially dangerous. I'm amazed at the lack of 26 19 of 20 -P Page 3, Q4. Have you experienced or witnessed a bicycle vs. pedestrian accident or near miss on a sidewalk or pedestrian mall in Aspen? Please explain.Also include additional comments or concerns. common sense, or is it arrogance? 239 Never heard of a serious collision related to this "problem". Sep 14, 2011 3:06 PM 240 *Designated seasons Sep 14, 2011 3:04 PM 241 82 needs the glass cleaned off of the breakdown lane!! Sep 14, 2011 2:55 PM 242 I ride on the mall from time to time but not often - shouldn't. Sep 14, 2011 2:50 PM 243 To me it is always keeping peripheral? awareness, campaigning. Sep 14, 2011 2:48 PM 244 Bikers should walk their bikes through the malls, riding is too dangerous. Sep 14, 2011 2:46 PM 245 Cars hazard to bikes because bikers don't pay attention. Sep 14, 2011 2:40 PM 246 Bicycle riders must have lights, safety at night. Sep 14, 2011 2:33 PM 247 Skateboards too. Sep 14, 2011 2:29 PM 248 Many riders go too fast-that's my main problem with them. Sep 14, 2011 2:28 PM 249 Bike light required. Sep 14, 2011 2:10 PM 250 Bikes drive me NUTS on the mall. Lots of riders are not paying attention to Sep 14, 2011 2:03 PM people, but just look around at friends, stores etc. The don't follow any etiquette. Maybe"locals"who take a test get a special FLAG for their bikes saying they know the rules of the mall. 27 20 of 20 +@ •` •. • T"it MEMORANDUM TO: Mayor& City Council THRU: Don Taylor, Finance Director FROM: Don Pergande, Budget Officer DATE: April 2, 201,E RE: First Reading:Adoption of Budget Supplemental—Ordinance No.(3 (Series 2012)this item will be discussed on Monday, April 9, 2012 Staff is requesting an amendment to the City's 2012 budget that increases the city-wide total expenditure appropriation from $95.2 to $114.8 million, (See Attachment A). Net of inter fund transfers, budget authority increases from $77.0 to$95.1 million. Interfund transfers are required appropriations between City funds that do not reflect the true cost of operations. Attachment F provides a detailed listing of budgeted 2012 interfund transfers. The exhibit below outlines the supplemental requests impact on the City's overall appropriation authority. The reference attachments provide itemized listings of requested supplemental budget authority. CITY OF ASPEN - 2012 SUPPLEMENTAL BUDGET Description Amount Location 2012 Adopted Budget: $95,193,540 See Attachment A Total New Requests: $1,815,690 See Attachment B Total Manager Savings: $405,270 See Attachment C Total Carry Forward Savings: $2,722,490 See Attachment C Total 100% Carry Forwards: $13,711,570 See Attachment D Technical Adjustments: $931,470 See Attachment E Total Budget Requests: $19,586,490 See Attachment A TOTAL ORDINANCE: $114,780,030 See Attachment A Less Interfund Transfers $19,658,790 See Attachment F NET APPROPRIATIONS: $95,121,240 See Attachment A 2012 Budget Ordinance-1 As noted in the chart above, this supplemental is mostly comprised of annual capital carry-forward appropriations. These requests are for projects previously appropriated and for which cash reserves exist. Different categories of requests include: • Attachment B: "New Requests" of $1,815,690 include requests for formal appropriation of funding issues previously reviewed by Council during this fiscal year and new requests. Narrative justification of each new request is provided as part of this memorandum below as well as in the memorandums at the end of this packet provided by departmental staff. • Attachment C: "Manager 10% Carry Forward Savings" of $405,270 represents 10% of operating budget savings from all departments of the City in previous years. These one-time appropriations are allocated to the City Manager's office for use in addressing mid-year issues with citywide implications. • Attachment C: "Departmental 50% Carry Forward Savings" of $2,722,490 represents 50% of previous years operating budget savings for individual departments. Departments are allocated these amounts as a reward to finding efficiencies in their operations that allow them to meet their operating goals while spending less than their total appropriations. These one-time appropriations can be spent on items related to the department's mission. • Attachment D: "Departmental 100% Carry Forward Requests" are for operating items and capital improvement projects budgeted in 2011 that require completion in 2012. These requests total $13,711,570. This category also includes the City's personal computer and workstation replacement programs which keeps the City's computer technology new and efficient. Attachment D details these requests by department. • Attachment E: This attachment details all of the technical adjustments in 2012, totaling $931,470. Technical adjustments include accounting transactions needed to administer decisions made by City Council or City policy, formal appropriations of previously approved projects and oversights in budget entry. • Attachment F: This attachment details interfund transfers for 2012, totaling $19,658,790. Interfund transfers are required appropriations that do not reflect the cost of operations. New Requests General Fund City Attorney Department - The City Attorney Department request totals $133,910. This funding request is for the employee payout of the previous city attorney per City of Aspen policy. This request will be funded from the General Fund cash reserves. Building Department- The Building Department requests total $55,200. $48,900 is for funding contracted plans review for the Aspen Valley Hospital (AVH) project and 625 East Main project. This request is funded by the projects fees and has no impact to the General Fund cash reserves. $6,300 is to increase the plans examiner from 32 to 40 hours per week. Moving this position to 40 hours is necessary to backfill time diverted from the plan review function to Community Development management team administrative assignments, and to address expected upcoming reviews. Documentation supporting this request demonstrates that the additional hours are needed to maintain customer service level expectations. This request will be funded from the General Fund cash reserves. See the memo at the back of this packet for additional details on the above requests. 2012 Budget Ordinance-2 New Requests All Other Funds Parks and Open Space Fund- The Parks and Open Space Fund requests total $364,700. The following funding requests are one time. $225,000 is requested for the formal appropriation for the non-potable water irrigation pump house approved by Council on March 27, 2012. This project will be funded from the 2012 Parks and Open Space bond proceeds. $43,400 is requested for additional summer seasonal staff and materials to service an expanded area of the Downtown Core which will greatly enhance the experience for visitors and residents. This request is for 3 seasonal positions and materials for the summer months. The seasonal positions will be funded from the General Fund central savings account. See the memos at the back of this packet for additional details on the above requests. The following Parks and Open Space Fund funding requests are ongoing. $27,700 is requested for a seasonal Horticulturist. This position will oversee the design, planning, installation, and maintenance of a large system of gardens, floral displays, and perennial beds. $27,700 is requested for a seasonal Arborist Technician. This position will manage, plan and complete the day to day field operations required to fulfill forest management plan objectives and maintain a healthy and safe community forest. The Parks and Open Space Department feels strongly that these positions are critical positions that have significant benefits to the community. $17,000 is requested funding for the reclassifications and reorganization of existing staff. $12,000 is requested funding for an electric work cart needed for the expanded downtown core service. $11,900 is requested funding for temporary outfield fencing and portable pitching mound at Iselin and Rotary Fields. These requests will be funded from the Parks and Open Space Fund cash reserves. See the memos at the back of this packet for additional details on the above requests. Transportation Fund- The Transportation Fund requests total $235,000. $235,000 is requested for the formal appropriations of the CMAQ grant funding to purchase the bike kiosk and other equipment. The request was presented and approved to Council on January 23, 2012. See the memo at the back of this packet for additional details on the above request. Housing Development Fund- The Housing Development Fund request totals $241,000. Staff requests appropriation of funds to effect corrections at Burlingame 1 mechanical systems; provide City staff management; potable water tap disconnects on two single family lots converted to common area, plat revisions and as-built documents; HOA and utility fees; gradation modifications design and construction. This request is funded by Housing Development Fund cash reserves. See the memo at the back of this packet for additional details on the above request. Water Utility Fund- The Water Utility Fund request totals $278,000. Staff is requesting additional funding for the AABC Tie-In project. This project is to construct a pipeline and pressure reducing valve station, as well as to provide a second source of water to the AABC water service area. This request will be funded by the Water Utility Fund cash reserves. See the memo at the back of this packet for additional details on the above request. Electric Utility Fund- The Electric Utility Fund requests totals $120,000. This total includes a reduction of $170,000 to the ACSD Distribution System project. After further ROI review the ACSD Distribution System was canceled and the other priority projects were established. $250,000 is additional funding for the Second Feed Electrical System/Deer Hill project. This project will install electrical infrastructure to connect to the AABC Holy Cross Substation from Burlingame Ranch, Phase I. 2012 Budget Ordinance-3 $40,000 is requested funding for the continuance of the Geothermal Test Well project. This request will be funded by the Electric Utility Fund cash reserves. See the memo at the back of this packet for additional details on the above request. Golf Course Fund- The Golf Course Fund requests total $339,800. This request is for the City Council to authorize amendment to the 2012 budget to allow the transfer of funds in the amount of $339,200 from the General Fund and to appropriate an additional $339,800 for a total of $425,000 in the Golf Course Fund for the acquisition of golf equipment and carts. See the memo at the back of this packet for additional details on the above request. Asset Management Fund- The Asset Management Fund request totals $48,090. $40,160 is requested for formal appropriations of the Agenda Management Software approved by Council on March 26, 2012. This request is funded from the Clerk's Departmental savings account, $12,160 and from the General Fund central savings account, $28,000. See the memo at the back of this packet for additional details on the above request. Next, the City is selling a vehicle to the Aspen School District instead of trading the vehicle in; therefore, the contract does not net the trade in cost. $7,930 of additional budget authority is needed to cover this change. This request is 100% funded from the sale proceeds of the vehicle. Technical Adjustment Technical adjustments include accounting transactions needed to administer decisions made by City Council or City policy, formal appropriations of previously approved projects and oversights in budget entry. The technical adjustments in this packet total $931,470. The details related to these adjustments can be found on attachment E of this packet. 2012 Budget Ordinance-4 ORDINANCE NO. 1,5 (Series of 2012) AN ORDINANCE APPROPRIATING AN INCREASE IN THE ASSET MANAGEMENT PLAN FUND EXPENDITURES OF $3,103,940, AN INCREASE IN THE GENERAL FUND OF $3,369,680 AN INCREASE IN THE PARKS AND OPEN SPACE FUND OF $631,620, AN INCREASE IN THE WHEELER OPERA HOUSE FUND OF $266,880, AN INCREASE IN THE TRANSPORTATION FUND OF $742,200, AN INCREASE IN THE HOUSING DEVELOPMENT FUND OF $2,603,180, AN INCREASE IN THE KIDS FIRST FUND OF $195,160, AN INCREASE IN THE STORMWATER FUND OF $674,130, AN INCREASE IN THE WATER FUND OF $2,437,970, AN INCREASE IN THE ELECTRIC FUND OF $711,820, AN INCREASE IN THE RENEWABLE ENERGY FUND OF $1,768,590, AN INCREASE IN THE PARKING FUND OF $486,330, AN INCREASE IN THE GOLF COURSE FUND OF $359,020, AN INCREASE IN THE TRUSCOTT FUND OF$565,380,A INCREASE IN THE MAROLT FUND OF $55,780, AN INCREASE IN THE EMPLOYEE HOUSING FUND OF $215,930, AN INCREASE IN THE INFORMATION TECHNOLOGY FUND OF $1,303,320, A INCREASE IN THE HOUSING ADMINASTRITION FUND OF$95,560. WHEREAS, by virtue of Section 9.12 of the Home Rule Charter, the City Council may make supplemental appropriations; and WHEREAS, the City Manager has certified that the City has unappropriated current year revenues and/or unappropriated prior year fund balance available for appropriations in the following funds: ASSET MANAGEMENT PLAN FUND, GENERAL FUND, PARKS AND OPEN SPACE FUND, WHEELER OPERA HOUSE FUND, TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND, STORMWATER FUND, WATER UTILITY FUND, ELECTRIC UTILITY FUND, RENEWABLE ENERGY FUND, PARKING FUND, GOLF COURSE FUND, TRUSCOTT HOUSING FUND, MAROLT HOUSING FUND, EMPLOYEE HOUSING FUND, INFORMATION TECHNOLOGY FUND, AND HOUSING ADMINISTRATION FUND. WHEREAS, the City Council is advised that certain expenditures, revenue and transfers must be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 Upon the City Manager's certification that there are current year revenues and/or prior year fund balances available for appropriation in the: ASSET MANAGEMENT PLAN FUND, GENERAL FUND, PARKS AND OPEN SPACE FUND, WHEELER OPERA HOUSE FUND, TRANSPORTATION FUND, HOUSING DEVELOPMENT FUND, KIDS FIRST FUND, STORMWATER FUND, WATER UTILITY FUND, ELECTRIC UTILITY FUND, RENEWABLE ENERGY FUND, PARKING FUND, GOLF COURSE FUND, TRUSCOTT HOUSING FUND, • MAROLT HOUSING FUND, EMPLOYEE HOUSING FUND, INFORMATION TECHNOLOGY FUND, AND HOUSING ADMINISTRATION FUND: the City Council hereby makes supplemental appropriations as itemized in the Attachment A. 2012 Budget Ordinance-5 Section 2 If any section, subdivision, sentence, clause, phrase, or portion of this ordinance is for any reason invalid or unconstitutional by any court or competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion thereof. INTRODUCED, READ, APPROVED AND ORDERED PUBLISHED AND/OR POSTED ON FIRST READING on the 9th day of April, 2012. ATTEST: Kathryn S. Koch, City Clerk Michael C. Ireland, Mayor FINALLY ADOPTED AFTER PUBLIC HEARING on the 23th day of April, 2012. ATTEST: Kathryn S. Koch,City Clerk Michael C. Ireland,Mayor Approved as to Form: Jim True,City Attorney 2012 Budget Ordinance-6 Q c N E L ryU L Q m 0 0 a N a .0 �0 .ai CO o o P b p a a up N CO „ 0 b O $ N N 4 m O ti E• w'. N O O N b 4 m y m O b W N ru y Oi en O O d ` hi 0 0 OO m Oi q` S n oz b `� a b a ul al- b O C O N nt O H 0 n O La up ta N m N .0 N N .0 .n Q N H .n ✓r N N N N N m ^ H N N N N .n N 9 n O 2 2 2 8 O b o O O O O p 0 O O O O O O O O O O O Q a W O q S N Oi 0 n q m 0 0 O fa M m 0 0 N n O O O O M < b i m b b• 9 e O N O o M b is• m b n O n N tat < b h 3' O N Na,N a m a N n a; tri . N n n .n N n N 'n N N .. H N N N � M en N N .n .n N E O O O S O O O p O o O O O O p# b N O O O S 0 O O N '4 b N N O au co N T• o b a en n O: N Ca C O at m v n hi N 0 ~ b m up • b $ m O 6 o.,i co 6 M N S N m to M N n N O N N N n N N N N H N N N N N M N pN n O Ow N 00 OO p O Q O O O O O O 0 S O S p O m O CO 0 n 0 a Z C 9 a y O o m n n 0. 6 O N q P N Kt 6 d. D w? a p OOI h n a ✓0 n 0 . $ m n � $ 0 .n b m H R. LL 0 M v co ni m U N N N N N N m .n N N h N N N v. N in N N N N H N N N N N va To N F a Q w It Q p 0 0 0 O O 0 P 0 O O o O o O 0000 o o M O a S 0 0yj m n V or 9 N N C S 0 M I, 0 V 0 p 0 m 0 n 0 O 6 c % c o - n o e o E y a e $ • n P ro Mn ry an n rn 'n m N ° H M n coin M m .n n .n. O O .n .n .n m 0 n O N n n n .n H n N n y ^„ N N O O V a 8 N ei N # H N N Q an N b en H $ `00 ON N N v0 co cr• an Z « b b N b 0` N N M N m at en V uJ C N N CO N $ P o b $ .n 0 O d N N a LL 4 rO m b O pv p m $ U C 2 m O ry b N $ a $ in o d 9 N O _ P O O� N 0 J 6 m b b 0 N ti O a CO.m W O b b ry N• a ° N O b O N U• O N N . . M . . N N n N ai N Q in n n n en N .i N n n .n n i n n n m m m N I- r N N N N 9 u n co S at 0 d O ^ O p m W W O N M ab P p P N N a N m n 0 m N b O b 4 a V N • m M 0 0 0 0 N b n N N C N N N N N ,O t 01 a N 0 h N N .n n N .n N N h N Is in 01 0 vs 9 Q a a < c Ts °e "' c , i 4 0 E C c c E " a '' LL c 3 c c Tv 0 'o a a co_ u E u a a n u. LL o w ° a cc 2 ci• V U' a O E a E 2 N i; cE c 4 d 9 N c O M 'CJ M C Q a N d C m • C u •O O i a C N la. a N 0' O u d = C m N .o 2 O F E q_ E N y p E U' u t d O E C m v b L a O 6 c U V O .-O N _O W 6 0 0 2 4 4 -2 = 1- O C `- c « v ' n 3 « 44 :iii « A « - M o E m m « Y. 212,, --6 2 y v .a c a « _ a m „ `„ _ E « a .. « « m _ 3 c o o e _o' _o' E « •• N « j 5 Q °' c a a o v `c a n o a w w ° o Eo N a v 3 u U' U' N N a 3 0 F 2 •[ 0n N 0 0 N U Q N w 3 w a n 8 ti 2 N - N 0 Z N Q Z 2012 Budget Ordinance-7 City of Aspen Attachment B 2012 Supplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Department/Fund New Request Description Amount Subtotal by Dept. General Fund City Attorney Employee payout per City policy. $133,900 Subtotal,City Attorney $133,900 Building Contracted plans review for the Hospital and 625 East Main project. This request $48,900 is 100%funded by the projects. See memo for additional details. The Building Department requests$6,300 to increase the current 32 hours per $6,300 week plans examiner to 40 hours per week.Moving this position to 40 hours is necessary to backfill time diverted from the plan review function to Community Development management team administrative assignments,and to address expected upcoming reviews.Documentation supporting this request demonstrates that the additional hours are needed to maintain customer service level expectations. See memo for additional details. This is an ongoing request. Subtotal,Building $55,200 Subtotal,General Fund $189,100 Parks and Open Space Fund 100.94.94438.86001 Staff is requesting the formal appropriation for the non-potable water irrigation $225,000 pump house approved by Council on March 27,2012. This pump house is part of the Rio Grande Park Improvements Project. This request will be bond funded in 2012. See memo for additional details. 100.55.55000.80* Staff is requesting supplemental funding for additional summer seasonal staff $43,400 and materials to service an expanded area of the Downtown Core which will greatly enhance the experience for visitors and residents. This request is for 3 seasonal positions and materials for the summer months. The seasonal positions will be funded from the General Fund's central savings account. See memo for additional details. 