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agenda.council.regular.20120423
CITY COUNCIL AGENDA April 23, 2012 5:00 P.M. I. Call to Order II. Roll Call III. Scheduled Public Appearances Proclamation —Arbor Day Proclamation —AspOen Ideas Festival Block Party 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 #33, 2012 —Authorizing Reimbursement from Bond Proceeds. b) Resolution #34, 2012 — Fleet Replacement Contract - Parks c) Resolution #35, 2012 — Fleet Replacement Contract —Water, Streets, Electric, Asset d) Resolution #36, 2012 — Fleet Replacement Contract— Parks, Community Development e) Resolution #37, 2012- Pre-Disaster Mitigation Plan f) Resolution #38, 2012 — Emergency Operations Plan g) Resolution #39, 2012-Aspen Energy Assurance Plan h) 2012 Burlingame Phase IIA AI Construction Contracts: (1) Resolution#40, 2012 - Summit Consulting, Inc. (2) Resolution #41, 2012 - Source Gas (3) Resolution #42, 2012 - Lockton Companies LLC i) Resolution #43, 2012- USA Pro Cycling Challenge Contract j) Minutes —April 9, 2012 VIII. First Reading of Ordinances a) Ordinance # 15, 2012 — Code amendment - Water Shortage P.H. 5/14 IX. Public Hearings a) Ordinance #9, 2012 — Code Amendment— Bicycles on Sidewalks b) Ordinance #13, 2012 — Supplemental Appropriation X. Action Items Adjournment Executive Session Next Regular Meeting May 14, 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. V1a MEMORANDUM TO: Mayor and City Council FROM: Don Taylor, Director of Finance THRU: Steve Barwick, City Manager DATE OF MEMO: April 13`h,2012 MEETING DATE: April 23rd,2012 RE: Reimbursement Resolution related to 2012 Parks and Open Space Bonds REQUEST OF COUNCIL: This is for the City Council to consider adoption of the proposed reimbursement resolution related to the upcoming issuance of the 2012 Parks and Open Space Bonds. This allows the City to pay itself back from bond proceeds for expenditures made for the approved projects before the bonds were actually issued. PREVIOUS COUNCIL ACTION: City Council approved the 2012 City of Aspen budget that contemplated the issuance of sales tax revenue bonds to finance a number of projects. Parks and open Space staff and City Council have had subsequent discussions on the projects to be included in the financing. BACKGROUND: The 2012 budget assumed the issuance of bonds in the amount of$3,800,000 for various projects. That amount has since been updated to $4,080,000 after discussion with City council to include $225,000 for an irrigation pump system for Rio Grande Park. The total list of projects is as follows. • Wagner Park $1,225,000 • Galena Plaza 750,000 • • Open Space Acq. (Droste) 750,000 • Golf Course Pump House 225,000 • Bob Helm Bridge 220,000 • Rio Grande Park Restroom 100,000 • Rio Grande Park 500,000 • Rio Grande Irrigation and Pump 225,000 • Issuance costs estimate 85,000 Total $4,080,000 Page I of 2 DISCUSSION: Staff seeks approval to proceed with the issuance of bonds to finance the above slate of projects and also requests that the City council approve the reimbursement resolution as provided. The reimbursement resolution authorizes the City to spend money on the identified projects prior to the issuance of the bonds and then pay itself back once the bonds are issued. It is anticipated that the bonds will be issued this summer. RECOMMENDED ACTION: Staff proposes that the Resolution establishing the City's intent to reimburse itself from bond proceeds for expenditures incurred prior to the issuance of bonds for certain designated capital projects be approved. ALTERNATIVES: The Council can decide to not proceed with any project expenditures until after the bonds are issued or it can choose to not proceed with the designated projects at all. PROPOSED MOTION: Move adoption of the reimbursement resolution attached. CITY MANAGER COMMENTS: aa_ea„u vG vv�F ;s 1p - .- ATTACHMENTS: Page 2 of 2 RESOLUTION 33, oZ o/Z A RESOLUTION OF THE CITY OF ASPEN DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH THE PROCEEDS OF A MUNICIPAL BOND FINANCING FOR CERTAIN CAPITAL EXPENDITURES INCURRED OR TO BE INCURRED BY OR ON BEHALF OF THE ISSUER; GENERALLY IDENTIFYING SAID CAPITAL EXPENDITURES; AND PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Aspen (the "Issuer"), a political subdivision and body corporate of the State of Colorado (the "State"), is duly organized and existing pursuant to the constitution and laws of the State; and WHEREAS, the Board has determined that it is in the best interest of the Issuer to make or have made on the Issuer's behalf certain capital expenditures relating to the acquisition, construction and improvement of Wagner and Rio Grande Park Improvements, Open Space Acquisition (Droste), Bob Helm Bridge, Golf Course Pump House improvements, and