100.55.55000.80* Seasonal Horticulturist. The Parks and Open Space Department is responsible for $27,700 design,planning,installation,and maintenance of a large system of gardens, floral displays,and perennial beds,is requesting supplemental funding for a season position of Horticulturist to the Department.The Parks and Open Space Department feels strongly that this is a critical position that has significant benefits to the community. See memo for additional details. This is an ongoing request. 100.55.55000.80* Seasonal Arborist Technician. Staff is requesting supplemental funding for the $27,700 purpose of hiring a certified arborist/field crew supervisor to manage,plan and complete the day to day field operations required to fulfill forest management plan objectives and maintain a healthy and safe community forest. See memo for additional details. This is an ongoing request. 100.55.55000.80* This request funds the reclassifications and reorganization of existing staff. This $17,000 is an ongoing request. 100.94.xxxxx.86001 Requesting an electric work cart needed for the expanded downtown core $12,000 service. See memo for additional details. 100.94.xxxxx.86001 Staff is requesting funding for temporary outfield fencing and portable pitching $11,900 mound at Iselin and Rotary Fields. See memo for additional details. Subtotal,Parks and Open Space Fund $364,700 2012 Budget Ordinance-8 City of Aspen Attachment B 2012 Supplemental Budget New Funding Requests All Requests are one-time unless otherwise noted. Department/Fund New Request Description Amount Subtotal by Dept. Transportation Fund 141.94.xxxxx.86001 Staff requests the formal appropriations of the CMAQ grant funding to purchase $235,000 the bike kiosk and other equipment. This request was presented and approved by Council on January 23,2012. See memo for additional details. Subtotal,Transportation Fund $235,000 Housing Development Fund Staff requests appropriation of funds to effect corrections at Burlingame 1 $241,000 mechanical systems;provide City staff management;potable water tap disconnects on two single family lots converted to common area,plat revisions and as-built documents; HOA and utility fees;gradation modifications design and construction.The total request is$241,000. See memo for additional details Subtotal,Housing Development Fund $241,000 Water Utility Fund Requesting additional funding for the AABC Tie-In project. This project is to $278,000 construct a pipeline and pressure reducing valve station,as well as to provide a second source of water to the AABC water service area. See memo for additional details. Subtotal,Water Fund $278,000 Electric Utility Fund Requesting additional funding for Second Feed Electrical System/Deer Hill $250,000 project. This project will install electrical infrastructure to connect to the AABC Holy Cross Substation from Burlingame Ranch,Phase I. See memo for additional Requesting funding for the continuance of the Geothermal Test Well project. See $40,000 memo for additional details. The Utility Funds are reprioritizing their capital projects according to ($170,000) infrastructure needs. After further ROI review the ACSD distribution system was canceled and the other priority projects were established. Subtotal,Electric Fund $120,000 Golf Course Fund This request is for the City Council to authorize amendment to the 2012 budget $339,800 to allow the transfer of funds in the amount of$339,200 from the General Fund and to appropriate an additional$339,800 for a total of$425,000 in the Golf Course Fund for the acquisition of golf equipment and carts. See memos for additional details. Subtotal,Renewable Energy Fund $339,800 Asset Management Plan Fund 000.07.94657.86001 Agenda Management Software for Council's agendas. $40,160 000.41.83005.86000 The City is selling a vehicle to the Aspen School District instead of trading the $7,930 vehicle in;therefore, the contract does not net the trade in cost. $7,930 of additional budget authority is needed to cover this change. This request is 100% funded from the sale proceeds of the vehicle. Subtotal,Asset Management Plan Fund $48,090 Total New Requests All Funds: $1,815,690 Total New Requests After Offsetting Funding Source: $319,120 *Italics Indicates offsetting funding source 2012 Budget Ordinance-9 Attachment C City of Aspen 2012 Supplemental Budget Request 10%and 50%Carryforward Requests Department Central Savings "10%" Operating Budget Savings "50%" Council $48,180 City Manager $366,410 $110,240 Human Resources $81,230 City Clerk $73,000 Finance $206,600 Planning $24,930 Engineering $119,820 Building $1,800 Environmental Health $8,430 Police $421,940 Streets $341,150 Special Events $11,900 Asset Management $7,530 General Fund Subtotal Departmental Savings $366,410 $1,456,750 Parks and Open Space Fund $0 $32,670 Wheeler Opera House Fund $5,140 $212,720 Transportation Fund $2,250 $140,450 Kids First Fund (at 15% max) $340 $106,950 Stormwater Fund $4,590 $86,330 Water Utility Fund $16,780 $287,280 Electric Utility Fund $0 $21,410 Parking Fund $1,970 $250,310 Golf Fund $950 $9,130 Information Technology Fund $6,840 $118,490 All Other Funds Subtotal Departmental Savings $38,860 $1,265,740 'Total Savings $405,270 $2,722,4901 1011 Budget Ordinance-10 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department General Fund City Manager 001.05.05000.83625 Workstation Replacement $2,200 001.05.05000.83655 PC Replacement $16,880 Subtotal,City Manager $19,080 HR/Risk Management 001.06.06000.83625 Workstation Replacement $13,150 001.06.06000.83655 PC Replacement $4,460 Subtotal, Human Resources $17,610 City Clerk 001.07.07000.83625 Workstation Replacement $5,240 001.07.07000.83655 PC Replacement $22,780 Subtotal,City Clerk $28,020 City Attorney 001.09.09000.83625 Workstation Replacement $2,470 001.09.09000.83655 PC Replacement $2,570 Subtotal,City Attorney $5,040 Finance 001.11.11000.83625 Workstation Replacement $24,030 001.11.11000.83655 PC Replacement $12,110 Subtotal, Finance Department $36,140 Planning 001.13.13200.83625 Workstation Replacement $16,030 001.13.13200.83635 Equipment Maintenance and Repair $410 001.13.13200.83655 PC Replacement $3,700 001.13.47501.82900 Aspen Area Community Plan $126,320 001.13.94379.81999 Community Development Permitting Software-Training $45,000 001.13.94379.81999 Community Development Permitting Software-Services $45,000 001.13.13400.82999 Historic Preservation Education and Outreach-Deep Powder Cabin $810 Subtotal, Planning $237,270 Engineering 001.15.15000.83625 Workstation Replacement Carry forward $8,820 001.15.15000.83655 PC Replacement Carry forward: $3,200 Subtotal, Engineering $12,020 Building 001.21.21000.83625 Workstation Replacement $8,780 001.21.21000.83655 PC Replacement $15,570 Subtotal, Building $24,350 Environmental Health 001.25.25500.83625 Workstation Replacement $8,470 001.25.25500.83655 PC Replacement $2,350 001.25.25500.82799 Radon Education Grant $17,000 001.25.25500.82999 Environmental Impacts of Development $10,100 001.25.25700.82999 Single Use Bag Fee-Materials $36,500 001.25.25700.82999 Single Use Bag Fee-Services $16,700 001.25.25700.80030 Single Use Bag Fee-Labor $6,800 Subtotal, Environmental Health $97,920 Police 001.31.31000.83625 Workstation Replacement $39,330 001.31.31000.83635 Equipment Maintenance and Repair $66,570 001.31.31000.83655 PC Replacement $46,190 2012 Budget Ordinance-11 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department Subtotal, Police $152,090 Streets 001.41.41000.83625 Workstation Replacement $10,500 001.41.41000.83635 Equipment Maintenance and Repair $152,040 001.41.41000.83655 PC Replacement $9,570 Subtotal,Streets $172,110 Special Events 001.70.71000.83625 Workstation Replacement $3,030 001.70.71000.83655 PC Replacement $1,320 Subtotal,Special Events $4,350 Recreation 001.71.71000.83625 Workstation Replacement $7,000 001.71.71000.83655 PC Replacement $4,380 001.71.71000.84133 Max Marolt Scholarship $2,330 Subtotal, Recreation $13,710 Aspen Recreation Center 001.72.72000.83625 Workstation Replacement $5,670 001.72.72000.83655 PC Replacement $2,450 001.72.72700.83625 Workstation Replacement $320 001.72.72700.83655 PC Replacement $4,080 Subtotal,Aspen Recreation Center $12,520 Ice Garden 001.74.74000.83625 Workstation Replacement $6,920 001.74.74000.83655 PC Replacement $10,940 Subtotal,Aspen Ice Garden $17,860 Asset Management 001.91.05000.83625 Workstation Replacement $8,660 001.91.05000.83655 PC Replacement $12,050 Subtotal,Asset Management $20,710 Subtotal,General Fund $870,800 Parks and Open Space 100.55.55000.83625 Workstation Replacement $2,520 100.55.55000.83655 PC Replacement $2,780 100.56.94114 Smuggler Mountain Open Space Management $17,550 100.56.83044 Trailers $3,370 100.56.81164 Mountain Pine Beetle $2,320 100.94.82099 Smuggler Mountain Reclaim And Restore $73,990 100.94.94169 Cozy Point Brush Creek Restoration Project $45,000 100.94.81155 Deer Hill Interpretation Trail $32,760 100.94.94055 Newbury Park Wall Replacement $25,000 100.94.94195 Copier Parks Department $10,000 100.94.94089 Marolt Nordic Trail Improvements $9,120 100.94.94197 Computer Peripherals-City $4,500 100.94.94159 Phone System(City) $2,530 100.94.94185 Fleet Parks Department $1,990 100.94.94438 Rio Grande Park Improvements $820 Subtotal,Parks and Open Space Fund $234,250 Wheeler Opera House 120.93.93000.83625 Workstation Replacement $7,940 120.93.93000.83635 Equipment Maintenance and Repair $14,190 120.93.93000.83655 PC Replacement $26,890 2012 Budget Ordinance-12 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department Subtotal,Wheeler Opera House Fund $49,020 Transportation Fund 141.34.34000.83625 Workstation Replacement $15,250 141.34.34000.83635 Equipment Maintenance and Repair $64,620 141.34.34000.83655 PC Replacement $12,150 141.94.94129 Shuttle Replacement $133,900 141.94.94648 AVL/CAD Local Transit Fleet Improvements $67,130 141.94.94403 Battery Replacement $42,400 141.94.83055 Ruby Park Facility Improvements $22,700 141.94.83005-C Fleet $10,580 141.94.94127 Rubey Park Repair And Maintenance $10,000 141.94.94197 Computer Peripherals-City $1,500 141.94.94159 Phone System(City) $510 Subtotal,Transportation Fund $380,740 Housing Development 360 150.23.23000.83625 Workstation Replacement $$$360 150.23.23000.83655 PC Replacement $29,640 150.23.23010 Centennial Investigation 150.67.23700 Design-Burlingame Phase II $1,310,660 150.94.94351 802 Main And 517 Park Circle $495,740 150.23.23150 Burlingame Delivery SF Lot Subsidies $402,590 150.23.23121 Housing-Burlingame All $105,340 150.94.94353 BMC West $16,390 Subtotal,Housing Development Fund $2,362,180 Kids First Fund $6,120 152.24,24000.83625 Workstation Replacement $3,750 152.24.24000.83655 PC Replacement $$3,750 152.26.26100.84729 Temple Hoyne Buell Foundation Grant Funding $16,500 152.24.24100.82911 Aspen Valley Medical Foundation Grant Funding 152.24.24100.82999 Training and Education for Childcare Programs,Kids First Staff and Board $10,000 152.24.24100.81999 Training and Education for Childcare Programs,Kids First Staff and Board $1,500 152.94.94197.86001 Computer Peripherals-City Subtotal,Kids First Fund $87,870 Stormwater Fund 540 160.42.16300.83625 Workstation Replacement 17$$540 160.94.94112 Stormwater Master Plan-Smuggler and Hunter Creek $130,000 160.94.94115 Francis Street Stormwater Improvements 160.94.94120 Mud Flow Study $125,000 160.94.94113 Stormwater Master Planning $100,000 160.94.81115 Rio Grande Design Project $45,450 160.94.94409 Recycle Center-Stormwater $6,000 160.94.81116 Drainage Criteria Manual Project $1,220 Subtotal,Stormwater Fund $583,210 Water Utility Fund $11,680 421.43.43000.83625 Workstation Replacement $6,840 421.43.43000.83635 Equipment Maintenance and Repair $531,260 421.94.44408 Reclamation Project $400,000 421.94.44605 Iselin/Tiehack Waterline Across Maroon $345,000 421.94.44614 AABC Tie In $205,030 421.94.44105 Administration Building $131,440 421.94.94149 Workgroup Applications(City) 2012 Budget Ordinance-13 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department 421.94.93958 Ute Avenue Steel Line Replacement $65,000 421.94.94441 Thomas Reservoir Spillway $57,100 421.94.83005-0 Fleet $33,500 421.94.94022 Site Improvement-Security And Access 2 $28,480 421.94.94373 Leonard Thomas Reservoir Safety Of Dams $11,960 421.94.94378 Utility Business Plan 2011 $10,000 421.94.94369 Site Improvements/Security And Access $9,170 421.94.94197 Computer Peripherals-City $6,000 421.94.94159 Phone System(City) $3,450 Subtotal,Water Utility Fund $1,855,910 Electric Utility Fund 431.45.45000.83625 Workstation Replacement $80 431.45.45000.83655 PC Replacement $60 431.94.94182 Second Feed $167,460 431.94.46207 ARC Distribution System $83,750 431.94.93904 Plug-In Hybrid Program $40,000 431.94.46203 Golf Course East Distribution System $11,630 431.94.94168 Work Equipment-Electric Acquisitions $10,000 431.94.94175 Electric Admin Building Bi-Annual Maintenance $7,420 431.94.94176 Electric Admin Building Exterior Wall $7,400 431.94.94238 Ridgway Hydroelectric Facility $4,530 431.94.94197 Computer Peripherals-City $800 431.94.94159 Phone System (City) $510 431.94.43504 Ruedi Maintenance-Previously in the Renewable Energy Fund $173,160 431.94.43576 Geothermal Project-Previously in the Renewable Energy Fund $43,610 431.94.94215 Castle Creek Micro Turbine-Previously in the Renewable Energy Fund $20,000 Subtotal,Electric Utility Fund $570,410 Renewable Energy 444.94.43573 Castle Creek Hydro-Construction $1,021,200 444.94.43571 Castle Creek Hydro-Penstock $248,050 444.94.94429 CCEC Project Support Services $38,250 Subtotal,Renewable Energy Fund $1,307,500 Parking Fund 451.32.32000.83625 Workstation Replacement $20,810 451.32.32000.83655 PC Replacement $20,780 451.32.54000.83635 Equipment Maintenance and Repair $68,950 451.94.81153 Plaza Replacement $72,280 451.94.94318 Parking Kiosk $45,000 451.94.94197 Computer Peripherals-City $4,500 451.94.94159 Phone System (City) $1,730 Subtotal,Parking Fund $234,050 Golf Course Fund 471.73.73000.83625 Workstation Replacement $500 471.73.73000.83655 PC Replacement $4,440 471.94.94149 Workgroup Applications(City) $1,900 471.94.94197 Computer Peripherals-City $1,500 471.94.94159 Phone System(City) $800 Subtotal,Golf Course Fund $9,140 Truscott Housing Fund 491.01.45044.83625 Workstation Replacement $6,480 491.01.45044.83635 Equipment Maintenance and Repair $4,980 2012 Budget Ordinance-14 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department 491.01.45044.83655 PC Replacement $5,970 491.94.94221 Truscott Cement Stair Renovations $200,000 491.94.94393 Truscott Housing Site Improvements 2A $168,980 491.94.94381 Truscott Unit Renovations $42,380 491.94.94219 Truscott 100 Deck Support $30,000 491.94.81145 Truscott Master Plan $26,640 491.94.82113 Trash Compactor $25,900 491.94.94225 Truscott Laundry Hot Water Heater Replacement $15,000 491.94.94224 Truscott Playground Equipment Replacement $12,000 491.94.94220 Truscott 400-1000 Plumbing Repairs $10,000 491.94.94392 Truscott Building Repairs/Upgrades $7,030 491.94.82112 Appliance Replacement $6,520 491.94.94391 Truscott Parking Software/Equipment $3,500 Subtotal,Truscott Housing Fund $565,380 Marolt Housing Fund 492.01.45043.83625 Workstation Replacement $1,990 492.01.45043.83655 PC Replacement $3,710 492.94.94384 Marolt Roof Replacement $50,080 Subtotal,Marolt Housing Fund $55,780 Employee Housing 505.94.94413 Water Place Emergency Response Building Renovations $181,560 505.94.94006 Capital Emergency/Contingency Budget $14,010 505.94.82132 Water Place Furnace $12,190 505.94.81191 Radon Remediation $3,110 505.94.94000 City Employee Housing Roof Repair-Rent $3,100 505.94.93998 City Employee Housing Roof Repair-Own $1,310 505.94.81132 Marolt House Renovation $650 Subtotal,Employee Housing Fund $215,930 Information 510.60.60000.83625 Workstation Replacement $5,010 510.60.60000.83655 PC Replacement $3,500 510.61.61000.83625 Workstation Replacement $14,260 510.61.61000.83655 PC Replacement $6,270 510.94.94108 IT Closet Upgrade(City) $153,580 510.94.94147 Network Services(City) $58,030 510.94.94281 Data Archival And Backup(City) $55,000 510.94.94282 Data Archival/Backup(County 100%Reimbursable) $55,000 510.94.94157 Core Network(County 100%Reimbursable) $53,230 510.94.94148 Network Services(County 100%Reimbursable) $52,870 510.94.94143 Website Development(County 100%Reimbursable) $38,450 510.94.94139 Website Development(City) $35,580 510.94.94160 Phone System(County 100%Reimbursable) $25,000 510.94.61000 Information System Administration-Transfer-Capital Projects $622,210 Subtotal,Information Technology Fund $1,177,990 Housing 620.23.45002.83625 Workstation Replacement $10,320 620.23.45002.83655 PC Replacement $2,960 620.23.45044.82999 Capital Reserve Study $77,360 620.94.94197.86001 Computer Peripherals-City $3,000 620.94.94159.86001 Phone System(City) $1,920 Subtotal,Housing Administration Fund $95,560 2012 Budget Ordinance-15 City of Aspen All Requests are One Time ATTACHMENT D 2012 Supplemental Budget 100%Carry Forward Appropriation Request Subtotal by Department/Fund Description Amount Department Asset Management 000.90.82076 City Sidewalk-Ada-Improvements $433,140 000.15.94077 Mill Street Pedestrian Improvements $388,630 000.15.94118 Gondola Plaza Pedestrian Crossings $283,230 000.13.94379 Community Development-Permitting Software $275,000 000.41.83005 Fleet $238,300 000.15.94075 2010 Curb And Gutter Replacement $176,130 000.41.93913 Street Improvement Project $133,020 000.41.93915 Street Improvement Project 2011 $130,790 000.15.94111 Main St Alternative Material Crosswalk $93,080 000.61.94156 Core Network(City) $69,040 000.72.94187 Waste Heat Recovery-McKinstry $54,100 000.15.94341 Gibson Ave Sidewalk Installation $52,000 000.25.94013 Teom(Air Quality)and Enclosure $51,000 000.61.94197 Computer Peripherals-City $50,650 000.15.94061 Park Ave/Midland Ave Pedestrian Improve $49,000 000.15.94420 Curb/Gutter Replacement 2011 $48,390 000.90.94341 Gibson Ave Sidewalk Installation $42,140 000.72.93936 Snow Louver Installation $40,000 000,15.94419 Bridge Repair/Maintenance 2011 $38,400 000.91.93990 Rio Grande Soffit Repair $34,610 000.15.94052 Spring Street Improvements $31,000 000.74.94119 Compressor Replacement $30,700 000.15.94082 Comprehensive Transportation Plan $30,390 000.61.94158 Public Safety Mobile Data(City) $28,250 000,91.93993 Rio Grande Remodel $26,890 000.74.94297 Sound System $25,000 000.72.81126 Garage Door $23,000 000.61.94149 Workgroup Applications(City) $20,590 000.15.94340 Ruby Park Repairs $20,000 000.74.93978 Renovations-AIG $19,340 000.72.81118 ARC Switch To City Electric $19,120 000.15.83075 Bridge Replacement Program $18,730 000.74.94283 Facility Exterior Maintenance $15,000 000.31.94401 Police Sidearm Replacement $13,000 000.61.94159 Phone System(City) $10,580 000.15.94102 Bridge Maintenance $10,000 000.71.93953 Climbing Wall Maintenance $10,000 000.71.93951 Gymnastics Mats $8,320 000.07.82134 Scanner For Optical Imaging System $6,500 000.72.94494 ARC Roof Extension $3,900 000.72.72106 Building Controls $3,690 000.25.93911 Rio Grande Recycle Center Pavement $1,200 Subtotal,Asset Management Plan Fund $3,055,850 Total 100%Carry forward Supplemental Requests $13,711,570 2012 Budget Ordinance-16 City Of Aspen Attachment E 2012 Technical Adjustments Department/Fund Technical Adjustment Description Amount Subtotal General Fund Transfer to the Golf Course for the purchase of the golf $339,200 carts and lease equipment.See memo for additional details. Agenda Management Software project funded from $40,160 $12,160 the Clerk's Departmental savings and$28,000 from Central Savings. Funding expanded service in the Downtown Core for the $38,400 summer in the Parks and Open Space Fund. This request will greatly enhance the experience for visitors and residents.This request is for 3 seasonal positions and materials for the summer months. This request is funded from the General Fund central savings account. See memo for additional details. Special Events created a Back Country Race in 2011. This $30,000 event was approved as an going event. The 2012 budget currently does not reflect this. This corrects this oversight. Subtotal,General Fund $447,760 Wheeler Opera House Fund $5,140 120.93.93000.88901 Transfer to Central Savings Subtotal,Wheeler Opera House Fund $5,140 Transportation Fund $2,250 141.34.34000.88901 Transfer to Central Savings 141.95.00000.95001 Temporary reduction transfer to the General Fund for the ($16,240) use tax position,reduction to 32 hours a week in 2012. Subtotal,Transportation Fund ($13,990) Kids First Fund 152.24.24000.88901 Transfer to Central Savings $340 Subtotal,Kids First Fund $340 Stormwater Fund 160.42.16300.88901 Transfer to Central Savings $4,590 Subtotal,Stormwater Fund $4,590 Water Fund 421.43.43000.88901 Transfer to Central Savings $16,780 Subtotal,Water Fund $16,780 Renewable Energy Fund 444.95.00000.95431 In 2012,moving all remaining capital projects from the $461,090 Renewable Energy Fund to the Electric Fund,except for the Castle Creek Energy Center. This entry transfers the 2011 ending fund balance created from operational savings and capital projects to the Electric Fund. Subtotal,Renewable Energy Fund $461,090 Parking Fund 451.32.32000.88901 Transfer to Central Savings $1,970 Subtotal,Parking Fund $1,970 Golf Course Fund $950 471.73.73000.88901 Transfer to Central Savings Subtotal,Golf Course Fund $950 Information Technology Fund $6,840 510.61.61000.88901 Transfer to Central Savings Subtotal,Information Technology Fund $6,840 Total Technical Adjustment All Funds: $931,470 2012 Budget Ordinance-17 Attachment F 2012 INTERFUND TRANSFERS Transfer From Transfer To Transfer Amount Purpose of interfund Transfer 000-Asset Management Plan Fund Parking Fund $150,000 Joint Project-Galena Plaza Redevelopment Debt Service Fund $93,200 Series 2005-STRR-AMP's Portion Wheeler Opera House Fund $88,500 Red Brick West End Project 10 Yr IF Loan Subtotal,Transfers $331,700 001-General Fund Information Technology Fund $908,600 IT Overhead Payment Employee Housing Fund $541,000 City of Aspen Affordable Housing Golf Course Fund $339,200 Golf Carts and Equipment Parks and Open Space Fund $62,400 Partial Subsidy of Food Tax Refund Asset Management Fund $40,160 Agenda Management Software Parks and Open Space Fund $38,400 Expanded Downtown Core Services Subtotal,Transfers $1,929,760 100-Parks and Open Space Fund Debt Service Fund $950,600 Series 2005-STRR-Park's Portion General Fund $925,000 Overhead Payment Debt Service Fund $833,400 Parks 2005 Open Space Bonds Debt Service Fund $818,400 2009 Sales Tax Revenue Bonds(Refunding'01) Debt Service Fund $318,000 New$3.8MM Debt-Proposed Issue in 2012 Golf Course Fund $225,000 Pump House Project Golf Course Fund $152,000 Series 2005-STRR-Golf's Portion Employee Housing Fund $137,000 City of Aspen Affordable Housing Information Technology Fund $116,000 IT Overhead Payment Subtotal,Transfers $4,475,400 120-Wheeler Opera House Fund General Fund $320,000 Overhead Payment Employee Housing Fund $76,000 City of Aspen Affordable Housing Information Technology Fund $74,500 IT Overhead Payment General Fund $5,140 Central Savings Subtotal,Transfers $475,640 141-Transportation Fund General Fund $211,000 Overhead Payment General Fund $80,860 Use Tax Positions Information Technology Fund $24,500 IT Overhead Payment Employee Housing Fund $20,000 City of Aspen Affordable Housing Parks and Open Space Fund $7,200 Percentage of Food Tax Refund General Fund $2,250 Central Savings Subtotal,Transfers $345,810 150-Housing Development Fund Truscott Housing Fund $705,600 Truscott I,2001 Housing Bonds Subsidy General Fund $405,000 Overhead Payment Housing Administration Fund $189,000 Operations Subsidy(50%of total) Parks and Open Space Fund $9,700 Percentage of Food Tax Refund Information Technology Fund $5,000 IT Overhead Payment Subtotal,Transfers $1,314,300 152-Kids First Fund General Fund $129,000 Overhead Payment Employee Housing Fund $35,000 City of Aspen Affordable Housing Information Technology Fund $26,900 IT Overhead Payment Parks and Open Space Fund $11,900 Percentage of Food Tax Refund General Fund $340 Central Savings Subtotal,Transfers $203,140 160-Stormwater Fund Parks and Open Space Capital Fund $250,000 Joint Project-Stormwater Ponds Parking Fund $250,000 Joint Project-Galena Plaza Redevelopment General Fund $141,000 Overhead Payment Employee Housing Fund $20,000 City of Aspen Affordable Housing Information Technology Fund $4,800 IT Overhead Payment General Fund $4,590 Central Savings Subtotal,Transfers $670,390 421-Water Utility Fund General Fund $1,000,000 Operations Facilities Land General Fund $583,000 Overhead Payment Parks and Open Space fund $150,000 Water Usage Conservation Program Information Technology Fund $149,000 IT Overhead Payment 2012 Budget Ordinance-18 Attachment F 2012 INTERFUND TRANSFERS Transfer From Transfer To Transfer Amount Purpose of interfund Transfer Employee Housing Fund $136,000 City of Aspen Affordable Housing Parks and Open Space Fund $73,000 Raw Water Ditch Management Parking Fund $50,000 Joint Project-Galena Plaza Redevelopment Renewable Energy Fund $26,700 Raw Water and Drainline/Penstock Projects General Fund $16,780 Central Savings Subtotal,Transfers $2,184,980 431-Electric Utility Fund General Fund $298,000 Overhead Payment General Fund $276,000 Franchise Fee Water Utility Fund $190,000 Electric Utility portion of Utility Billing Services Water Utility Fund $162,000 1/2 of Global Warming Program Parking Fund $75,000 Joint Project-Galena Plaza Redevelopment Employee Housing Fund $30,000 City of Aspen Affordable Housing Information Technology Fund $14,600 IT Overhead Payment Subtotal,Transfers $1,045,600 449-Renewable Energy Fund Electric Utility Fund $461,090 Capital Projects and Operational Savings Employee Housing Fund $11,000 City of Aspen Affordable Housing Subtotal,Transfers $472,090 451-Parking Fund General Fund $369,000 Overhead Payment Information Technology Fund $68,600 IT Overhead Payment Employee Housing Fund $66,000 City of Aspen Affordable Housing General Fund $1,970 Central Savings Subtotal,Transfers $505,570 471-Golf Course Fund General Fund $182,000 Overhead Payment Information Technology Fund $35,500 IT Overhead Payment Employee Housing Fund $23,000 City of Aspen Affordable Housing Parks and Open Space Fund $13,100 Repayment of Golf Start Up Funding-IF loan General Fund $950 Central Savings Subtotal,Transfers $254,550 491-Truscott Housing Fund General Fund $54,000 Overhead Payment Housing Administration Fund $52,100 Overhead Payment Employee Housing Fund $12,000 City of Aspen Affordable Housing Subtotal,Transfers $118,100 492-Marolt Housing Fund General Fund $51,000 Overhead Payment Housing Administration Fund $38,800 Overhead Payment Employee Housing Fund $5,000 City of Aspen Affordable Housing Information Technology Fund $4,500 IT Overhead Payment Subtotal,Transfers $99,300 501-Health Insurance Fund Employee Health Insurance Fund $3,725,310 Employee Health Insurance Premiums Subtotal,Transfers $3,725,310 510-Information Technology Fund Funds $1,012,010 Capital Projects-Double Budgeted General Fund $281,000 Overhead Payment Employee Housing Fund $66,000 City of Aspen Affordable Housing General Fund $6,840 Central Savings Subtotal,Transfers $1,365,850 620-Housing Administration Fund General Fund $78,000 Overhead Payment Employee Housing Fund $52,400 IT Overhead Payment Subtotal,Transfers $130,400 622-Smuggler Housing Fund General Fund $9,000 Overhead Payment Housing Administration Fund $2,400 Overhead Payment Subtotal,Transfers $11,400 2012 TOTAL INTERFUND TRANSFERS $19,658,790 2012 Budget Ordinance-19 City of Aspen Departmental Memos 1St Reading of Supplemental Budget Ordinance 2012 Budget Ordinance-20 MEMORANDUM TO: Mayor Ireland and City Council COPY: Finance Department FROM: Chris Bendon, Community Development Director Johannah Richards, Community Development Administrative Manager Stephen Kanipe, Chief Building Official RE: 2012 Supplemental Requests DATE: March 8,2012 REQUEST OF COUNCIL: Staff is requesting the following budget items for the 2012 budget year: Planning Department: • $810 / Deep Powder Cabins Historic Preservation/Outreach - The Planning Department requests to carry-forward the funds from the sale of the Deep Powder cabins to use for outreach and education projects. This money will be combined with already dedicated historic preservation funds from State Income Tax Credit reviews, and grant funds, which we hope to use to produce new website information or other information that is easily available to the public. • $126,320 / AACP - The carry-forward is being requested for the implementation of the Aspen Area Community Plan, including land use code amendments, studies, and other work as may be approved by City Council. Building Department: • $48,900/Consultant Plan Review -The Building Department requests total $48,895.12. $37,536.12 is for contract plan review services for the Hospital project. This request was funded by the applicant through plan check fees received. $11,359.00 is for contract plan review services for the second revision of the 625 East Main project. This request was funded by the applicant through plan check fees in 2011. The contract plan services were need to maintain reasonable customer service expectation levels during an increase in building permit activity complicated by staffing reductions, a plan reviewer retirement and budget funding decisions. • $6,300 / Plans Examiner Hour Increase - The Building Department requests $6,300 to increase the current 32 hours per week plans examiner to 40 hours per week. Moving this position to 40 hours is necessary to backfill time diverted from the plan review function to Community Development management team administrative assignments, and to address expected upcoming reviews. Documentation supporting this request demonstrates that the additional hours are needed to maintain customer service level expectations. Page 1 of 1 2012 Budget Ordinance-21 MEMORANDUM TO: Mayor and Council FROM : Scott Chism, Parks Planner Stephen Elisperman, Director of Parks and Open Space THROUGH: Jeff Woods, Manager Parks and Recreation Scott Miller, Capital Asset Director CC: Tricia Aragon, City Engineer April Long, Stormwater Manager CJ Oliver, Environmental Health Director Jim True, City Attorney DATE OF MEMO: March 23, 2012 MEETING DATE: March 27, 2012 RE: Phase 2 Rio Grande Park Improvement Project SUMMARY: At this time we are requesting you to approve Phase 2 of environmental enhancements to the Rio Grande Park including stormwater ponds, constructed wetlands, trail reconfiguration, development of a proposed public restroom building and non-potable water irrigation pump station. This request includes $1.175 million in funding for Phase 2 Rio Grande Park improvements as outlined in this memorandum. The proposed comprehensive budget will enable all Phase 2 environmental enhancements to be developed at Rio Grande Park. The project team led by the Parks Department to develop the Phase 2 environmental enhancements includes staff from the Asset, Engineering, Environmental Health, and Water Departments as well as prominent consulting civil engineers and architects. The comprehensive $1.175 million Phase 2 environmental enhancements budget was established from a detailed cost estimate collaboratively developed by the project team. PREVIOUS COUNCIL ACTION The last Council Action specific to Rio Grande Park occurred on January 9, 2012, when Council approved a permanent lobby structure for the Theatre Aspen and approved a one (1) year evaluation period to retain the Theatre Aspen tent framing erected on site with siding after the 2012 summer season. Theatre Aspen will return to City Council in the spring of 2013 to review the test period and finalize their planning review as it relates to the tent framing. City Council has approved the 2012 budget, which includes the 2012 Parks Bond to fund portions of the comprehensive project budget. City Council provided authorization to proceed with a phased environmental enhancement/storm water improvement plan for the park at a February 22, 2011 work session. During that work session City Council directed staff to develop an improved long term solution to the storm water ponds at Rio Grande Park that would complement the John Denver Sanctuary and planned 'Theatre Aspen tent improvements. City Council also reviewed proposed storm water improvements to Rio Grande Park at a July 7, 2003 work session and May 4, 2004 work session. During both work sessions, City Council determined that Page 1 of 6 2012 Budget Ordinance-22 the development of stormwater environmental improvements at Rio Grande Park and Jennie Adair Wetlands were worthwhile to pursue. BACKGROUND: The City of Aspen has made a strong commitment to environmental initiatives, including managing stormwater. City Council has directed staff to implement long-term solutions to ensure that the community is responsible for clean stormwater discharge into the Roaring Fork Watershed. An equally important goal has been to enhance the ecological integrity of areas where stormwater improvements are proposed. Stormwater from the central core of the city and Aspen Mountain currently discharges into the Roaring Fork River from three major drainages. One of the three drainages (`East Drainage') flows from the street gutters and into Rio Grande Park near the Rio Grande Recycle Center before reaching the river. Another of the three drainages (`Central Drainage') flows under Mill Street to directly discharge into the river. The third major drainage ('West Drainage') flows into the Jennie Adair Wetlands to allow for water quality enhancement and flood control before discharging into the river. A major outcome goal for Rio Grande Park is the improvement of pedestrian access to the river and overall improvement to the pedestrian experience throughout the park. Staff at the Parks Department and Engineering Department led a park and stormwater master planning effort that occurred in 2003- 2004 to plan for future integrated storm water infrastructure into the greater Rio Grande Park environment and nearby Jennie Adair Wetlands/Stormwater Project. That planning effort led to numerous exciting design innovations that had development potential in Rio Grande Park and were implemented at the Jennie Adair Wetlands in 2006. Funding for the scale of park and stormwater improvements envisioned in 2004-2006 at Rio Grande Park has not been available. Smaller scale incremental funding has provided a storm water `interceptor vault' installation at the Rio Grande Recycle Center in 2005 and a renovation of the recycle center itself in 2010. That incremental funding approach allowed Phase 1 environmental enhancements to Rio Grande Park to be initiated in early spring 2011 following Council direction. Phase 2 environmental enhancements to Rio Grande Park are proposed to begin in mid summer 2012, following the scheduled early July 2012 completion of Phase I enhancements. DISCUSSION: Rio Grande Park is a truly special park within the greater Aspen parks and open space system. It is one of the largest open green spaces within city limits along the Roaring Fork River and is the location for a wide variety of passive and active recreational opportunities. Much of the recreational use of Rio Grande Park is already programmed: Primary uses include a rugby/soccer field that exists in the southwest corner of the park, the popular skateboard park in the southeast corner of the park, and the spiritual John Denver Sanctuary area in the northern region of the park. Theatre Aspen utilizes a central space in the park for the purposes of summer theatre performances. The Rio Grande Recycle Center is also located within the limits of Rio Grande Park (Attachment A,Park Use Diagram). With redevelopment of the Theatre Aspen site in 2011, the vision of enhanced park beauty and storm water improvements at Rio Grande Park will be completed in summer 2012. This vision is being accomplished in a phased manner and includes the following primary design elements that will ultimately improve habitat value, recreational value and park beauty: Page 2 of 6 2012 Budget Ordinance-23 John Denver Sanctuary Enhancement: The John Denver Sanctuary officially became a `Specially Designated Space' by public vote in 2001, which protects and solidifies the sanctuary's passive park characteristics. The design and intent for the John Denver Sanctuary includes the Theatre Aspen Tent as an important component to the space, restoration of wetlands and habitat enhancements, improvements to storm water quality systems, and creation of extensive perennial flower gardens, all of which are consistent with the original design of the Sanctuary that was connected to John Denver's legacy(Attachment B). The proposed perennial flower gardens will be significantly larger in scale than any other public park within the Aspen parks network. The gardens are intended to elevate the local, national and international visitor draw to the sanctuary area and Aspen. A potential comparison of scale would be the Betty Ford Alpine Gardens, located in Vail. Phase 1 & Phase 2 Stormwater Conveyance: Both phases of proposed improvements will have a similar design character to what was created at the Jennie Adair Wetlands. The new sequence of stormwater wetland ponds will capture, cleanse and highlight storm water within the park from both the `East Drainage' and `Central Drainage' before it reaches the Roaring Fork River. (Attachment A-1, Storm Water Flow Diagram, Attachment C, Park Site Plan). Phase I improvements are scheduled to be completed by early July 2012 and Phase 2 improvements are scheduled to be completed by early June 2013, with the majority of Phase 2 improvements complete by fall 2012. Specific elements that are being integrated for stormwater improvements include diverse wetlands, a sand infiltration system similar