Galena Plaza improvements (collectively, the "Project"); and WHEREAS, the Board currently intends and reasonably expects to participate in a municipal bond financing in a maximum principal amount that is not expected to exceed $4,100,000 including an amount which is currently estimated not to exceed $2,000,000 (the "Advanced Amount"), to reimburse the Issuer for all or a portion of such capital expenditures incurred by the Issuer, or on the Issuer's behalf, or to be incurred subsequent to a period commencing 60 days prior to the date hereof, and ending prior to the later of 18 months of the date of such capital expenditures or the date on which the Project is placed in service (but in no event more than 3 years after the date of the original expenditure of such moneys); and WHEREAS, the Board hereby desires to declare its official intent, pursuant to 26 C.F.R. § 1.150-2, to reimburse the Issuer for such capital expenditures with the proceeds of the Issuer's lease-purchase or municipal bond financing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE ISSUER: Section 1. Declaration of Official Intent. The Issuer shall, presently intends, and reasonably expects to initially finance all or a portion of its share of the costs of the Project with legally available funds. The Issuer presently intends and reasonably expects that the initial capital expenditures incurred by the Issuer in connection with the financing of the Project will be originally paid from Parks and Open Space Fund. Section 2. Dates of Capital Expenditures. All of the capital expenditures covered by this Resolution were or will be made on and after the date which is 60 days prior to the effective date of this Resolution. Section 3. Issuance of Tax-Exempt Obligations. The Issuer presently intends and reasonably expects to participate in a lease purchase or municipal bond financing within 18 months of the date of the expenditure of moneys on the Project or the date upon which the Project is placed 1 of 2 4831-7978-5481.2/1 in service, whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys), and to allocate from said financing an amount not to exceed the Advanced Amount to reimburse the Issuer for its capital expenditures incurred in connection with the Project. Section 4. Confirmation of Prior Acts. All prior acts and doings of the officials, agents and employees of the Issuer which are in conformity with the purpose and intent of this Resolution, and in furtherance of the Project, shall be and the same hereby are in all respects ratified, approved and confirmed. Section 5. Effective Date of Resolution. This Resolution shall take effect immediately upon its passage. PASSED AND ADOPTED this day of , 2012. [SEAL] By: Mayor Attest: By: City Clerk 2 of 2 4831-7978-5481.2/2 MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready,Asst. City Manager DATE: April 6,2012 RE: Vehicle Replacement Contract Approval 2012-2FM REQUEST OF COUNCIL: Staff recommends approval of the contract 2012-2FM for the fleet replacement of two Chevrolet Colorado 4x4 pickups for the Parks Department. PREVIOUS COUNCIL ACTION: The 2012 Asset Management Plan contains the funds for these fleet replacement purchases. City Council approved the 2012 Asset Management Plan as part of the 2012 Budget. BACKGROUND: This purchase is the result of a Colorado State bid process in which Mike Shaw Chevrolet was the low bidder for the small Chevrolet Colorado 4x4 pickups. All of the vehicles scheduled for replacement are within the criteria for replacement by being at least five years old with at least 60,000 miles. The new vehicles will be put on a 5-year 60,000 mile replacement cycle and will be reassessed for replacement at that trade in time. DISCUSSION: As part of this year's fleet replacement, we have two (2) Ford Ranger pickups that are currently in the Golf Department fleet and two (2) Ford Ranger trucks that are in the. Parks Department fleet. The Golf Department's pickups are over 15 years old and have over 150,000 miles on them. The current Parks Ford Ranger vehicles will be transferred to Golf since they have a little over 65,000 miles on them and are still in good shape for Golf Department purposes over the next several years. The new Chevrolet Colorado vehicles will be going to the Parks Department. The Golf Department's old Ford Ranger pickups will be put up for auction on the City's surplus equipment auction site. FINANCIALBUDGET IMPACTS: The Parks Department has a total fleet budget of $167,076 for 2012. These two Chevrolet Colorado vehicles will be purchased out of this budget amount. The two new Chevrolet Colorado 4x4 pickups came in at a total contract price of $39,816.00. The two older Golf Department Ford Ranger pickups will be put up for auction after the