to a river `bench', biofiltration swales, water quality finishing ponds, drop structures made of natural materials and a pre-sedimentation treatment vault. These stormwater practices are the cutting edge of the industry that will provide both water quality improvements with an enhanced park experience and also serve as a showcase of stormwater treatment options to be admired and replicated by other mountain resort communities. Public Restroom: The Phase 2 park improvements include a proposed public restroom sited in a park-central location. (Attachment D) The restroom's proposed central location provides restroom access for all of the active, passive, trail and theatre users in the park. Staff has been working with the consulting architects, Charles Cunniffe Architects, to develop a cost effective restroom building design that promotes the City's sustainable design initiatives and meets the public need for a restroom facility within the park that serves the wide range of park and trail uses. The previously established partnership between the City and Theatre Aspen continues with a financial commitment of $100,000 from Theatre Aspen to partially fund the construction of the proposed restroom building. Significant design features of the restroom will include the integration of a compostable toilet system, reuse of river cobble in a gabion exterior wall cladding system, natural daylighting for all interior spaces, occupancy sensors controlling ventilation and lighting systems, a solar hot water system and potentially a ground source heat pump system. Trail Relocation: The existing condition of the Rio Grande Trail through the park is poor with multiple sections of cracked and damaged concrete. A realignment/reconstruction of the concrete trail is proposed in the vicinity of the Phase 2 park enhancements to allow an optimum sequence of tiered storm water ponds and wetlands through the park to the river. The realigned trail will allow visitors to have direct visual and physical interaction with the flow of water and associated Page 3 of 6 2012 Budget Ordinance-24 vegetation through the park. That interaction is promoted within the design with the inclusion of two (2) new pedestrian bridges that are sited to allow observation of water cascades and sequence of ponds. The realigned trail also provides a one-way vehicular loop from Rio Grande Place to North Mill Street for fire truck, garbage truck and park service access to the proposed restroom building and Theatre Aspen tent. Non-Potable Irrigation Water System: Working together with the Water Department staff, another environmental initiative proposed as part of the Phase 2 park improvements is the development of a 100% non-potable irrigation water system for Rio Grande Park. Currently, the 3.6 acre field area is irrigated with potable water, comprising a majority of the water volume use at the 8.2 acre park. Implementing a non-potable irrigation water system for the park will require a large vertical pump system and filter infrastructure housed in a `pumphouse' structure, all of which do not currently exist in the park. Irrigation water will be sourced from one of the lower, cleaner stormwater ponds. The change to an exclusive non-potable water system for Rio Grande Park was not presented to City Council in early 2011 as part of the proposed Phase 2 environmental enhancements. An additional cost of$225,000 to the comprehensive budget is associated with the proposed change to non-potable irrigation. The positive environmental influences to water quality, wildlife habitat, and improvements to the John Denver Sanctuary and Rio Grande Park align this phased project development with the multiple stated environmental goals of the overall community and City Council's goals related to environmental stewardship. Projects that have been completed with these same goals such as the Maroon Creek Wetlands and the Jennie Adair Wetlands/Stormwater Project have been successful in achieving the same goals stated and have made the community a model for these stewardship activities. Staff have developed a plan (refer Attachment C, Park Site Plan) that will meet the goal of improving pedestrian access to the river, increase passive recreational opportunities, and significantly improve the function and aesthetics of stormwater conveyance of the `East Drainage' and `Central Drainage' through Rio Grande Park. FINANCIAL IMPLICATIONS: The 2012 Parks and Open Space budget, approved by Council in November 2011, includes a bond financing initiative (2012 Parks Bond) designed to accomplish multiple priority Capital projects the City Council identified. This Rio Grande Park project was one of those priority Capital projects for 2012. At the time in fall 2011, funding needs for the project equaled $950,000, including a public restroom facility. $950,000 was approved and appropriated as part of the 2012 Parks Bond financing package. Since that time, the important non-potable irrigation pump system desired as an environmental enhancement for significant potable water use savings has been developed further. Pending Council approval, this non-potable irrigation pump system will require an additional cost of$225,000 to the comprehensive project budget and has been added to the 2012 Parks Bond. With the non-potable irrigation pump system, the proposed project budget is $1.175 million to be funded in the following financial breakdown: Page 4 of 6 2012 Budget Ordinance-25 Rio Grande Park Phase 2 Site Development • 2012 Parks Bond-Parks and Open Space Fund (100 Fund) = $500,000 • 2012 Parks Bond irrigation add-Parks and Open Space Fund (100 Fund)= $225,000 • 2012 appropriations-Rio Grande Restroom (100 Fund) = $200,000 (includes $100,000 contribution from Theatre Aspen) • 2012 appropriations-Stormwater Fund (160 Fund)= $250,000 • Total Rio Grande Park Phase 2 Development Budget = $1,175,000 The proposed comprehensive budget will enable all Phase 2 environmental enhancements to be developed at Rio Grande Park, which has been coordinated with the Capital Asset Director and includes a $75,000 contingency. Staff is also in the process of pursuing various grants from CORE, State of Colorado and Federal clean water programs to potentially offset the City's expenditures on this project. Potential grants could potentially bring up to $50,000 in additional funding to the project. ENVIRONMENTAL IMPLICATIONS: The environmental implications of this project are significant. The development of this project will have multiple environmental benefits including: • Significant cleansing of major amounts of storm water through the park; • Establishment and restoration of critical riparian and wetland habitat along an impacted section of the Roaring Fork River corridor; • Provision of storm water retention; • Important environmental education opportunities; • Provision of a proven compostable toilet system; • Utilization of recycled materials and high efficiency lighting/mechanical systems within proposed restroom building; Staff from the Environmental Health Department and City Attorney's office have reviewed the proposed concept of compostable toilets in Rio Grande Park. Development of a public restroom facility utilizing a compostable toilet system is possible with some language revision to City Ordinance Sec. 13.04.070, `On-site waste disposal systems', to allow this type of toilet system only in Parks and Open Space zoned areas. RECOMMENDATION: Staff suggests City Council recommendation for staff to proceed with proposed Phase 2 environmental enhancements to improve the configuration and function of stormwater ponds, develop public restroom building plans, reconfigure trail alignment and develop a comprehensive non-potable irrigation system at Rio Grande Park for 2012. ALTERNATIVES: City Council could choose not to provide direction to staff to proceed with proposed environmental enhancements and stormwater improvements at Rio Grande Park in 2012. City Council could also choose to selectively eliminate specific elements within the comprehensive proposed Phase 2 environmental enhancements scope of work. Some efficiencies of construction would likely be lost as the Theatre Aspen Tent Lobby construction project proceeds this spring relative to the proposed restroom building and improvement to the stormwater quality discharge into the river would not be realized to full potential. Page 5 of 6 2012 Budget Ordinance-26 CITY MANAGER COMMENTS: ATTACHMENTS: A. Rio Grande Park Use Diagram A-1 Rio Grande Park Storm Water Flow Diagram B. John Denver Sanctuary Design Plan July 1998 C. Rio Grande Park Site Plan, March 2012 D. Rio Grande Park Proposed Restroom Sketches (3) Page 6 of 6 2012 Budget Ordinance-27 MEMORANDUM TO: Mayor and City Council FROM: Tom Rubel,Parks Operations Superintendent THRU: Stephen Ellsperman,Parks and Open Space Director DATE OF MEMO: March 12, 2012 MEETING DATE: April 9, 2012 RE: Funding for additional seasonal positions and equipment for the Downtown Core REQUEST OF COUNCIL: The Park and Open Space Department is requesting $43,400 in supplemental funding for additional summer seasonal staff and materials to service an expanded area of the Downtown Core which will greatly enhance the experience for visitors and residents. These services include litter control, litter and recycle container maintenance. Also included in this request is $12,000 for a work cart for these positions. BACKGROUND: The Parks and Open Space Department currently maintains the Downtown Pedestrian Mall and the Rubey Park Bus Station. This is one of the most important venues in Aspen, visited by hundreds of visitors and citizens a day, decorated gardens in the summer, creating an enjoyable aesthetic experience for everyone. In order to ensure that visitors and residents fully enjoy their experience of Aspen, a higher level of service is required and needs to be expanded to include the Downtown Core area defined by the boundary of Main Street, Durant Avenue, Spring Street and Aspen Street. In order to meet this need, it requires additional staff, materials and equipment as outlined below. DISCUSSION: In analyzing the need for increased service levels in the Downtown Core, it was determined that three entry level summer seasonal positions and more maintenance materials are required (brooms, dustpans,janitorial supplies, etc.). A work cart is required to accommodate additional staff. FINANCIAL/BUDGET IMPACTS: The cost per summer seasonal employee is $12,800 plus $5,000 for miscellaneous materials for litter control for a total cost of$43,400. This is a onetime request funded from Central Savings in the General Fund. An additional onetime request of $12,000 for a work cart is included,to be replaced every 6 years and included in the Fleet Plan. This request is funded from the Parks and Open Space Fund. None of these amounts have been put in this year's budget. Page 1 of 2 2012 Budget Ordinance-28 ENVIRONMENTAL IMPACTS: Minimal environmental impact; an estimated increase in electrical usage of 2,000 kilowatt hours per year to charge new electric vehicles are projected. RECOMMENDED ACTION: Staff recommends increasing the budget to accommodate the new positions, materials and equipment needed to increase the maintenance service level for the downtown core. ALTERNATIVES: Continue with current level of service. Staff may receive occasional citizen concerns about litter. Enforce current littering codes and educate business mangers to keep their store front sidewalk and street curb areas clean like they are supposed to. PROPOSED MOTION: This should be a brief statement for a Council member to read such as "I move to approve Ordinance # . . ." CITY MANAGER COMMENTS: Page 2 of 2 2012 Budget Ordinance-29 MEMORANDUM TO: Mayor and City Council FROM: Stephen Ellsperman,Parks and Open Space Director THRU: Jeff Woods, Manager of Parks and Recreation MEMO DATE: March 12, 2012 MEETING DATE: April 9, 2012 RE: Seasonal Horticulturist Position Supplemental Funding Request REQUEST OF COUNCIL: The Parks and Open Space Department, responsible for design, planning, installation, and maintenance of a large system of gardens, floral displays, and perennial beds, is requesting supplemental funding to include the position of Horticulturist to the Department. The Parks and Open Space Department feels strongly that this is a critical position that has significant benefits to the community and is requesting $27,700 to fund this position. BACKGROUND: The system of floral displays, perennial beds, and gardens within the City of Aspen is designed, installed, and maintained by staff from the Parks and Open Space Department. These floral displays are an integral part of the summertime experience throughout our Parks and Downtown Pedestrian Mall. DISCUSSION: As much pride and effort that goes into the beautification of the City of Aspen with our current staff, the addition of a horticulturist is an extremely important opportunity to enhance the substance and quality of our horticultural resources. A qualified professional will increase our ability to plan, design and maintain dynamic floral displays, new perennial beds, and excellent garden spaces. This position requires scientific knowledge of the best plants and the best design and maintenance techniques that will make our gardens more interesting, more vibrant in color and quality, and longer lasting. The result will be a more integrated program that will take the planning and designing of our horticultural resources to a higher level. Multiple new gardens are in the planning process, such as the John Denver Gardens, that will be national examples of horticultural excellence and provide the citizen and visitor with a wonderful experience at the highest level. We feel that the horticultural resources for this project will be best served by a professional who is dedicated to the excellence and best management practices in all aspects of design through maintenance. New opportunities for expansion of our gardens can be addressed in a professional manner. Proper planning and carefully crafted design will decrease maintenance costs in the long term. Page 1 of 2 2012 Budget Ordinance-30 The public will benefit greatly from having a horticultural resource on staff for consultation and education on their gardening efforts. The City of Aspen and all its visitors rely on the public gardens, perennial beds and floral displays to be advanced in their form, function and aesthetics. A qualified horticulturist will ensure and enhance these resources. FINANCIALBUDGET IMPACTS: The cost for a seasonal horticulturist is $27,700. This includes all costs of the employee, as calculated by the Finance Department. This cost is not in the current budget and is a recurring request for funds in future years. ENVIRONMENTAL IMPACTS: A qualified horticulturist with scientific knowledge and expertise will greatly assist in a thoughtful planning process that includes environmentally sound practices. A professional will be able to design more efficient gardens utilizing drought resistant species of plants, using less water wherever possible, and will be easier to maintain at a higher level quality and beauty. The horticulturist will help reduce costs and examine more ways to be efficient and effective in planning, designing and purchase plant materials while addressing environmental impacts. ALTERNATIVES: Alternatives are to continue working as we have with existing staff and resources to plan, design and install gardens. These are not bad but are not meeting the full potential for the community. The investment in the position is well worth the expenditure for the level of professionalism and excellence that someone dedicated to these special resources can bring. CITY MANAGER COMMENTS: Page 2 of 2 2012 Budget Ordinance-31 MEMORANDUM TO: Mayor and City Council FROM: Brian Flynn, Open Space and Special Projects Manager Chris Forman, City Forester THRU: Stephen Ellsperman,Parks and Open Space Director DATE OF MEMO: March 12, 2012 MEETING DATE: April 9, 2012 RE: Supplemental funding request for a seasonal Arborist/Field Crew Supervisor position. REQUEST OF COUNCIL: The Parks Department is requesting$27,700 in supplemental funding for the purpose of hiring a certified arborist/field crew supervisor to manage, plan and complete the day to day field operations required to fulfill forest management plan objectives and maintain a healthy and safe community forest. BACKGROUND: The City of Aspen Parks Department is responsible for managing both the community forest and the surrounding natural forest within city limits. This consists of trees located within parks, along street right of ways, open spaces, private parcels and in native settings. Appropriate management planning and implementation is critical to accomplish the goal of maintaining a safe, fully stocked, healthy, dynamic, and aesthetically pleasing forest for the citizens and visitors of Aspen. A major part of this goal is accomplished through day to day field work involving tree trimming, removals, plantings, insect and disease identification, hazard tree inspections, citizen requests, education and enforcement of the City Tree Code. The field work is guided by the adopted management plan and administered by the City Forester. Certified arborists are individuals who have achieved a level of knowledge in the art and science of tree care through experience and by passing a comprehensive examination developed by some of the nation's leading experts on tree care. Certified arborists must also continue their education to maintain their certification and adhere to a Code of Ethics. Having a certified arborist in the field provides the knowledge base to comply with the accepted professional standards related to arboriculture practice including national standards and policies. DISCUSSION: The City of Aspen's Community Forest is constantly under pressure from natural factors, as well as the challenges presented by people and development. Every day, many entities strive to keep a sensible balance in this urban interface. Page 1 of 3 2012 Budget Ordinance-32 The City has recognized both the economical and socio-economical importance of a well maintained community forest. This has been solidified through the adoption of a City Tree Code and the City's Forest Management Plan. It is of the utmost importance that this huge commitment to the natural resources of our community be served by providing and implementing cutting edge and safe practices in arboriculture. This is what a certified arborist will bring to the day to day field operations within the City of Aspen. Our own adopted standards for tree work within the community demands compliance with the American National Standards Institute (ANSI) safety and pruning standards. With every pruning cut and every tree planted, there are myriad of these standards that will be assured compliance by the certified arborist code of ethics. The current programmatic demands of the City Forester do not provide the time needed to be a full time day to day tree trimming field crew leader. It is for this reason the seasonal position is being requested. The seasonal position will fill the current void of an experienced,certified arborist field crew leader creating program efficiencies that will increase productivity, decrease the need for contract labor, save money and accomplish the goals of the Forest Management Plan. FINANCIALBUDGET IMPACTS: The cost for a seasonal position is $27,700. The cost is not in the current budget and is a recurring request for funds in future years. Having a certified arborist on staff will ensure the necessary skills to accomplish more in house work, which will decrease the need to hire and work with contract services. The ability to accomplish this work in house at a lower cost will provide overall budget savings. In addition, this position will advance the potential use of existing City owned tools and equipment related to arboriculture. ENVIRONMENTAL IMPACTS: It is well known that trees have a number of positive effects on the surrounding area. Here in Aspen we are fortunate to have an extensive urban forest as well as the natural surrounding forested areas. In both cases, these trees contribute to our high quality of life in the following ways: • Our community forest stores 22.34 million pounds of CO2. It provides over$85,000 in benefits as it pertains to electricity and natural gas energy usage. It sequesters 1.06 million pounds of CO2 annually. The community forest also provides an annual storm water benefit of$13.81 per tree. In addition, our trees provide invaluable air quality benefits including the annual avoidance of 287 pounds of PM I O and 1,378 pounds of NO2. • Trees have historically increased property values as well as economic stability. A University of Washington study (Wolf, 1998) shows that consumers are willing to pay 11% more for goods in a landscaped business district than a non-landscaped district. This figure was as high as 50%for convenience goods. • In addition to the aesthetic benefit of our numerous street and right of way trees, they provide a hidden benefit. Trees lining the streets give the impression of narrowing the street, which encourages slower driving. • Our forest provides excellent habitat for a wide variety of wildlife. There are many areas in town that contain contiguous stretches of uneven-aged tree canopies, which represent Page 2 of 3 2012 Budget Ordinance-33 • the ideal habitat for a number of wildlife species that otherwise would not survive in an urban setting. RECOMMENDED ACTION: Approve the Park's Department request for $27,700 in supplemental funding for the purpose of hiring a certified arborist/field crew supervisor to manage, plan and complete the day to day field operations required to fulfill forest management plan objectives and maintain a healthy and safe community forest. ALTERNATIVES: The alternative is to continue with the current level of operations and staff will work within the existing budget to hire contracted services. CITY MANAGER COMMENTS: Page 3 of 3 t 2012 Budget Ordinance-34 MEMORANDUM TO: Mayor and City Council FROM: Tom Rubel,Parks Operations Superintendent THRU: Stephen Ellsperman,Parks and Open Space Director DATE OF MEMO: March 12,2012 MEETING DATE: April 9,2012 RE: Funding for temporary outfield fencing and pitching mound for Iselin/Rotary Fields REQUEST OF COUNCIL: The Parks and Open Space Department is requesting funding for temporary outfield fencing and portable pitching mound at Iselin and Rotary Fields. The cost for this equipment is $11,900. BACKGROUND: For baseball and softball players to be able to play on an enclosed regulation-type field, a fence system is required. Last year, we upgraded Iselin Field to a synthetic turf field. This year we plan to purchase temporary fencing and a portable pitching mound to be able to hold baseball games and softball tournaments. DISCUSSION: In order to play baseball games at Iselin field an outfield fence and pitching mound is required. This will dramatically enhance the recreational experience for all users. A temporary outfield fence at Rotary Field would allow the possibility of drawing softball tournaments to Aspen for additional revenues. Total cost for the new equipment is $1 1,900. FINANCIAL/BUDGET IMPACTS: The cost for fencing is $9,100, to be replaced every 8 years, and for a pitching mound is $2,800, to be replaced every five years,totaling $11,900. This amount has not been put in this year's budget. This is a one-time request for$11,900. Also, we are requesting an 8 year replacement cost of $17,000 for the fencing and a 5 year replacement cost of$3,000 for the pitching mound. ENVIRONMENTAL IMPACTS: Minimal environmental impact. Carbon footprint for shipping of equipment. RECOMMENDED ACTION: Staff recommends increasing the budget to accommodate the new equipment. Page 1 of 2 2012 Budget Ordinance-35 ALTERNATIVES: Phase purchase equipment within current budget. PROPOSED MOTION: This should be a brief statement for a Council member to read such as "I move to approve Ordinance # . . ." CITY MANAGER COMMENTS: ATTACHMENTS: Page 2 of 2 2012 Budget Ordinance-36 MEMORANDUM TO: Mayor and City Council FROM: John Krueger and Lynn Rumbaugh, Transportation THRU: Randy Ready, Assistant City Manager DATE OF MEMO: January 13, 2012 DATE OF MEETING: January 23, 2012 RE: Approval of Amended CMAQ Contract SUMMARY This memo requests that Council approve the acceptance of the attached resolution accepting amended Congestion Management and Air Quality (CMAQ) Grant AQC M045-010 (18562). This grant, for the purchase of a bike share kiosk, was previously accepted in July of 2011 and has been amended to reflect Pitkin County's participation in the project. The new contract is in the amount of$235,000.00, with the additional $200,000.00 reflecting Pitkin County's participation with no net financial impact to the City (see Financial Implications below). The amended contract is a result of CDOT's request that the two projects be combined into one. PREVIOUS COUNCIL ACTION In July, 2011, Council approved contract AQC M045-010 (18562) between the City and CDOT in the amount of$35,000.00 for a bike share kiosk. In December of 2011,Pitkin County selected to move forward with a $200,000.00 bike share equipment purchase using its CMAQ funds. The attached contract amendment rolls the County's CMAQ project and dollars into the City's existing grant contract, changing the dollar amount of the contract from $35,000.00 to $235,000.00. 1 2012 Budget Ordinance-37 BACKGROUND In the 1980's,the City of Aspen was designated by EPA as a non-attainment area for PM I0 (particulate pollution sized 10 microns or less). Since then the City adopted several measures, including expanding the second-largest mass transit system in Colorado, paid parking, an extensive bicycle/pedestrian trail system, carpool incentives and a carshare program. These measures helped the City of Aspen become a maintenance area on July 14, 2003. The City of Aspen is currently eligible for CMAQ funding every two years from the Colorado Department of Transportation (CDOT)based on Aspen's EPA air quality designation as a PM 10 maintenance area. Congestion Mitigation and Air Quality grants have been awarded to the City of Aspen every other year since 2000 for the purpose of implementing projects or procuring equipment to mitigate PM-10 pollution in the upper valley. Bike sharing typically involves a number of bicycles made available for shared use as a means of increasing mobility options and reducing traffic congestion and air pollution. Bike share programs are often considered a part of the"last mile" solution for transit, meaning that a bicycle can provide transit users with the link between their station/stop and their final destination. The same can hold true for the link between bike sharing and car sharing,trail use, carpooling and other alternative transportation modes. Recognizing this link and the opportunity for increased bicycle mode share, CDOT has approved the use of CMAQ funding for the purchase of one kiosk to be owned by the City and operated by WE-cycle. In July of 2011, Aspen City Council approved a contract between CDOT and the City for the purchase of a bike share kiosk. Meanwhile, Pitkin County was in discussions with its staff and WE- cycle for the same type of project using County CMAQ dollars. In December,the Board of County Commissioners elected to move forward with the same project. CDOT has requested that the two projects be combined into one for the purposes of expediency and efficiency, as well as to avoid multiple requests for proposals that could result in multiple vendors providing different equipment for one bike share program. 2 2012 Budget Ordinance-38 DISCUSSION As discussed above, CDOT has requested that the City and the County combine their two CDOT projects into one. Failure to do so could result in multiple vendors providing different equipment for the same bike share program. Eliminating the City's contract and replacing it with a County contract would,according to CDOT, result in a potential six-month project delay. As the project lead,the City will hold the contract with CDOT, manage the procurement process and be responsible for submitting reimbursement requests to CDOT. The County will serve on the procurement committee and be wholly responsible for the $200,000.00 portion of the project. The County will also retain ownership of all equipment purchased with its portion of CMAQ funds. FINANCIAL IMPLICATIONS Combining the City and County projects will not change the City's final grant amount and match. Project Federal Local Total City bike share equipment $28,977.00 $6,023.00 $35,000.00 County bike share equipment $165,580.00 $34,420.00 $200,000.00 Total $194,557.00 $40,443.00 $235,000.00 ENVIRONMENTAL IMPLICATIONS In the 1980's,the City of Aspen was designated a PM-10 (particulate pollution sized 10 microns or less) non-attainment area by the U.S. Environmental Protection Agency. A number of mitigation measures including free transit, paid parking and an anti-idling ordinance helped Aspen receive a PM-10 maintenance designation in 2003. However, Aspen continues to be challenged in maintaining and meeting future air quality standards. As discussed above, programs that decrease the need for vehicle ownership and/or single-occupant driving are key to reducing PM-10 levels. RECOMMENDATION Staff recommends approval of the attached resolution, amending CMAQ contract. 3 2012 Budget Ordinance-39 ALTERNATIVES Council could choose to decline the contract amendment and move forward with the original $35,000.00 contract. This would mean that the County would undergo a separate procurement process and possibly result in two types of bike share equipment being purchased. PROPOSED MOTION "1 move to approve Resolution # of 2012 on the consent calendar of January 23, 2012. CITY MANAGER COMMENTS: ATTACHMENTS Attachment A: Proposed Resolution Attachment B: Amendment to CMAQ Contract AQC M045-010 (18562) 4 2012 Budget Ordinance-40 MEMORANDUM TO: Mayor and City Council FROM: Steve Bossart Asset Project Manager THRU: Scott Miller Capital Asset Manager DATE OF MEMO: March 15,2012 MEETING DATE: April 9,2012 RE: Burlingame Ranch Phase 1 —Supplemental REQUEST OF COUNCIL: City Council is asked to approve a supplemental budget request in the amount of$241,000 to effect corrections at Burlingame 1 mechanical systems; provide City staff management; potable water tap disconnects on two single family lots converted to common area, plat revisions and as-built documents; BOA and utility fees; grading modifications design and construction . PREVIOUS COUNCIL ACTION: City Council has executed a resolution expressing City commitment to complete all open contract issues. BACKGROUND: Project completion, final Certificates of Occupancy, developer schedule management, and a few questions of quality have been ongoing issues at Burlingame since occupancy in 2007. PUMP REPLACEMENT After occupancy many owners commented on significant sound and vibration, and inconsistencies in heat output from the common hot water heating system. The mechanical systems consist of shared common hot water baseboard heat with individual unit thermostats in each building. In 2011 the City hired Resource Engineering Group (REG) to conduct a retro-commissioning analysis. They reported that the single speed pumps were oversized for the systems. Short term consequences include noise and water hammering, and long term consequences include system damage from vibration and excess turbulence within plumbing lines. Several pumps have been replaced due to failure within the first few years of operation. REG recommended correctly sized variable speed pumps. Staff had two local mechanical contractors review REG's specifications and provide pricing. Both pricing exercises had similar results. One is the mechanical contractor the HOA has recently signed for regular Page 1 of 3 2012 Budget Ordinance-41 system maintenance. It would be preferred to have that firm perform the retrofit work. Proposed work is to replace pumps with correct pumps and to re-balance the systems. GRADING MODIFICATION AND GRADING CONSTRUCTION The area east of Forge Road behind the multi-family housing was reserved for two lots for single family homes. Per the density agreement with Phase I these lots are to be converted back to green space and no homes will be built here. This area needs to be re-graded to meet the Phase I storm drainage requirements. We are required to follow permitting requirements thus the need for a design and then construction this year. POTABLE WATER TAP REMOVAL With the removal of the two single family lots as described above we are required by code to disconnect the water taps at the water main located in Forge Road. PLAT REVISIONS&AS BUILT DOCUMENTATION With the removal of the lots described above we are required by code to have an As-Built survey of the improvements. This work along with minor plat cleanup requires a revised plat. HOA & UTILITY FEES The City of Aspen remains the master developer of the project and will have ongoing project responsibilities to cover applicable fees administration time to process statements and manage the Master HOA activities. FINANCIALBUDGET IMPACTS: Funds for the pump retrofits ($75,000) exist within the 150 fund and will eventually net to zero as it is expected the final contract settlement will withhold that amount from the contractor's final payments. The remainder of the cost is new and will be absorbed by the Housing Development Fund ($166,000). Costs for plat revisions, tap disconnects, and grading modifications are consequential to phase one site plan approvals, ongoing management responsibilities and phase design. The HOA and utility fees will continue as annual costs until project sellout. Pump Replacement $75,000 Staff Costs—Pump Project $25,000 Potable Water Tap Disconnects—2 single family lots $10,000 Plat Revisions &as-built documentation $10,000 HOA & Utility Fees $6,000 Grading Modifications—Design $20,000 Grading Modifications $60,000 Total $241,000 Page 2 of 3 2012 Budget Ordinance-42 DISCUSSION: Quality and performance on Burlingame Ranch Phase I have generally met or exceeded expectations and requirements. The mechanical design, while code compliant, was expedient in first cost but expensive and detrimental for long term operations. Modifications to the project design were the result of density modifications. The City is in the process of settling out final payments with the developer to cover a number of unfinished or incomplete items. ENVIRONMENTAL IMPACTS: The pump retrofit project, with its use of variable speed pumps, will likely reduce electrical usage, improve heating efficiency, reduce damage to the systems, and provide longer component service life. RECOMMENDED ACTION: Staff recommends approval of this supplemental request. ALTERNATIVES: Council may direct Staff and the HOA to work with the existing mechanical system, possibly replacing pumps as necessary. This approach, while graduated, removes efficiencies of a single retrofit effort. A onetime effort will allow the association to have consistent systems to maintain. The site work and plat corrections must be completed as part of our prior agreements. PROPOSED MOTION: I move to approve a supplemental budget request from the 150 fund in the amount of $241,000, for the purpose of mechanical retrofits to the Burlingame 1, and for completion of the additional required modifications. CITY MANAGER COMMENTS: ATTACHMENTS: NA Page 3 of 3 2012 Budget Ordinance-43 MEMORANDUM TO: Mayor and City Council FROM: Steve Bossart, Capital Asset Project Manager THRU: R. Barry Crook,Assistant City Manager Scott Miller,Director,Capital Asset Department DATE OF MEMO: March 8,2012 MEETING DATE: April 9, 2012 RE: Supplemental Request—Centennial REQUEST OF COUNCIL: Allow 2011 Centennial funding balance to be carried over to 2012. PREVIOUS COUNCIL ACTION: Beginning in 2010, Capital Asset Staff investigated issues of moisture damage to the Centennial affordable housing development brought to the attention of City Council and the Pitkin County Commissioners by the homeowners association. Staff engaged a building forensics expert who helped identify and confirm previous investigation results on moisture intrusion, and identified solutions to correct and mitigate those problem areas. Staff also engaged a mold expert who analyzed evidence of moisture caused mold in certain building areas. BACKGROUND: The Centennial ownership complex consists of 92 category-four, deed restricted ownership units. They were constructed in 1985 and are located at the base of Smuggler Mountain. There is also a Centennial rental complex at the same location consisting of 148 category three restricted rental units. Both complexes are frame construction with sloped standing seam metal roofing, and painted ship-lap rabbet redwood siding. Roofing ends nearly flush to building gable ends and at eaves. Early moisture damage was noted at one window on the southeast several years after construction. A further study by Capital Asset personnel yielded information that the moisture problems had been known for many years, and solutions had been identified and recommended. The unknown scope and cost of work delayed HOA action. In early 2010 the City agreed to provide interim project management services to assist the HOA/APCHA/City of Aspen/Pitkin County team in expanding the overall evaluation. The City requested, received, and executed a proposal from Building Science Corporation (BSC), a Boston Page 1 of3 2012 Budget Ordinance-44 based engineering and architecture firm with extensive experience in building mechanics, systems, and water management. BSC has conducted numerous forensic examinations and prepared evaluations and solutions for moisture damaged buildings. The City has worked with BSC as the liaison for the US Department of Energy Building America program. BSC