new Chevrolet Colorado vehicles arrive. Page 1 of 2 r ENVIRONMENTAL IMPACTS: These Chevrolet Colorado pickups will be equipped with the small 2.7 liter 4 cylinder engines, compared to the current 3.0 liter 6 cylinder engines in the Ford Ranger. These small 2.7 liter 4 cylinder engines will bum less fuel, have lower emissions and have a smaller carbon foot print than the current Ford Rangers. RECOMMENDED ACTION: Staff recommends council approval of contract 2012-2FM for the replacement of the two small 4x4 pickups for the City of Aspen Parks Department. PROPOSED MOTION: "I move to approve Resolution# '/ of 2012 on the consent calendar of Monday, , 2012 CITY MANAGER COMMENTS: ( z Le ` ' ATTACHMENTS: Page 2 of 2 RESOLUTION NO.3[1 Series of 2012 I A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Mike Shaw Chevrolet , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract between the City of Aspen, Colorado and Mike Shaw Chevrolet a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen, Colorado, and Mike Shaw Chevrolet . a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: , 2012 Michael C. Ireland Mayor 9 I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado,at a meeting held ,2012 Kathryn S. Koch,City Clerk PROCUREMENT CONTRACT ROUTING SLIP AND CHECK LIST Instructions: This form should be completed at each step of the procurement process and should follow each request for review or approval. Contracts under $2,000 require only Department Head approval. Contracts over $2,000 require City Manager approval. They do not require competitive bids but require documentation of source selection process. Contracts over $10,000 require City Attorney and City Manager approval. Competitive bidding process is required. Contracts over$25,000 require City Council approval. ALL CONTRACTS Procurement Description:Fleet replacement on 2 small %ton pickups Project#: 2012-037 Budget estimate: $ O 000 Is proposed expenditure approved in the Department's budget? / X /Yes / /No Explain process for vendor selection: This will be purchased through Colorado state bid. / / / Dept. Head approval of proposal: CONTRACTS OVER$2,000 AND UNDER$10,000 • ContractorNendor Selected: / / / Dept.Head approval: / / / City Attorney review: / / / City Manager Approval: Original signed contract documents to City Clerk,Department and to Vendor/Contractor CONTRACTS OVER$10,000 • / / / RFP or ITB Completed: / / / Eng. Dept. Review: / / / RFP or ITB Reviewed by City Attorney: / / / t#Advertisement / / / 2"d Advertisement (Attach Advertisement) / / / Bid Opening: ContractorNendor Selected: Mike Shaw Chevrolet (/ �qq-� i 7 /��.F>�Dept.Head approval: _._ a' w L 71' E'— — / / / Award letter sent: KA` t� 3 //41/1( 3 signed contracts returned by vendor:Conti aeYor. / / Performance and Payment Bonds received // Certificate of insurance received / / / Finance Department Review: If Over$25,000, / / / Prepare cover memo and resolution for City Council Approval. / / / City Attorney Review. / / / City Manager Approval: / / / City Council Approval / / / Notice to Proceed Original signed contract documents to City Clerk,Department and ContractorNendor SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2012-2FM THIS AGREEMENT made and entered into, this 14th day of March of 2012, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Mike Shaw Chevrolet . , hereinafter referred to as the 'Vendor." WITNESSETH, that whereas the City wishes to purchase. Two (2) small Chevrolet Colorado 4x4 pickups Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of Thirty Nine Thousand, Eight Hundred Sixteen and no cents dollars ($39,816.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 7-PORCH 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. 7-PORCH In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of$10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. -PURCH IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: City Manager ATTEST: City Clerk VENDOR: M4 -sin tiaoICYtc By: �� ,/41i�' 'iii Title. // v/CT /1Q/1�it 7-PORCH Prepared By: MARKM Mark McMunn-- Mike Shaw Auto 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719)332-8165 Fax: (719)634-1058 Email: markm @mikeshawauto.net 0 0 2012 Fleet/Non-Retail Chevrolet Colorado 4WD Ext Cab Work Truck CT156 QUOTE WORKSHEET QUOTE WORKSHEET-2012 Fleet/Non-Retail CT15653 4WD Ext Cab Work Truck MSRP $23,030.00 Destination Charge $810.00 Optional Equipment $2,385.00 Dealer Advertising $0.00 Customer Discount ($6,592.00) Accessories DELIVERY TO ASPEN $275.00 Total Accessories $275.00 Taxable Price $19,908.00 TOTAL $19,908.00 Customer Signature / Date Dealer Signature / Date Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 215.0, Data updated 3/6/2012 2:59:00 PM ©Copyright 1986-2005 Chrome Systems