visited the site on June 30th,2010. For the investigations the City engaged Rudd Construction (Rudd) to provide manpower, equipment, tools and materials to assist in uncovering areas for inspection, and for replacement and waterproofing repair. Also present on the day of these inspections, at the request of Lee Cassin (City Environmental Health Director) was industrial hygienist and mold expert, Michael V. Van Dyke, PhD, from National Jewish Health in Denver. He provided visual inspection of mold presence and extent. BSC produced a report of their findings and worked with REG (the HOA's mechanical engineer). They found the primary cause of damage to be inadequate flashing, particularly at roof- to-wall details, at some windows, and at eave overhangs. In addition there are issues with attic air leakage and ventilation. The June 2010 BSC inspections removed large expanses of siding where the earlier investigation relied on localized core samples. This more extensive removal showed the water leakage and resultant water caused deterioration occurring at specific flashing intersections while adjacent areas were in good condition. Window units are flashed though observations indicate flanges were installed under the exterior gyp- board sheathing. A further complication top the structural and water intrusion issues at the Centennial ownership buildings have been owner installed balconies and other additions. It appeared that in many cases appropriate detailing and flashing wasn't implemented resulting in additional water access to building structural elements. Dr. Van Dyke issued a three page report dated July 19, 2010 addressing his observations of conditions on the same day of inspection. He included five recommendations for repairing the water intrusion issues, cleaning mold where identified, educating residents, and further inspections. Lee Cassin noted that not having ductwork or forced air furnace systems is a fortunate situation in that mold spores have not been circulated. Dr Van Dyke and Steve Shurtliff(DS)have met via telephone conference and have released a joint letter statement of agreement regarding the observations and tests occurring at Centennial. The City of Aspen Environmental Health Department has provided staff with information from the Colorado Environmental Health Association ("The Top 10 Mold Myths, Replacing Hysteria with Science"), the Colorado Department of Public Health ("Mold Information Sheet" August 2002), and the U.S. Environmental Protection Agency ("Mold Remediation—Key Steps"). It should be noted and emphasized that according to building science experts, moisture damage remediation is generally accomplished carefully and deliberately. BSC initially recommended a range of options with respect to the attic issues and exterior walls. This approach was based on their years of experience in the field over decades and is consistent with generally accepted asset management practices for repair and preservation. It is generally accepted that elimination and control of moisture is first necessary and successful step in retarding further mold growth. It is also Page 2 of 3 2012 Budget Ordinance-45 generally accepted that mold exists everywhere in the environment, and that testing procedures can quantify and identify those genus that can be health concerns, after moisture control is established. The sequence of these work efforts is logical and straightforward. Moisture must be mitigated before repair and investigation of damaged materials can begin. Once the moisture is managed, mold growth ceases and sampling can be reliably completed, and an action plan can be designed and priced. The HOA issued a Request for Proposals, interviewed several contractors, and selected Athen Construction, the same company that has been working on siding replacement and other repairs on the Centennial rental buildings. $70,000 was allocated for the City staff and consultant efforts. Expenditures have been $40,362.02 through 2011, covering professional fees and staff costs. Staff request the balance of$29,637.98 be carried forward for 2012 to cover similar costs during this year's construction by the HOA. DISCUSSION: The Council and Commissioners offers of funds and staff to assist this affordable housing association's investigations were valuable to the association, as well as to the housing program as a whole. Reserve account discussions and understanding is paramount to any building structure, and HOAs can befit form this investigation and data. FINANCIAL/BUDGET IMPACTS: This funding was previously approved and allocated and expenditures have spanned three years. ENVIRONMENTAL IMPACTS: NA RECOMMENDED ACTION: Staff recommends approval of funding carry over to 2012. ALTERNATIVES: Council could elect not to spend this balance. PROPOSED MOTION: This should be a brief statement for a Council member to read such as "1 move to approve Ordinance# . . ." CITY MANAGER COMMENTS: ATTACHMENTS: NA • Page 3 of 3 2012 Budget Ordinance-46 MEMORANDUM TO: Mayor and City Council FROM: Mike McDill, Deputy Utility Director THRU: Dave Hornbacher,Director of Utilities & Environmental Initiatives DATE OF MEMO: March 28,2012 RE: Carry-Forwards for the Water Utility Capital Funds Prior to the Carry-forward review process, the Water Capital Fund had 53 projects for 2011 and prior years and an additional 26 added in 2012. The main reason for this large number was the belief that we had to pigeon-hole money from past years for potential future larger projects. This practice led to a culture of managing single projects under multiple project numbers such as: West Water Treatment Plant Project No. 44104 West Water Treatment Plant 2010 Project No. 94034 West Water Treatment Plant 2011 Project No. 94388 West Water Treatment Plant 2012 Project No. 94594 The goal of our approach to carry-forwards was to only have one project number for each actual project. Therefore we either completed or cancelled nearly all of the 2011 and earlier project numbers that were either no longer needed or were duplicated by 2012 Project Numbers. The Water Utility project managers were comfortable to do this because I assured them we would be able to re-allocate the necessary funds to the projects needing them in 2012. With this plan in mind, the Water Utility project managers agreed to Returns to Fund fifty projects totaling $707,529. All of these projects and their numbers will no longer be needed in 2012. However, we did not just wholesale delete all of the 2011 and prior year projects. We retained twelve older accounts for which there are still planned work activities to be performed in 2012, which are not contemplated in any new 2012 projects. We believe this process will allow us to more efficiently manage the projects we actually are committed to accomplishing and will keep all of the expenditure for one project in one place. \Budget 2012\2012-03-28 Water C-F Justifications Page I of I 2012 Budget Ordinance-47 MEMORANDUM TO: Mayor and City Council FROM: Mike McDill, Deputy Utility Director THRU: Dave Hornbacher, Director of Utilities & Environmental Initiatives DATE OF MEMO: March 23,2012 MEETING DATE: April 9,2012 RE: Spring Supplemental Budget Request— AABC Water Main Tie-In REQUEST OF COUNCIL: City Council is asked to approve a supplemental budget request in the amount of$278,000 for the AABC Water Main Tie-In project, to bring the total budget authority to $623,000. This project is to construct a pipeline and pressure reducing valve station, as well as to provide a second source of water to the AABC water service area. PREVIOUS COUNCIL ACTION: In 2010 the City Council approved a budget of$345,000 for this capital project within the Water Fund. BACKGROUND: The entire AABC area is serviced by a single delivery pipe from Buttermilk Ski Area to 200 Road. This project, to loop a second source of water to the AABC area, was originally envisioned in 2006. At that time a very preliminary estimate was developed and planning began. The 2010 line item was established based on the 2006 estimate. In 2011 a design to construct this pipeline around the east and north edge of Burlingame, Phase II area was completed. The engineer's estimate for this project was immediately recognized to be considerably more than the project budget due mostly to increases in unit pricing from 2006 to 2011; added length to go around the proposed subdivision; higher than anticipated reclamation costs over Deer Hill; and the re-evaluation of pressure regulating needs. This caused the project to be put on hold in late 2011 to consider options. DISCUSSION: Even with the best efforts of all parties, it is clear that we will not be able to complete this project for the costs estimated in 2006. The requested additional funds should be enough to complete this project and provide a needed second water connection to the AABC area. Since the beginning of the year we have: Page 1 of3 2012 Budget Ordinance-48 • Coordinated with Burlingame, Phase II to have them increase the size of their proposed 8-inch water line to a 12-inch main within their development to its most northerly point on Deer Hill (estimated cost to up-size= $40,000). • Coordinated the construction of the segment over Deer Hill, with the proposed 10-inch Reclamation line and the Second Feed Electric System/Deer Hill, to AABC 200 Road (estimated cost to construct the water line=$258,000). • Included a needed upgrade to the pressure regulating system not considered in the original estimate (estimated cost of the upgrade =$225,000). • Arranged for the Parks Department to develop a reclamation plan across the Deer Hill conservation area, which is preliminarily estimated at a total of$250,000 (estimated share for the 12-inch waterline project=$100,000). These four components of the project amount to a total estimated cost of$623,000 to complete the work, even when constructed in coordination with the Burlingame project and the other two utilities over Deer Hill. The AABC area has been at risk of loss of water service since it was originally connected to the City system if the single pipeline were to fail. This project would significantly reduce that likelihood by providing this separate independent feed to the area. This project started out with insufficient funds due to the fact that the original budget was based on 2006 unit prices, it did not include an adequate pressure regulating system, nor was sufficient funding provided for conservation reclamation. This project will need the same two easements as the Reclamation and Second Feed Electric projects, one along the southerly edge of the AABC Storage property and another across a small easterly triangle of the Deer Hill Condominium property. FINANCIAL/BUDGET IMPACTS: See separate memorandum discussing the proposed Approach to 2012 Utility Capital Fund Carry-Forwards. ENVIRONMENTAL IMPACTS: This project, along with the Reclamation Project and the Second Feed Electric System/Deer Hill Project will create a noticeable revegetated strip across Deer Hill. RECOMMENDED ACTION: Staff recommends Council's approval of this $278,000 supplemental budget request to allow for the completion of the Burlingame/AABC Tie-In. ALTERNATIVES: If Council does not approve this Supplemental Appropriation there appears to be only one other viable option: • Use the available funds to construct the pipeline through Burlingame, Phase 11, and up the south side of Deer Hill, with the idea of completing the connection sometime in the future. This would increase the amount of pipe in the ground and allow this portion of the work to share reclamation costs with the other two utility conduits. However, the final portion of the project would be responsible for complete re-vegetation of the disturbed Deer Hill conservation area when it is undertaken. This option would allow the Page 2 of 3 2012 Budget Ordinance-49 City the option to complete the project at some later date, when additional funds might become available. PROPOSED MOTION: "I move to approve a supplemental budget request in the amount of $278,000 to provide for completion of the project proposed herein." CITY MANAGER COMMENTS: ATTACHMENTS: Page 3 of 3 2012 Budget Ordinance-SO MEMORANDUM TO: Mayor and City Council FROM: Mike McDill,Deputy Utility Director THRU: Dave Hornbacher,Director of Utilities & Environmental Initiatives DATE OF MEMO: March 28, 2012 RE: Carry-Forwards for the Electric & Renewable Energy Utility Capital Funds Prior to the Carry-forward review process, the Electric Capital Fund had 22 projects for 2011 and prior years and an additional 7 added in 2012. The main reason for this large number was the belief that we had to pigeon-hole money from past years for potential future larger projects. This practice led to a culture of managing single projects under multiple project numbers such as: Transformer Replacement Project No. 46403 Transformer Replacement 2011 Project No. 94299 Transformer Replacement 2012 Project No. 94474 The goal of our approach to carry-forwards was to only have one project number for each actual project. Therefore we either completed or cancelled nearly all of the 2011 and earlier project numbers that were either no longer needed or were duplicated by 2012 Project Numbers. The Electric Utility project managers were comfortable to do this because I assured them we would be able to re-allocate the necessary funds to the projects needing them in 2012. With this plan in mind, the Electric Utility project managers agreed to the following Returns to Funds eighteen projects totaling $550,979. All of these projects and their numbers will no longer be needed in 2012. However, we did not just wholesale delete all of the 2011 and prior year projects. We retained eight older accounts for which there are still planned work activities to be performed in 2012, which are not contemplated in any new 2012 projects. Renewable Energy Utility Capital Fund: For the same reasons as above,ten projects have been terminated for the Renewable Energy Fund,totaling $102,292. None of these projects and their numbers will be needed in 2012. We again retained five older accounts for which there are still planned work activities to be performed in 2012, which are not contemplated in any new 2012 projects. As with the Water Capital Fund, we believe this process will allow us to more efficiently manage the projects we actually are committed to accomplishing and will keep all of the expenditures for one project in one place. \Budget 2012\2012-03-28 Electric&Rencwables C-F Justifications Page 1 of 1 2072 Budget Ordinance-Si MEMORANDUM TO: Mayor and City Council FROM: Mike McDill,Deputy Utility Director THRU: Dave Hornbacher,Director of Utilities & Environmental Initiatives DATE OF MEMO: March 23, 2012 MEETING DATE: April 9,2012 RE: Spring Supplemental Budget Request— Second Feed Electrical System/Deer Hill REQUEST OF COUNCIL: City Council is asked to approve a supplemental budget request in the amount of$250,000 for the Second Feed Electrical System/Deer Hill project,to bring the total budget authority from 2010 through 2012 to $1,507,998. This project will install electrical infrastructure to connect to the AABC Holy Cross Substation from Burlingame Ranch, Phase I. PREVIOUS COUNCIL ACTION: Council originally approved a 2010 budget authority of $468,198, a 2011 budget authority of$189,800 and a 2012 budget authority in the amount of $600,000 for this capital project within the Electric Fund. Of this total of$1,257,998 we have invested $507.021 on the portions of the Second Feed system that are already in place, leaving an available balance of$750,977. BACKGROUND: The City Electric Department has been trying to complete a second primary connection from the AABC Substation to a switch gear near the Forest Service Offices for a few years in order to secure a backup to our current single line feed into the heart of the City. This connection over Deer Hill and along AABC 200 Road will complete the northern termination of this system. DISCUSSION: The City Utilities Agency has been planning to extend three different facilities from the Burlingame development area over Deer Hill to the AABC area for the last few years. These facilities include a new 12-inch water main to complete looped service for the AABC system, the proposed 10-inch ACSD wastewater effluent reuse pipeline, and this second primary feed electrical system. Part of the Second Feed Electrical undergrounding will be done in conjunction with the Burlingame, Phase 11 development's need to relocate the Holy Cross Silver King circuit. Then a separate contract will be let to continue all three conduits over Deer Hill to the south end of AABC 200 Road, where the 12-inch water main will be connected to the existing AABC network. The Second Feed Electrical system will continue north on AABC 200 Page 1 of 2012 Budget Ordinance-52 Road to be connected to the Holy Cross Substation. Upgrades to the Holy Cross Substation to accommodate this new line are currently programmed for 2014. The disturbance corridor for three conduits will necessarily include reclamation work through the Deer Hill conservation area, which is preliminarily estimated to cost as much as $250,000. $50,000 of this estimated cost is allocated to the Second Feeder portion of the work. This reclamation plan is being developed with the assistance of the City Parks department and will be constructed with their oversight to ensure all of the expectations of the Aspen Valley Land Trust are adequately addressed. FINANCIAL/BUDGET IMPACTS: See separate memorandum discussing the proposed Approach to 2012 Utility Capital Fund Carry-Forwards. ENVIRONMENTAL IMPACTS: This project, along with the 10-inch Reclamation line and the 12-inch AABC Tie-in water main, will create a noticeable strip across Deer Hill, which will be re-vegetated to the expectations of the Aspen Valley Land Trust and the Trails and Open Space Committee. Part of the reason the revegetation for this project will be so expensive is the intent to return this steep hillside area to near its preconstruction state as quickly as reasonably possible. RECOMMENDED ACTION: Staff recommends Council's approval of this $250,000 supplemental budget request to allow the completion of this planned work. ALTERNATIVES: If Council does not approve this Supplemental Appropriation this portion of the Second Feed System will probably stop at the south end of AABC 200 Road, along with the 12-inch water main. Another option might be to install the conduit all the way to the Substation, but not purchase and install the cable until a later date. PROPOSED MOTION: "1 move to approve a supplemental budget request in the amount of $250,000 to provide for completion of the project proposed herein." CITY MANAGER COMMENTS: ATTACHMENTS: None Page 2 of 2 2012 Budget Ordinance-53 MEMORANDUM TO: Mayor and City Council FROM: Lauren McDonell, Environmental Initiatives Program Mgr THRU: David Hornbacher, Director of Utilities and Environmental Initiatives DATE OF MEMO: April 1, 2012 MEETING DATE: April 9,2012 RE: Spring Supplemental Budget Request— Geothermal Test Well Project REQUEST OF COUNCIL: City Council is asked to approve a supplemental budget request in the amount of $40,000 for the continuance of the Geothermal Test Well project, bringing the total budget authority to $240,000. BACKGROUND: In 2008, a preliminary feasibility study was conducted by Rocky Mountain Water Consulting, LLC, which evaluated Aspen's geothermal potential. Based on this study, staff believes temperatures in the 90-100 degree range are likely, which would be sufficient for heating buildings. In the fall of 2011, Dan's Water Well and Pump Services, Inc. was contracted to drill the first test well in the gravel parking lot of Prockter Open Space to explore geothermal energy potential. Geothermal heat is believed to be approximately 1,000 feet below ground, however, the drillers reached 1,003 feet without detecting hot water and with the advent of winter, work was temporarily suspended on December 12'h until spring. DISCUSSION: Rocky Mountain Water Consulting, the engineering consultant for this project, estimates the geothermal resource is within 500 feet of the current well depth. The drilling contractor will resume work after April 16`h and ending by May 26th, extending the bore depth to assess the geothermal potential through this pilot project. FINANCIAL/BUDGET IMPACTS: Approval of this supplemental budget request increases the overall project budget to $240,000. The additional budget authority is necessary for remobilization and other direct costs to resume drilling this spring, and to extend the bore up to an additional 500' (to 1500' overall depth) at the drilling rate specified in the contract of$68.00 per foot up to a maximum depth of 1,500 total feet ($34,000 maximum). Please note that the Governor's Energy Office provided a grant of$50,000 for this project which reduces the overall financial impact to the City. Page 1 of 2 2032 Budget Ordinance-54 ENVIRONMENTAL IMPACTS: Expenditure of these funds will help advance the exploration of geothermal resources to determine if it will be possible to provide a carbon-free heating, cooling, and other potential energy services to certain areas of Aspen. RECOMMENDED ACTION: Staff recommends Council's approval of this $40,000 supplemental budget request to allow for the completion of the Geothermal Test Well Project. ALTERNATIVES: Council can direct staff not to continue with the geothermal project. Under that scenario, the City would forgo the expenditures already associated with this project totaling $189,828.63. PROPOSED MOTION: "1 move to approve a supplemental budget request in the amount of $40,000 to provide for completion of the project proposed herein." CITY MANAGER COMMENTS: Page 2 of 2 2012 Budget Ordinance-55 MEMORANDUM TO: Mayor and City Council FROM: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: March 8th,2012 MEETING DATE: April 9, 2012 RE: Authorizing a Transfer of Funds from the General Fund to the Golf Course Fund and making an Appropriation to the Golf Course Fund REQUEST OF COUNCIL: This request is for the City Council to authorize amendment to the 2012 budget to allow the transfer of funds in the amount of$339,200 from the General Fund and to appropriate $425,000 in the golf course fund for the acquisition of golf equipment and carts. PREVIOUS COUNCIL ACTION: The City Council approved the purchase of the golf equipment and carts at its March 12th, 2012 council meeting. BACKGROUND: When bids were solicited for golf equipment and carts the City also solicited proposals for financing the equipment over five years in order to meet the cash flow needs of the Golf Course Fund. The lease proposals that were received included financing costs that seemed high given the current interest rate yields earned on investments of the City. DISCUSSION: Staff proposes that a loan be made from the General Fund to the Golf Course Fund in the amount of$339,200. The loan would bear interest at the rate of 2% and would be paid back in equal payments in years 2013-2016. The interest rate offers a yield that is higher than what is currently earned on the investment pool as a whole (approx. .75%) and is less than what was offered by the lease companies (more than 3%). There are sufficient reserves in the General Fund to make this loan. FINANCIAL/BUDGET IMPACTS: While the financial condition of the Golf course fund is very constrained the golf equipment necessary to maintain and operate the golf course must be replaced from time to time. The golf course fund will be able to make the lease payments over the next five years. The General Fund has about nine million in reserves. ENVIRONMENTAL IMPACTS: None Page 1 of2 2012 Budget Ordinance-56 RECOMMENDED ACTION: Staff recommends approval of the loan. ALTERNATIVES: Alternatives would be to loan the funds from the parks fund or to borrow the money from private financial institutions or to cancel the purchase of the equipment. PROPOSED MOTION: I move to approve Ordinance# . . . CITY MANAGER COMMENTS: ATTACHMENTS: Notes: • Please use page numbers on all memos and attachments, especially,for work sessions • The memo should be as long as it needs to be — but remember, you're not writing a novel. Use attachments for more detailed information, ordinances and resolutions, etc. • Attachments: All attachments to the memo should be referenced somewhere in the body of the memo. All attachments should be titled as "Attachment", "Exhibit" or "Schedule" with a letter following: Attachments: A -Exhibit One -Map... B-Property Description C- Chart of Costs D -Resolution #97-1 Page 2 of 2 2012 Budget Ordinance-57 Memorandum To: Mayor and City Council From: Steve Aitken, Director of Golf Thru: Jeff Woods, Parks and Recreation Manager Thru: Steve Barwick, City Manager Thru: Don Taylor, Finance Director Thru: Rebecca Hodgson, Purchasing Manager Date: February 25, 2012 RE: Golf Cart Fleet Purchase Agreement Request of Council: Staff requests Council to approve the purchase agreement with C&M equipment for a new fleet of 60 electric golf carts. Discussion: As approved in the budget process for 2012, the Golf Department is replacing its fleet of 60 electric golf carts. The existing fleet of golf carts is 7 years old and is no longer reliable. The new fleet of carts is necessary to deliver the quality and reliability required for pass holders and guests to the# I Ranked Municiple Golf Course in the State of Colorado. The new fleet of carts will be acquired thru a 5 year lease interfund loan with the General Fund. This allows for a positive cash balance in the Golf Fund. Request for Proposals were sent out in December and three proposals were received. Requirements for the new fleet of golf carts were: • Electric Operating(as opposed to gas). • Sun Canopies • Wind Shields • Yardage Book Holders • 2 Sand/Seed Bottles per cart • Club and Ball Washers on each cart • Forest Green Color with Tan seats and Canopies Three proposals were received. Only two proposals were able to deliver all the golf carts for the start of the 2012 golf season. The price shown is net of$48,000 trade in of the existing cart fleet. The financial proposals for both companies that were able to meet the criteria for Request for Proposals are as follows: 2012 Budget Ordinance-58 C &M Golf Grounds Equipment 60 Cart E-Z-Go Fleet Bid Price: $191,700.00 Colorado Golf and Turf 60 Cart Club Car Fleet Bid Price: $221,569.00 Staff believes that both companies' golf carts would do an excellent job. Staffs decision to select E-Z Go for its fleet of golf carts are as follows: • Lower Price • Reliability • Staffs knowledge of the EZ Go Golf Cart • Substantial additional features have been added without cost (rain club covers for all golf carts, battery water fill system and station). • Styling and Design Financial/Budget Impacts: The Golf Fund Long Range Plan has allotted $ 35,600 for five years to provide for payment of the carts. The finance department recommends that the money for the acquisition of the golf carts be borrowed from the General fund and be repaid over 5 years at an interest rate of 2%. The General Fund loan will cost approximately 40,300. per year so the operating budget will be adjusted to cover this amount. Environmental Impacts: The golf cart fleet will be electric which has less of an impact on the environment. Improvements to efficiency in recent years have increased the length of time the golf cart runs before it is in need of charging. Recommended Action: Staff requests Council approve the purchase agreement with C & M Golf and Grounds for a new fleet of 60 Golf Carts. Alternatives: The other golf cart proposal could provide golf carts for the Aspen Golf Club. This decision however, would cost more. Proposed Motion: I move to approve ordinance # City Manager Comments: 2012 Budget Ordinance-59 Memorandum To: Mayor and City Council From: Steve Aitken, Director of Golf Thru: Jeff Woods, Parks and Recreation Manager Thru: Don Taylor, Finance Director Thru: Rebecca Hodgson, Purchasing Director Date: February 25, 2012 RE: Golf Course Mowing Equipment and Work Cart Purchase Request of Council: Staff requests Council to approve the purchase of turf mowing equipment and work carts from C&M Golf and Grounds Equipment Company. Discussion: As requested in the 2012 budget approval process,the Golf Department is replacing several mowers and service vehicles in its fleet. Equipment scheduled for replacement includes: 3 Greens Mowers 2 Fairway Mowers 1 Rough Mower 2 Work Carts The equipment scheduled for replacement has served the golf operation well. All of the equipment being replaced is past due by industry standards with the amount of hours and years accumulated. Increased need for maintenance and repairs has made this equipment obsolete. Due to the amount of equipment needed it was not possible for the Golf Department to purchase this equipment all at once. The Finance department recommends that the funds to purchase the equipment be loaned from the General Fund. The General fund would be paid interest at a rate of 2% which is cheaper than a lease purchase agreement and better than what the city earns on the General Fund excess cash in the investment pool. 2012 Budget Ordinance-60 Request For Proposals for the requested equipment was sent out in December and three proposals were received. 1. C & M Golf and Grounds (Jacobsen Mowers and Equipment) Bid Price: $232,518.82 2. L.L Johnson Distributing (Toro Mowers and Equipment) Bid Price: $225,338.00 3. Colorado Golf and Grounds (John Deere Mowers and Equipment) Bid Price: $187,398.00 Due to bundling the equipment together the 3 distributors were able to provide significant discounts compared to supplying individual pieces of equipment. Staff believes very strongly that only C&M Golf and Grounds (Jacobsen Equipment Distributer)can provide for all mowing and maintenance carts required at the Aspen Golf Course. The reasons for this are: • Jacobsen greens mowers deliver the highest quality of cut. These mowers have a patented grooming system which is critical to the maintenance of poa annua greens that are at the Aspen Golf Club. The quality of the greens at Aspen Golf Club is better than those of the neighboring private clubs in the valley. It is one of the main reasons why Aspen Golf Club maintains it's ranking as the number 1 Municipal Golf Course in the State of Colorado. • The current fleet of Green Mowers, Tee Mowers and Work Carts at Aspen Golf Club are Jacobsen. All of the parts are interchangeable allowing for smaller inventories of parts. Since all of the mowers are of the same type and manufacturer, staff training time is reduced. • Innovations to the Jacobsen rough mower have made maintenance simpler and more effective. The quality of cut and potential to stripe areas creates more aesthetic appeal. • The lower center of gravity on the Jacobsen fairway mowers and rough mowers are safer for the operators. • The equipment packages with the other 2 bidders, offered equipment that had problems with efficiency, quality of cut, and amount of acreage cut per hour. 2012 Budget Ordinance-61 Financial/Budget Impacts: The Golf Department turf fleet budget for each of the five years is $49,600.00. With the selection of the C&M Golf and Grounds (Jacobsen Turf Equipment Distributer)the Golf Fund will have the necessary funds available. The old mowing equipment and work carts will be sold or auctioned off, as staff believes this will yield a higher value than trading in. The Finance department will include a loan from the General Fund in a separate Council action. The loan will be in the amount of$232,000 and will be amortized over 5 years at an interest rate of 2%. Environmental Impacts: The new equipment will have increased fuel efficiency. The exhaust emission systems have also been improved. Recommended Action: Staff requests Council approve the lease to purchase contract with C&M Golf and Grounds for turf fleet and work carts. Alternatives: The other two proposals could be accepted. This decision would be less efficient,yield inferior quality of cut, increase man hours,be less safe, and would ultimately be more costly to the operation. Proposed Motion: I move to approve ordinance # City Manager Comments: 2012 Budget Ordinance-62 MEMORANDUM TO: Mayor and City Council FROM: Kathryn Koch, City Clerk DATE: March 15, 2012 RE: Resolution# 2012,Contract—AlphaCorp, Inc. d/b/a SIRE Technologies Software License Agreement—Agenda Management REQUEST OF COUNCIL: Staff requests approval of Resolution#2012,and the attached contract with AlphaCorp, Inc. d/b/a SIRE Technologies Software License Agreement for$57,381. This software is for the agenda management program to be used to produce Council agenda packets. BACKGROUND: The City has been investigating entering the 215t Century and supporting the city's canary goals by going to electronic agendas. In 2011,a request for proposals for electronic agendas was sent out. Five proposals were returned. A team made up of myself, Rebecca Hodgson,city manager's office,John Sobieralski, IT, and Johannah Richards, community development department, reviewed these proposals and narrowed it to two companies, SIRE Technology and Granicus. In November 2011,each company,SIRE Technology and Granicus, presented a demonstration to a larger group of city staff including finance, IT,community development department, attorneys and assistant city managers. In a follow up meeting,this group unanimously supported going with SIRE. Use of their program flowed more easily and was more intuitive. Their technology appeared to work better with I-pads. In February 2012, Rebecca Hodgson and I went to two Colorado cities, Centennial and Breckenridge,to see the technology in action. John Sobieralski, IT department,contacted 5 users to get a feeling of how the systems worked with their information systems department. All references were extremely positive. DISCUSSION: Besides taking advantage of current technology,agenda management will save staff time on paper agenda production. The drafting, review and creation of an agenda packet will all be done electronically. Council packets will be available on our website as they are now,and getting them to the website will be less labor intensive. Development applications are already given to community development department electronically but applicants are also required to provide 10 paper copies, which will no longer be necessary. The City Clerk's office can produce one simple paper packet, if necessary,for public.There are applications other than electronic agenda production. The software will integrate with webcasting and with the city's electronic file system. FINANCIAL/BUDGET IMPACTS: The first year costs of$57,381 are proposed to come out of departmental savings: City Clerk savings $20,381 Central savings $28,000 2012 Budget Ordinance-63 The difference will be made up from the city clerk's annual operation budget for 2012. After the first year,the annual costs will be$16,920. The city clerk's department currently pays$9,000 per year for webcasting so the difference will be$7920. There will be an estimated per copy savings of$2790 (93,000 X .03). The city clerk's department will address this difference in a supplemental request for the 2013 budget, if necessary. ENVIRONMENTAL IMPACTS: This purchase fits nicely with the city's goal to reduce their carbon footprint. Staff estimates 93,000 pieces of paper will be saved/year. Because the servers needed for the Agenda Management software will be hosted in SIRE's cloud-based data center, the city will save the cost of purchasing server hardware as well as ongoing power and cooling costs. RECOMMENDED ACTION: Staff recommends Council approve the attached resolution to purchase agenda management software. ALTERNATIVES: The city can continue doing agenda production as is done currently. The city clerk will cry. PROPOSED MOTION: I move to approve Resolution# Series of 2012, approving a contract with AlphaCorp to purchase agenda management software. 2012 Budget Ordinance-64 vIIcsa MEMORANDUM TO: Mayor Ireland and City Council THRU: Chris Bendon, Community Development Director FROM: Amy Guthrie, Historic Preservation Officer RE: First Reading of Ordinance #I It, Series of 2012, 202/208 E. Main Street Historic Landmark Lot Split DATE: April 9, 2012 s „� • , y w, SUMMARY: 202/208 E. �• r� i L'y 4 Main Street is a 6,000 K , ,i ;� ` ' r , square foot lot that contains . • ,' # ' '. - . , a '1.:1" ti % 'v.,� ,� u ' '' " two Victorian era homes. Y' .x The two structures were t ti - 5. € ; condominiumized in 1999 e and are separately owned. �, .. i _r �� • jig 202 E. Main is Aspen . 1 „. Home Consignment and . 208 E. Main is Salon Tulio. The owners are co r .,,., _. applicants in a request to °m-� ,.„,4.a„. .M — -z...r..;-- - �. split the property into two 3,000 square foot lots, restoring them to the .pw original townsite plat. No expansions or changes to the existing structures are proposed for review at this time, except for the removal of a small non-historic addition that currently links the two houses together near the front. Even with the removal of the link, the structures will still be as little as 4' apart. Both buildings currently encroach into the side and rear yard setbacks since they were substantially constructed before setback standards existed. New sideyard setback encroachments will be created as a result of drawing a new lot line between the houses. HPC recommended approval of the Historic Landmark Lot Split on March l4th and has conditionally granted setback variances to legalize the existing conditions, pending Council passage of this ordinance. Staff is coordinating with the Building Department to ensure any code issues created by the new property line are addressed. 