Corporation.All rights reserved. Customer File: March 14, 2012 9:55:57 AM Page 1 Prepared By: MARKM Mark McMunn -- Mike Shaw Auto 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719)332-8165 Fax: (719)634-1058 Email: markm @mikeshawauto.net 0 0 0 0 2012 Fleet/Non-Retail Chevrolet Colorado 4WD Ext Cab Work Truck CT156 WINDOW STICKER 2012 Chevrolet Colorado 4WD Ext Cab Work Truck Interior: - Ebony 2.9L/177 CID Gas 4-Cyl Exterior 1: - Summit White *4-Speed Automatic Exterior 2: - No color has been selected. CODE MODEL MSRP CT15653 2012 Chevrolet Colorado 4WD Ext Cab Work Truck $23,030.00 OPTIONS FE9 EMISSIONS, FEDERAL REQUIREMENTS $0.00 LLV ENGINE, 2.9L DOHC 4-CYLINDER SFI $0.00 M30 TRANSMISSION, 4-SPEED AUTOMATIC, ELECTRONICALLY CONTROLLED WI $1,09$.00 GT4 REAR AXLE,3.73 RATIO $0.00 1WT WORK TRUCK PREFERRED EQUIPMENT GROUP $0.00 QNF TIRES, P235/75R16 ALL-SEASON, BLACKWALL $0.00 ZNF TIRE, SPARE P235/75R16 ALL-SEASON, BLACKWALL $100.00 ZY1 SOLID PAINT $0.00 50U SUMMIT WHITE $0.00 AM6 SEATS, FRONT 60/40 SPLIT-BENCH $0.00 19J EBONY, DELUXE CLOTH $0.00 UMR AUDIO SYSTEM, AM/FM STEREO $0.00 ZQ6 POWER CONVENIENCE PACKAGE $675.00 Z82 TRAILERING EQUIPMENT $270.00 G80 DIFFERENTIAL, AUTOMATIC LOCKING REAR $295.00 VR4 TRAILER HITCH, WEIGHT DISTRIBUTION PLATFORM INC UY7 TRAILER WIRING, 7-PIN SEALED CONNECTOR INC VQK LPO, MOLDED SPLASH GUARDS $170.00 DE6 MIRRORS, OUTSIDE POWER-ADJUSTABLE, MANUAL-FOLDING, BODY-COLO INC VK3 LICENSE PLATE BRACKET, FRONT $15.00 Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 215.0, Data updated 3/6/2012 2:59:00 PM ©Copyright 1986-2005 Chrome Systems Corporation.All rights reserved. Customer File: March 14, 2012 9:55:57 AM Page 2 Prepared By: MARKM Mark McMunn --Mike Shaw Auto 1313 Motor City Dr. Colorado Springs, CO 80905 Phone: (719)332-8165 Fax: (719)634-1058 Email: markm @mikeshawauto.net < e 0 0 2012 Fleet/Non-Retail Chevrolet Colorado 4WD Ext Cab Work Truck CT156 WINDOW STICKER U2J SIRIUSXM SATELLITE RADIO, DELETE -$100.00 838 FLOOR COVERING, FULL-WIDTH RUBBERIZED-VINYL $0.00 DF5 MIRROR, INSIDE REARVIEW AUTO-DIMMING INC UEO ONSTAR, DELETE -$135.00 SUBTOTAL $25,415.00 Advert/Adjustments $0.00 Destination Charge $810.00 TOTAL PRICE $26,225.00 Est City: * 17.00 mpg Est Highway: *23.00 mpg Est Highway Cruising Range: *437.00 mi Report content is based on current data version referenced. Any performance-related calculations are offered solely as guidelines. Actual unit performance will depend on your operating conditions. GM AutoBook, Data Version: 215.0, Data updated 3/6/2012 2:59:00 PM @Copyright 1986-2005 Chrome Systems Corporation.All rights reserved. Customer File: March 14, 2012 9:55:57 AM Page 3 MEMORANDUM V C TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready,Asst. City Manager DATE: April 6, 2012 RE: Vehicle Replacement Contract Approval 2012-4 FM REQUEST OF COUNCIL: Staff recommends approval of the contract 2012-4FM for the fleet replacement purchase of five (5) full size 4x4 pickups and one (1) Ford Fusion hybrid sedan. PREVIOUS COUNCIL ACTION: The 2012 Asset Management Plan contains the funds for these fleet replacement purchases. City Council approved the 2012 Asset Management Plan as part of the 2012 Budget. BACKGROUND: This purchase is the result of Colorado State Bid process in which Glenwood Springs Ford was able to match the State bid price within $200.00, These new vehicles will be put on a 5-year 60,000 mile replacement cycle and will be reassessed for replacement at that trade-in time. DISCUSSION: Part of this year's fleet replacement plan includes the following: • Water Department: Replacing one 2001 GMC 3/4 ton pickup with a new Ford F250 ' ton pickup. This truck needs to remain the same as it is used for heavy duty work in towing and hauling heavy loads for the Water Department. The Water Department will also be replacing its 2003 Saab. This replacement will be a Ford Fusion Hybrid front wheel drive sedan. This vehicle will be used in the same fashion as the Saab for daily needs of transportation throughout the valley and monthly trips to CAMU or MEAN Board meetings. • Street Department will be replacing two Chevrolet 1/2 ton pickups with one Ford F250 3 ton pickup and one F150 %z ton pickup. The ' ton pickup will be used for towing and hauling heavy loads, asphalt roller and a 300 gallon tank filled with dust suppressant for spraying dirt alleys. The F150 'h ton pickup truck will remain the same size in order to haul moderate loads. This truck will also have the smaller 3.7 liter V6 motor for better fuel mileage. Page 1 of 3 • Electric Department will be replacing one Chevrolet 1/4 ton pickup with a Ford F150 '/2 ton pickup. This pickup will have the smaller 3.7 liter V6 motor, that will also allow it to have less fuel consumption than the Chevrolet that is being replaced. • Asset Management will be replacing one of its Ford Ranger pickups with a Ford F150 1/2 ton pickup. With the maintenance work that Asset Management does,the Ford Ranger pickup doesn't have the capacity to haul the material loads and tools needed. The larger bed on the F150 1/2 ton pickup will accommodate their needs better. This truck will have the small 3.7 liter V6 motor for good fuel mileage. FINANCIALBUDGET IMPACTS: The Street Department has a total of$704,500 for fleet replacement in 2012. The Ford F150 pickup came in at$22,797.00 and we will be receiving $11,800.00 for the trade-in value on this truck. The Ford F250 pickup came in at $24,271.00, bringing the Street Department's total to $35,268.00. The truck that is up for trade in will be transferred over to the Water Department and the Water Department will be paying the Street Department the trade-in value of$8,500.00. The Water Department is in need of an extra vehicle to accommodate the needs of its staff. This truck can last at least another two years doing the in-town duties that the Water Department will be using it for. In 2014 we will evaluate it for possible inclusion in the fleet replacement plan. The Water Department has a total of$80,000 for fleet replacement in 2012. The Ford F 250 that they will be getting came in at $24,271.00 and we will be receiving $4,000.00 trade in on the old truck. The Ford Fusion Hybrid came in at $25,977.00 and we will be receiving $2,500.00 for the trade in of the old Saab for a total of$43,748.00 due to vendor from the Water Department. The Electric Department has a total of$23,000 in this year's fleet replacement budget. The new Ford F150 came in at $22,797.00 and we will be receiving $12,000.00 trade in value on the old truck bringing the Electric Department total to $10,797.00 Asset Management has a total of$44,000 in this year's fleet replacement budget. The new Ford F150 came in at $22,282.00 and they will be receiving $5,500.00 for the trade in on the old truck bringing the total to $16,782.00 The total of this contract with Glenwood Springs Ford is $105,245.00 ENVIRONMENTAL IMPACTS: The a ton pickups will need to remain the work horse vehicles for the necessary heavy duties for the various departments. (ANY IMPROVEMENT IN THE NEW a TON VEHICLES' FUEL MILEAGE?) The ''/ ton pickups will be coming with the smaller engines that will improve fuel mileage and lower vehicle emissions. Replacing the Saab with a hybrid will also be an improvement by lowering fuel consumption and utilizing the hybrid system. Page 2 of 3 s RECOMMENDED ACTION: Staff recommends council approval of contract 2012-4FM for the replacements of the five full size 4x4 pickups, and one Ford Fusion hybrid sedan for the City of Aspen. PROPOSED MOTION: "I move to approve Resolution# 35 of 2012 on the consent calendar of Monday, , 2012 CITY MANAGER COMMENTS: (7■ ,c--I uw a (fl ATTACHMENTS: Page 3 of 3 RESOLUTION NO. $ S Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Glenwood Springs Ford , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract between the City of Aspen, Colorado and Glenwood Springs Ford a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen, Colorado, and Glenwood Springs Ford . a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: , 2012 Michael C. Ireland Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held , 2012 Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2012-4FM THIS AGREEMENT made and entered into, this 9th day of march of 2012, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Glenwood Springs Ford. , hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase,. Three (3) mid size F150 4x4 pickups, Two (2) Full size F250 4x4 pickups and One (1) Ford Fusion Hybrid sedan Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of One Hundred Six Thousand Five Hundred Ninety Five and no cents dollars($106,595.00). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 7-PURCH.DOC 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1)year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. 7-PURCH.DOC In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of$10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 7-PURCH.DOC IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. 