1 STAFF RECOMMENDATION: Staff and HPC recommend Council approve the Historic Landmark Lot Split as proposed. The result is a more simple form of ownership for the property owners. ADDRESS: 202 and 208 E. Main Street, Units A and B, Main Street Victorians Condominiums, Block 73, City and Townsite of Aspen. PARCEL ID UNIT A: #2737-073-20-011 PARCEL ID UNIT B: #2737-073-20-012 ZONING: MU, Mixed Use. HISTORIC LANDMARK LOT SPLIT In order to complete a Historic Landmark Lot Split, the Municipal Code states that the application shall meet Section 26.480.030(A)(2) and (4) and Chapter 26.470. Growth Management where applicable. 26.480.030(A)(2),SUBDIVISION EXEMPTIONS,LOT SPLIT All of the following conditions must be met: a. The land is not located in a subdivision approved by either the Board of County Commissioners or the City Council or the land is described as a metes and bounds parcel which has not been subdivided after the adoption of subdivision regulations by the City on March 24, 1969. This restriction shall not apply to properties listed on the Aspen Inventory of Historic Landmark Sites and Structures. Staff Finding: The property is in the original townsite. b. No more than two (2) lots are created by the lot split, both lots conform to the requirements of the underlying Zone District. Any lot for which development is proposed will mitigate for affordable housing pursuant to Chapter 26.470. Staff Finding: The application proposes two lots, both of which conform to the MU zone district. Any future expansion will properly address Growth Management requirements. c. The lot under consideration or any part thereof, was not previously the subject of a subdivision exemption under the provisions of this Chapter or a "lot split' exemption pursuant to Chapter 26.470. Staff Finding: The land has not received a subdivision exemption or lot split exemption. The applicant will be required to abandon the existing Condominium plat as part of this process. 2 d. A subdivision plat which meets the terms of this Chapter and conforms to the requirements of this Title, is submitted and recorded in the office of the County Clerk and Recorder after approval, indicating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to this Chapter and growth management allocation pursuant to Chapter 26.470. Staff Finding: The subdivision plat shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. e. The subdivision exemption agreement and plat shall be recorded in the office of the County Clerk and Recorder. Failure on the part of the applicant to record the plat within one hundred eighty (180) days following approval by the City Council shall render the plat invalid and reconsideration of the plat by the City Council will be required for a showing of good cause. Staff Finding: The subdivision exemption agreement shall be provided to the Community Development Department for approval and recordation within 180 days of final land use action. £ In the case where an existing building occupies a site which is eligible for a lot split, the building need not be demolished prior to application for a lot split. Staff Finding: A small (20 square feet) enclosed area between the two structures must be demolished. Staff recommends this be accomplished prior to recording the plat. g. Maximum potential residential build-out for the two (2) parcels created by a lot split shall not exceed three (3) units, which may be composed of a duplex and a single-family home. Staff Finding: The properties are developed with commercial uses. Following the lot split, each property will be eligible for a one time Growth Management exemption for a residential dwelling unit. 26.480.030(A)(4),SUBDIVISION EXEMPTIONS,HISTORIC LANDMARK LOT SPLIT All of the following conditions must be met: a. The original parcel shall be a minimum of six thousand (6,000) square feet in size and be located in the R-6, R-15, R-15A, RMF, C-1 or MU Zone District. Staff Finding: The subject parcel is 6,000 square feet and is located in the MU Zone District. b. The total FAR for each lot shall be established by dividing the allowable floor area for a duplex or two detached residences on the fathering parcel according to the Zone District where the property is located. The total FAR for each lot shall be noted on the subdivision exemption plat. When the property is redeveloped with any allowed uses other than single family or duplex residential, refer to the Zone District for allowable FAR on each lot. 3 Staff Finding: FAR for each parcel shall be according to the zone district regulations in effect at the time of development, according to the uses proposed for each lot individually. c. The proposed development meets all dimensional requirements of the underlying Zone District. The variances provided in Chapter 26.415 as benefits for historic preservation are only permitted on the parcels that contain a historic structure. Only one (1) FAR bonus of up to 500 square feet may be granted to each historic landmark lot split subdivision exemption. Staff Finding: The development is expected to meet the dimensional requirements of the zone district except for variances that may be granted within the authority of the HPC. RECOMMENDATION: Staff and HPC recommend Council approve the 202/208 E. Main Street Historic Landmark Lot Split, Ordinance #11, Series of 2012. PROPOSED MOTION: "I move to approve Ordinance #4, Series of 2012, on First Reading." CITY MANAGER COMMENTS: Exhibits: Ordinance # ict Series of 2012 A. Application 4 ORDINANCE #11f (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN,COLORADO APPROVING A HISTORIC LANDMARK LOT SPLIT FOR THE PROPERTY LOCATED AT 202 AND 208 E. MAIN STREET, UNITS A AND B, MAIN STREET VICTORIANS CONDOMINIUMS, BLOCK 73, CITY AND TOWNSITE OF ASPEN, CITY AND TOWNSITE OF ASPEN, COLORADO PARCEL ID: #2737-073-20-011 and#2737-073-20-012 WHEREAS, the property owners, Rocking Lazy J Properties, LLC, owner of the property located at 202 E. Main Street, Unit A of the Main Street Victorians Condominiums and Michael Giordano, owner of the property located at 208 E. Main Street, Unit B of the Main Street Victorians Condominiums, have requested a historic landmark lot split and variances; and WHEREAS, in order to complete a Historic Landmark Lot Split, the applicant shall meet the requirements of Aspen Municipal Code Section 26.480.030, Subdivision and Chapter 26.470, Growth Management Quota System; and WHEREAS, at their regular meeting on March 14, 2012, the Historic Preservation Commission considered the application, found it to be consistent with the review standards and recommended Council approval by a vote of 5 to 0; and WHEREAS, Amy Guthrie, Historic Preservation Officer, in her staff report to City Council, performed an analysis of the application, found that the review standards for Historic Landmark Lot Split are met, and recommended approval; and WHEREAS, the City Council finds that the proposal meets or exceeds all applicable development standards and that the approval of the development proposal is consistent with the goals and elements of the Aspen Area Community Plan; and, WHEREAS, the City Council finds that this Ordinance furthers and is necessary for the promotion of public health, safety, and welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1: Historic Landmark Lot Split Pursuant to the findings set forth in Section 1, above, the City Council does hereby grant a Historic Landmark Lot Split Subdivision Exemption for with the following conditions: 1. A subdivision exemption plat and subdivision exemption agreement shall be reviewed and approved by the Community Development Department and recorded in the office of the Pitkin County Clerk and Recorder within one hundred eighty (180) days of final approval by City Council. Failure to record the plat and subdivision exemption agreement within the 202/208 E. Main Street Ordinance # , Series of 2012 Page 1 of 3 specified time limit shall render the plat invalid and reconsideration of the plat by City Council will be required for a showing of good cause. As a minimum, the subdivision plat shall: a. Meet the requirements of Section 26.480 of the Aspen Municipal Code; b. Contain a plat note stating that no further subdivision may be granted for these lots nor will additional units be built without receipt of applicable approvals pursuant to the provisions of the Land Use Code in effect at the time of application; c. Contain a plat note stating that all new development on the lots will conform to the dimensional requirements of the zone district, except for variances approved by the HPC; d. Be labeled to indicate that allowable FAR will be determined by the zone district regulations in effect at the time of development, according to the uses proposed for each lot individually. Section 2: Vacation of Condominium Plat Recordation of this Subdivision Exemption Plat shall nullify and vacate the previously approved Main Street Victorians Condominium Plat. Section 3: Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. Section 4: Existing Litigation This ordinance shall not have any effect on existing litigation and shall not operate as an abatement of any action or proceeding now pending under or by virtue of the ordinances amended as herein provided, and the same shall be construed and concluded under such prior ordinances. Section 5: Vested Rights The Land Use entitlements granted herein shall be vested for a period of three (3) years from the date of issuance of a development order. However, any failure to abide by any of the terms and conditions attendant to this approval shall result in the forfeiture of said vested property rights. Unless otherwise exempted or extended, failure to properly record all plats and agreements required to be recorded, as specified herein, within 180 days of the effective date of the development order shall also result in the forfeiture of said vested property rights and shall render the development order void within the meaning of Section 26.104.050 (Void permits). Zoning that is not part of the approved site-specific development plan shall not result in the creation of a vested property right. No later than fourteen (14) days following final approval of all requisite reviews necessary to obtain a development order as set forth in this Ordinance, including Final Major Development and Commercial Design Reviews by the HPC, the City Clerk shall cause to be published in a newspaper of general circulation within the jurisdictional boundaries of the City of Aspen, a notice advising the general public of the approval of a site specific development plan and creation of a vested property right pursuant to this Title. Such notice shall be substantially in the following form: 202/208 E. Main Street Ordinance # , Series of 2012 Page 2 of 3 Notice is hereby given to the general public of the approval of a site specific development plan, and the creation of a vested property right, valid for a period of three (3) years, pursuant to the Land Use Code of the City of Aspen and Title 24, Article 68, Colorado Revised Statutes,pertaining to the following described property: 202 and 208 E. Main Street, Units A and B, Main Street Victorians Condominiums, Block 73, City and Townsite of Aspen. Nothing in this approval shall exempt the development order from subsequent reviews and approvals required by this approval of the general rules, regulations and ordinances or the City of Aspen provided that such reviews and approvals are not inconsistent with this approval. The approval granted hereby shall be subject to all rights of referendum and judicial review; the period of time permitted by law for the exercise of such rights shall not begin to run until the date of publication of the notice of final development approval as required under Section 26.304.070(A). The rights of referendum shall be limited as set forth in the Colorado Constitution and the Aspen Home Rule Charter. Section 6: Public Hearing A public hearing on the ordinance shall be held on the 14th day of May, 2012 in the City Council Chambers, Aspen City Hall, Aspen, Colorado, fifteen (15) days prior to which hearing a public notice of the same was published in a newspaper of general circulation within the City of Aspen. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by the City Council of the City of Aspen on the 9th day of April, 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk FINALLY,adopted, passed and approved this day of , 2012. Michael C. Ireland, Mayor ATTEST: Kathryn Koch, City Clerk APPROVED AS TO FORM: James R. True, City Attorney 202/208 E. Main Street Ordinance # , Series of 2012 Page 3 of 3 C C pa co 02/13/2012 Amy Guthrie Historic Preservation Commission 130 S. Galena St. Aspen, CO 81611 On Behalf Of: Michael and Shelley Tullio (Giordano) Salon Tullio 208 E. Main St. Aspen, CO 81611 Parcel ID: 273707320012 Lot L and Lot M, Block 73, City and Townsite of Aspen, County of Pitkin, State of Colorado And Jake Vickery Aspen Home Consignment 202 E. Main St. Aspen, CO 81611 Parcel ID: 273707320011 Lot L and Lot M, Block 73, City and Townsite of Aspen, County of Pitkin, State of Colorado Michael and Shelley Tullio and Jake Vickery are seeking a Historic Landmark Lot Split, which would allow each lot owner the right to construct a single family unit with 1,500 square feet FAR.The new property line which is shown in the draft plat that accompanies this memo will follow the historic lot line. Each lot would therefore be returned to its original 30'wide by 100' length. An easement is being requested for the Lot M roofline that extends onto Lot L. Once the Lot M addition takes place, all overhanging roofline will be removed except for what exists on the historic resource. We appreciate your time and consideration. Sara Boulet Upton, Architect p.o. box 2324 basalt, co 81621 c 970 948 9667 f 970 927 3727 e saran upton-desian.com w upton-design.com ATTACHMENT 2 -Historic Preservation Land Use Application vy FA c� _ 4 ��PROJECT: C/ \ 1� r �� %0 v e9Name: 21- Location: Zo z E.I~1u-ln St AS1FA2-, Co °51(o I/ ( Fi(i (Indicate street address,lot&block number or metes and bounds description of property) Parcel ID# (REQUIRED) Z 7 3"7 01 3 Z ct!l APPLICANT: Name: aae. V i 6-Ic-a-cv Address: F. . l5 vC 123(op Phone#: (01 icy 30ct -l- az Fax#: E-mail:,Ir,v l Y,,,tpr. tecac4.,1.,-i- REPRESENTATIVE: Name: Address: Phone#: Fax#: E-mail: _ TYPE OF APPLICATION: (please check all that apply): n Historic Designation Relocation(temporary, on Certificate of No Negative Effect I or off-site) ❑ Certificate of Appropriateness Demolition(total -Minor Historic Development demolition) ❑ -Major Historic Development Historic Landmark Lot Split ❑ -Conceptual Historic Development ❑ -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description of existing buildings, uses,previous approvals, etc.) -two o \crk 7 n'Z E.• 1� 11...� A-, Z&S . 4,-4,, Gt. Q �n,Ap 4A4 4 t 4 itLq ez.,l(X wok)(U 12 lit_ a Lo± 5?L4t PROPOSAL: (description of proposed buildings,uses,modifications, etc.) Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 II PROJECT:/ ' 1. t'v Sf VcG/ ,7 Name: filneSgth7ffeeffPr7 Location: )-p Vj C. gi. 'r, 51 I ,r72-0,2- 4-4° f L. qnD /mil ! 3/0c,/C �3 (Indicate street address, lot& block number or metes and bounds description of property) Parcel ID# (REQUIRED) 7-7 7- 0 7 3,1- 0 0 /0- APPLICANT: Name: /17/2,7/g 7 6/0,ktO - b Address: J--0 g Phone#0.7o) 97. 737 Fax#: E-mail: T77,„)Q11'IEy,'GUv7-, REPRESENTATIVE: Name: Address: Phone#: Fax#: E-mail: TYPE OF APPLICATION: (please check all that apply): Historic Designation Relocation(temporary,on I Certificate of No Negative Effect I I or off-site) Certificate of Appropriateness Demolition(total -Minor Historic Development demolition) M- ajor Historic Development X Historic Landmark Lot Split -Conceptual Historic Development -Final Historic Development -Substantial Amendment EXISTING CONDITIONS: (description of existing buildings,uses,previous approvals, etc.) V16fo/211gnf Zo f'-ce 1/472 42/-Je. v5C- &3711/1"t'5.47-/tin L ,ti p y I-N-rvia-4 PROPOSAL: (description of proposed buildings,uses, modifications, etc.) Skflf C- Lo P/ G ov e C ont.i a- c�a ./ t'u/ /467 Aspen Historic Preservation Land Use Application Requirements,Updated:May 29,2007 TAN-31-2012 16:22 FROM: TO:919705445292 P. 1/1 Jake Vickery Architect Architecture&Planning 202 East Main Street Aspen,Colorado 81612 970 309-7722 jakevickery@comcast.net January 30,20I2 TO: Historic Preservation Commission City of Aspen RE: HISTORIC LOT SPLIT OF MAIN STREET VICTORIANS,UNIT A This letter is to document that we,the undersigned owners of Unit A,Main Street Victorians, 202 East Main Street, grant our permission and joint participation in the submission of an application for the Historic Lot Split of Main Street Victorians, Aspen Colorado, This letter is also to authorize both Jake Vickery and Della Pegololti to act as mutual representatives for each other on all matters pertaining to this historic lot split. Sincerely, f 9 6/ Je Vickery(Jake) Manager, Rocking Lazy) Properties Co-owner,Unit A,Main Street Victorians 202 East Main Street Aspen,CO 81611 970 309.7722 /e/ r .7(1 Della J. Pegolotti C Co-owner, Unit A,Main Street Victorians 202 East Main Street Aspen,CO 81611 970 309-7711 • II February 6, 2012 TO: Historic Preservation Commission City of Aspen RE: HISTORIC LOT SPLIT OF MAIN STREET VICTORIANS, UNIT B This letter is to document that we,the undersigned owners of Unit B, Main Street Victorians, 209 East Main Street, grant our permission and joint participation in the submission of an application for the Historic Lot Split of Main Street Victorians, Aspen, Colorado. This letter is also to authorize Sara Upton to act as Michael and Shelley Giordano's representatives on all matters pertaining to this historic lot split. Sincerely, j - Michael and Shelley Giordano 208 East Main Street Aspen, CO 81611 970.948.7357 \ -----.7 \ \ I A`LEy BCOC REAR SETBACK DOGE OF K 73 \ 0 30.00 `________ WOOD FENCE `� SIDE SETBACK r ` S,S^9'11"E \ \ \ GRAVEL ` / GRAVEL` .i PARKING _100/ PARKING ® REAR SETBACK / SH D 1 — 1'= 00 / / / 1iA ROOF / �� — �' I l I ' l l 6TREEEN• `` \ 7 / / ALLEY FOOTPRINT/ FOOTPRINT/ Iz / • fit / l2/ .r 06pFN ` o / / I L h,1% -yl 07 r I I l % 3e / / / / / .0,U / / / / / EASEMENT REQUESTED o I/ / / I / FOR ROOF OVERHANG Co u one / / e-0 ONTO NEIGHBORING • ro ►Our / LOT / lid 0 ti a b / �/ / / 5� W I 0 / Il l I/ / LOT 1 / / 0 / SIDE SETBACK `- / 0 / LOT L r I o LOT 2 / 3000 SQ. FT. / I oo / //-102- 7 i / // " / LOT M .: / / 1 3000 SQ. FT. / CONNECTOR BETWEEN / /7 : �' -°tg�ie" / / HOUSES TO BE / / / / V / REMOVED o / 00 / h / -. O w l l � R / II 0 I CSI / +y / / o Q / Z / 3 0/ / PORCH / // / m/ P/ / / j / . U 1` /�\ / u / NCLOSED Q W / ` ` / / / ENTRY / —I I y z/ 8" PIN C.; l 0 o yJ/ VARIANCES REQUESTED • ESTE D FOR ALL EXISTING o \ S�$ro0�4 9,1E J �I L` / ION THAT -_/ ; ENCROACHES INTO ` / SETBACKS,TYP.OF EACH LOT /o \ N / �` �+ 3p SIDE SETBACK FRONT SETBACK C� \ �n FRONT SETBACK 0. 0 \ �S/DEwig - _ COTTONWOOD \ D \� \ _\ • CO��DNWDOD SITE PLAN EAST �, \ 8" ASPEN \ HISTORIC LANDMARK LOT SPLIT MAIN STD,- 1" = 10'-0' FFT 02-13-2012 u p.o.box 2324 •ton basalt,co 81621 • e S I g 970 948 9667