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Class: P/U-4x4 Body Code:EZ PU 1/2 TON,4X4 .iepresentative Models: 1: FORD F150 PU 2:CHEVROLET 1500 PU 3:DODGE 1500 PU 4: GMC 1500 PU MAKE: f/R /0 MODEL: i SO OEM MODEL ff: 'r TRIM LEVEL: X L OEM CODE `5 o'TJ1- AVAILABLE OPTIONS: OF,M CODEACTUAL/COMMENTS< PRICE 099 EXT CAB SHORT BED 3 OR 4 DOOR x/e 632. /Yfwd 6foe wit f2013 -P9 *&'-122 SHORT BED f/% OA. /)G awe ;ad 4144 1112 °'4e' 133 BACK UP ALARM /10 141 TIRES:ALL-TERRAIN,LIST SIZE: Pei r,d 143 TIRES:OPTION#1,UST SIZE: 152 SPILT BENCH 40/20/40 OR 80/40 .5r0 :VC JLJ✓ 61,5 G 216 NON-STD ENGINE OPTION A: 9970/ ,y' eL N-if PAL/ 816 3.SLV{ Fcomosr -1611 239 GVW OPTION:SPECIFY /19 Ail s:ss, 0/g //Y/C Ac? 243 AXLE RATIO(MIN.)333 51.0 249 AXLE RATIO OPTION:SPECIFY 254 ALT FUEL-OEMBIFUEL FISS &,a6 p.so 255 ALT FUEL-OEM DEDICATED N.16�S 258 E85-OEMBIRJEL 5 r o4/ 3.7,4 q- S.of/-tic 288 CUSTOM CLOTH SEAT W/CENTER CONSOLE S f/I cv /Jet a.b 284 REMOTE KEYLESS ENTRY rile. r.t/ /twee irc,//-byJ/ablyr 298 CRUISE CONTROL/TILT ,j e1 e{/ 2Gk 311 SEATS:VINYL SEATS srp 1/0/2/iNd 408 REAR AXLE-ANTI SPIN 106 -r 73 A r 0 370e E/.e Lek,Wer.- /jAiVW' Vte 411 TRANSMISSION:MANUAL W/OVERDRV 420 BEDLINER-FULL MOLDED+TAILGATE 241 423 TOOL BOX-ACROSS BED BOX(attachment) , 424 TOOL BOX-SIDE BED BOX(attachment 429 TRAILER BRAKE CONTROL-ELECTRIC 603 r 20/ 430 PCKG:TOW ING/RCVR HITCH(Atchmt) V 53-C 432 TOW HOOKS `r oN/y 436 HEAVY DUTY COOLING 5 r 440 PACKAGEOFF ROAD(Attachment) 4*9 !)6y'/ Nso 443 PKG:STROBE LIGHT(Atlachment) f jpp� 444 ENGINE BLOCK HEATER H/ 450 SKID PLATE-FUEL TNK,TRFR CS/DI / /# _ /5/-- 454 AUXILARY BATTERY ,VA 468 SPRAY IN BEDLINER /50 472 EPACT AFV CREDIT:Specify /(//l 516 LEFT DOOR POST SPOTLIGHT(50W) 319 520 POWER LOCKS yes 130 o/Ir//U Colorado State Fleet Management Page 3 of 4 2012 VEHICLE SPECIFICATIONS 9/8/2011 Dealers Invitation to Bid lass: P/U-4x4 Body Code:E PU 1/2 TON,4X4 riepresentatNe Models: 1: FORD F150 PU 2:CHEVROLET 1500 PU 3: DODGE 1500 PU 4:GMC 1500 PU MAKE: Gad MODEL: g/- U OEM MODEL 1F. Aim TRIM LEVEL: AL OEM CODE: -SO2/,7-- AVAILABLE OPTIONS: a OEM CODEACTUAL/COMMENTS PRICE A XA/c /lr,4'-' w s NJaws tojjfe- s �'or/i6 .> 530 POWER WINDOWS 1C-51 /:/YMJ!/67sd Atrey Osii/rnlc/ floe.0 541 DELETE DAYTIME/AUTO HEADLIGHTS STD 599 AM/FM CD PLAYER .f c 2 70 608 HYBRID GAS/ELECTRIC 643 ADD DAYTIME RUNNING LIGHTS f/ O 670 ADDITIONAL INSTRUCTIONS ON EXHIBIT A 763 PHEV(PLUG IN HYBRID ELEC VEIL) A//I 982 FACT WARRANTY-POWER TRAIN 5/100,000 1.///0 0 19 e a u c f;4/o Colorado State Fleet Management Page 1 of 2 2012 VEHICLE SPECIFICATIONS Dealers Invitation to Bld 9/8/2011 Class:Hybrid Sedans Code:A� SEDAN HYBRID lGAS/ELECTRIF; Representative Models: 1:HONDA CIVIC 2:TOYOTA PRIUS 3: FORD FUSION 4: MAKE: %o-e0 MODEL: AS te$/OAS OEM MODEL at PIP L TRIM LEVEL: IlY$R/O OEM CODE: `r co 4 STANDARD SPECIFICATIONS: OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS 102 PASS: 4 PERSONS MIN. S%0 111 DOORS:4 FULL SIZE SIDE DOORS ,S�r,() 140 TIRES:ALL SEAS M&S RADIAL STD 149 TIRES:SPARE SPECIFY 5TQ YES/SOV/Z/7 A/S 65& 171 WHEELBASE 93.0 IN.MIN 5710 /07 W8 191 ENG MIN DISP 1.6L Sr0 Arg/NSom C- ' //Ygle/o 194 ENO MIN CLY 3 s/a 300 AIR CONDITIONING•R134a 5710 302 RADIO:AWFM 97%) AM/Him /cD/M03 307 POWER BRAKES&POWER STEERING J'Y 308 ABS BRAKES 5T 310 SEATS:CLOTH SEATS S1D 320 FLOORING:CARPET Sf0 400 MIRRORS:RIGHT AND LEFT STD 403 REAR WINDOW DEFROSTER Sri) 404 INTERMITTENT WIPERS STO 410 TRANSMISSION:AUTOMATIC g1) 413 TWO-WHEEL DRIVE FRONT 5r0 0 800 FLOOR MATS FRONT AND REAR 2NGLQ76O ,ALL 441614ff62 910 PRIMARY FUEL UNLEADED SIP 991 STD WRNTY-BUMPER TO BUMPER 3/36 9a) STANDARD VEHICLE BASE PRICE S 0' j / 77 AVAILABLE OPTIONS: OEM CODEACTUAL/COMMENTS PRICE 284 REMOTE KEYLESS ENTRY 51p 298 CRUISECONTROL/fLT SIP 330 SECURITY CAGE:LIST DESIGN/LOCA 472 EPACT AFV CREDIT:Specify NIA 520 POWER LOCKS 97J) 530 POWER WINDOWS 5-7D 599 AMHFM CD PLAYER 5r p 0g16/,001 C. Colorado State Fleet Management Page 2 of 2 2012 VEHICLE SPECIFICATIONS 9182011 DOWNS Invitation to Bld Class:Hybrid Sedans Body Coda:All SEDAN HYBRID(GAS/ELECTRIC Representative Models: 1: HONDA CIVIC 2:TOYOTA PRIUS 3:FORD FUSION 4: ,n MAKE /bRD MODEL: 1417.5/0,✓ OEM MODEL II: niL TRIM LEVEL:11Y612LO OEM CODE: ,5m4 a 0 0 AVAILABLE OPTIONS: OEM CODEACTUAL/COMMENTS PRICE 870 ADDITIONAL INSTRUCTIONS ON EXHIBIT A NM 783 PHEV(PLUG IN HYBRID ELEC VEH) NM 982 EXT WARRANTY•POWER TRAIN 5/100,000 G:9611 �p J�7 //5V0 E 990 OCT WRNTY 5YR/75000MI(ATTACH) Er ?etAfet,4 Ghee cal id Denver J, 97O AVAILABLE COLORS: Please attach manufacturer color chart O,THHEER�VEHICLE SPECIFICATIONS/OPTIONS (Please attach separate sheet If necessary) PRICE Lis-caja 6i,✓6 /J/ocic PeArce re*'Tot✓6R ConE Remo-e SrAda— S Si in as STANDARD FACTORY WARRANTY(Attach detailed description): MILES MONTHS Bumper to Bumper . ,LT 36 Drive Train le ea? lrO Other 4m, coo 60 OPTIONAL FACTORY WARRANTY(Attach detailed description): MILES MONTHS PRICE ,542/0-01 Gsa /Gib/OCO 4o 2,59oof; NA,cr EPA FUEL RATING: 4/ M.P.G CITY, 36 M.P.O HIGHWAY OEM MINIMUM FUEL RATED OCTANE: (/ S DELIVERY: 7O-120 DAYS FROM DEALER RECEIPT OF ORDER FROM STATE(E.G.90 DAYS) IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS: DEALER NAME:SPRAOLEV fins FAO L1,ucoLN or&ffeC9BIDDERS NAME .1P: N eV/6.MeA$ DEALER PHONE g 7 0 5276 ^ 36 a 1 SIGNATURE: 09/01/11 2012 FUSION PROPRIETARY COLOR & TRIM AVAILABILITY Model StilwMatodui Inter or Description S Cloth Cloth Front Bucket Seats with 80/40 Split Rear-Seat(5 Passenger) SE Cloth Cloth Front Bucket Seals with 60/40 Spin RearSeat(5 Passenger) SEL Leather Leather-Trimmed Bucket Seals with Heated'!"Row(DdvedPassenger)and 60/40 Split Rear-Seat (5 Passenger) SEL(Fleet Only) Cloth Cloth Front Bucket Seats with 60/40 Split Rear-Seat(5 Paaengar) SPORT Leather Leather-Trimmed Front Bucket Seals with 60/40 SS RearSat(5 Passenger).Red or Blue or Black Seat Inserts;Charcoal black lacing,headrest S side bolsters w/accent Seat stitching Hyoid Cloth Cloth Fiord Bucket Seals with Fixed(non-folding)Rear-Seel(5 Passenger) ° Hybrid Leather Leafier-Trimmeel Bucket Seals with Heated 1'Row(Ori6enPsesenger)and Fixed(roModing) ° Rear-Seat(5 Passenger) Appearance Cloth Cloth Front Bucket Seats wth 60/40 Split Rear-Sat(5 Passenger)with Unique Seal Inserts Package Appearance Lather-Trimmed Bucket Seats with Heated 1a Row(Drier/Passenger)and 80/40 Split Reer-Seat Package Leather (5 Passenger) Luxury Package Leather Lather-Trimmed Bucket Seats with Heated 1"Row(DavaPaeerger)and 60/40 Spit Rear-Seat (5 Passenger) COLOR OFFERINGS Med. Mad. Charcoal Camel Med. Charcoal Camel Charcoal Sport Sport Med. Charcoal Charcoal Charcoal Ginger LL Lt. Black Lt. Black Black Red* Blue* LL Black Black Black Slone Stone Stone Stone rder Paint Name Cos DL DL OW DC FL FW FC VW VR VB TUFL TW/FW CW/FW AW AG Bordeaux FQ • Reserve *Cinnamon HT • *Ginger Ale IV • • *Red Candy Melalk Tinted RZ • • • ■ ■ ■ ■ ■ • • • Clearcoat *Blue Flame SZ • • • • • *Black UA • • • • White Pladnum Metallic Trl- till ■ ■ ■ • • Coat Tuxedo Black' UH • • • • Sterling Gray W • • • • • • • • • Metallic Steal aka UN • • • • • • • • Metallic Ingot Sliver Ux • • • • • • • • • • • Metallic White Suede WS • • • • • • • 'I ale Avalabllly.Please refer to your weekly scheduling notes for paint availability updates. *=New for this model year •=Available -14- Ford Division C2/06V44 04/01/11 2012 FUSION PROPRIETARY POWERTRAIN/DIMENSIONS FUEL ECONOMY 50•STATE F.E.LABEL ESTIMATED MEMO: ADJUSTED ANNUAL UNADJUSTED ENGINE DISPL. TRANSMIS810N CITY HIGHWAY FUEL COST COMBINED 2.51-4 16V(S series) 6-Speed Manual TBD TBD TAD TBD 2.514 16V(S series) 6-Speed Automatic TBD TBD TBD TBD 2.51416V 0 6-Speed Manual TBD 0 TBD TBD a TAD 2.514 16V(SE,SEL series) 6-Speed Automatic TAD TAO TBD TBD 2.51-4 Atkinson-C ; eCVT Automatic HYBRID TBD TBD TBD TBD 6-Cylinder - 3.0L 24V FFV V6 Durateoe 8-Speed SelecShM Automatic"' TBD TBD TBD TAD 3.0L 24V FFV V8 Duratec® 6-Speed SeiedShift Automatic"' TBD TBD TBD TAD AWD 6-Cy lender 3.5L 24V ye Duratec® 6-Speed SelecSMR Automatic'm TBD TBD TBD TBD 3.5L 24V V6 Durateol9 AWD 6-Speed SeledShM Automatic"' TBD TBD TBD TBD ENGINE HORSEPOWER AND TORQUE RATINGS NOMINAL 50-STATE COMPRESSION HORSEPOWER TORQUE ENGINE DISPL. TRANSMISSION RATIO N.P.0 RPM FT.LBS.®RPM 4 Cylinder 2.51416V Durateo19 6-Speed Manual TBD 175 172 13-Speed Automatic TBD 175 172 2.5 1-4 Addnson-C de eCVT Automatic HYBRID TED 156 138 3.OL 24V V8 Duratec® 6-Spd SelectShM Automatic"' TBD 240 228 3.5L 24V V6 Duratede 6-Spd SelectShlft Automatic"' TAD 283 249 DIMENSIONS* Exterior Dimensions Gas Engine Hybrid Engine Wheelbase[In] 107.4 107.4 Length[in] 190.6 190.6 Height[in] 56.9 56.9 Width-Excluding Mirrors(In] 72.2 72.2 Width-Including Mirrors[in] 80.1 80.1 Front Trade[in] 81.7 81.7 Rear Track[in] 81.3 61.3 interior Dimensions Head Room-Front[In] 38.7 38.7 Head Room-Rear[in] 37.8 37.8 Leg Room-Front[in) 42.3 42.3 Leg Room-Rear[in] 37.1 36.7 Hip Room-Front[in] 54.0 54.0 Hip Room-Rear[in] 53.3 53.3 Shoulder Room-Front[in] 57.4 57.4 Shoulder Room-Rear[In] 56.5 56.5 Capacities 100.3 99.8 Passenger Volume(Cu.ft.] Lupgaae Capacity[cu.ft.] 16.5 11.8 *Ali dimensions are preliminary figures *=New for this model year _16_ Ford Division ORic/.4./AC 6/10/2011 2012 MY FUSION PRICE UST (PRICE LEVEL CODE 230) Mooe COM WIRES BASE VEHICLE PRICE SUGGESTED 1 PO0 -4S—Front Wiwi Drive(100.4) DETAIL SE P011 Id= _Fent Wheel DOW(20OA) f= SEL P0J 1.4== — • e,•• .. PO? <._ _ th. . LLI -:AK . IIY6MD MIL V{s�=.- —MVAteSDMS14O(A) . ,-T--, . ALL MODELS )6MSrisltlon and DsWay ORDER TRY RAPID SPEC PACKAGES SUGGESTED RETAIL S se 1O0A Redd Sow Se 20OA Rapid Spec 2O0A WC WC 2O1A Rope Spec 201A 305 20SA • ••Sew 202A Discount /.MO SEL CIA CIA RpNSpec 33MA 1 ses 3O2A R y Spso A SPORT 40OA Rapid Spec ape 72 IYE 4O1A !Sauk'Spec 401A ;WS 402A RapId$6poaaaco 401A Discount WOO 8pec 402A 4,330 8)41114 8808 Reps 31044 4 pso 5O0A Discount Discount (1.130) MA Rapid Spec 501A 0 WC(pee 5O1A Diatom s WM 602A Redd Saes 502A Meows _ 0.375) OPTION POWERfRAIfS SUGGESTED CODE bow SEA H LG.Emig 0.4 sEL) RETAIL Set UO Vd 3.12.DuwYS BE arN I ft ...- V-03.0LDaras°- • -•• • EEL. I 1 . 0 44" I -. '. I Sd 4M ` - I Std :1 4 �s••_.C. R_ i .�... __ lu.i•J I Std 1 .. FR ' I OPTION TIRES SU0 STED MODEL CODE REtAIL S iu7�Ir:: .11,acrsa.Q:.[L1 SW alliuill4E7LliitL,AS It-- alr. I al111115 MILS ivatu`Tha:.Q='I[ IMIlfl Ii a t:la■RE MI= BIB l' 17 I TRY SEATS IM1GOlSTED YODEL TYPE AS Laths ,*wnsd d •-SMIS'et I ,. 05/10/11 -A- Ford Division ©/1/G/NIO 6/10/2011 2012 MY FUSION PRICE LIST (PRICE LEVEL CODE 230) OPTION OTHER OPTIONS SUGGESTED CODE RETAIL AVAILABLE ON ALL 1310 *car(SE,SEL) 8988 YODELS UNLESS an -OPlbn REGO2A,402A.501A 1,905 OTIERNME NOTED 43P Rear Park Assist -Option R8200A,201A,202A,300A,301A. 256 400A,401A a Flew ParitAyM -SS 040:41d) a isle a o Rev Peck Assist -Ind In I$302A,402A WC PUG TrOmt Pint-Option SE,SEL,RBSOMA,502A&500A fleet only 485 12P Premium Houma-Option EEL,Spoon,Hybrid 85 12Y Rooms*-Option s 66 14X Nonwhites Apperrce Package-°peon SE,SEL 898 14C Appellate Package-Option SL SEL 88S 4111 EngIns axe Heats-153 pole Ikearont AI(kN,ND.SD,Mi,WI,WY) WC WC PR2 Red Candy Wile Tkod Closeout 386 141. Ltmary Pa lmy-(Option SEL) - SO5 SSP ALMA SkOO CD w/4 Speaks-Sld(S) Sid ALBFN Single CD will Speaks-Sld(SE,58.,SPORT) SW NIB AMPM In-Dash CDXB wl 8 Swan—Std(Hybrid) SW 828 Sallie Redo Sad(SE,SEL SPORT,HYBRID) SW OPTION FLEET OPTIONS SUGGESTED CODE RETAIL AVAILABLE ON ALL 042 Daytime RsWng Lamps-(Feels/Val FIN) 846 YODELS UNLESS 54P Foaled Minors-(Fleet w/Veld FM) 38 OTIYRWIBE NOTED 4111 Ermine Mick Heater-(Fleet w/Vdd Felt 35 OPTION ACCESSORIES SUGGESTED CODE RETAIL AVAILABLE ON ALL 503 Power CodsTM Remote Stan System 8345 YODELS UNLESS EWA NI—Weeder Floor Man-Front IL Rear Ts UDIERWYE NOTED 08/10/11 B Fob Division Colorado State Fleet Management Page 1 of 4 2012 VEHICLE SPECIFICATIONS Dealers Invitation to Bld 9/8/2011 Class: PA1•4x4 Body Code;Ea 3/4 T 4X4 TRUCK .lepresentative Models: 1: FORD F250 PU 2:CHEVROLET 2500 PU 3: DODGE 2500 PU 4:GMC 2500 PU `l SD MAKE: fin MODEL: OEM MODEL If: `7 A TRIM LEVEL: XL. OEM CODE: 600/71. STANDARD SPECIFICATIONS: ^ OEM CODE INDICA7E ACTUAL DEALER SPECIFICATIONS 4 101 PASS: 3 PERSONS MIN. STD 110 DOORS:2 SIDE DOORS Sr0 121 LONG BED Sr ASO /37" e-/a 140 TIRES:ALL SEAS M&S RADIAL log K a 77 j/1 mot'17 148 FULL SIZE SPARE TIRE 510 183 WHEELBASE:131.O IN.MIN J37" 197 ENG MIN CYL-8 914 4.2 A v 5' fl3 Hex `r/e, 215 ENG MIN DISP:5.3L G 2 L 1/ 226 FUEL TANK:30 GAL MIN 26 yea ) 236 GVW RATING:8500 MIN /0000 ?t. 300 AIR CONDITIONING-R134a sr° 302 RADIO:AM/FM 310 307 POWER BRAKES&POWER STEERING Sf0 , _ _ 308 ABS BRAKES sr.o 6)- whose") D$sc I✓:fh AO5 310 SEATS:CLOTH SEATS 7u C ild)A/YO 321 FLOORING:RUBBER 310 340 AIR BAG-DRIVER SIDE S1-0 400 MIRRORS:RIGHT AND LEFT fat✓ fyi e S/0 404 INTERMITTENT WIPERS 5 to 410 TRANSMISSION:AUTOMATIC y4P 6 $pg y J 5,18 or S Ai tr 415 FOUR-WHEEL DRIVE Sri) 418 AUTOMATIC LOCKING FRONT HUBS .riJG /L e G 51;f r 456 STEP BMPR-400#TONGUE,4000#TRLR 5 CO 752 AXLE RATIO:SPECIFY 1137 3: 7 3 910 PRIMARY FUEL:UNLEADED 5ra W i t h `/G,Y 41e, $!7- 991 STD WRNTY-BUMPER TO BUMPER 3/38 3 6/3 6 F i i g, STANDARD VEHICLE BASE PRICE$ a e/ /g )c u•.: .b s«7`1 .;.3.:-in .;, �, 1K- ki !x:`.:.=5-7i71:,. AVAILABLE OPTIONS: OEM CODEACTUAL/COMMENTS PRICE 3373 097 CREW CAB(4 DOORS):SPECIFY CA W j 6 /7a'u/6 21' /0000 s V m 'rte 098 EXT CAB LONG BED 3 OR 4 DOOR X A(j Ara".' a �' /coo G ut✓71 4`;MY-1$ tret Colorado State Fleet Management Page 2 of 4 2012 VEHICLE SPECIFICATIONS Dealers Invitation to Bld 9/8/2011 'lass: P/U-4x4 Body Code:pi 3/4 T 4X4 TRUCK %epresentatIve Models: 1: FORD F250 PU 2: CHEVROLET 2500 PU 3:DODGE 2500 PU 4: GMC 2500 PU MAKE: Fide MODEL: "l-) v OEM MODEL M: A2 Q TRIM LEVEL: X OEM CODE: 6017.1i ° AVAILABLE OPTIONS: ° OEM CODEACTUAL/COMMENTS ° ° PRICE ° n/-S3; 099 EXT CAB SHORT BED 3OR4DOOR X�Q yl / ��G/r3 /000/ Or/ 103 PASS: 5 PERSONS MIN. 122 SHORT BED gg, G A/rg A2 1- 133 BACK UP ALARM 7S t; far c /o c fl y 120 134 SIDE AIR BAGS .5r.o 3.-$e7/ City//f 0- Cr/"r r°-c de 141 TIRES:ALL-TERRAIN,LIST SIZE: f/3 41 t /7H5770A ///7G fir /-70 143 TIRES:OPTION#1,LIST SIZE: 152 SPILT BENCH 40/2W40 OR 60/40 5 70 216 NON-STD ENGINE OPTION A: ,{"17 217 ENG OPTION:DIESEL 4. fir 6, 7 6, 7v-$j u-rA eh O 636 s 218 NON-STD ENGINE OPTION B: 229 HEAVY DUTY SUSPENSION G71 /OW ✓u//Q /20 239 GVW OPTION:SPECIFY C3 /ay00 M1( A,o•a Y 1752 WY f3-S5016136 /Meant 1-410 57 244 AXLE RATIO(MIN.)4.10 ,gg ,f/r /J 249 AXLE RATIO OPTION:SPECIFY 254 ALT FUEL-OEMBI FUEL 5y0 G(J f ffV vies) 620 0 255 ALT FUEL-OEM DEDICATED 256 E85-OEM BIFUEL STD tea S 01c1"Ai b;as.! k12d ST0 266 CUSTOM CLOTH SEAT W/CENTER CONSOLES 510 i , .., . .. -SE) 284 REMOTE KEYLESS ENTRY C,✓C wi l h /10,✓°.i An/(- tyre S 298 CRUISE CONTROL/TILT -g 2,i 100 311 SEATS:VINYL SEATS R7 Zab ,(.1d") �'aa✓ Op/-7 0,1" (sf7 312 SEATS:BUCKET SEATS-CLOTH flay 41.7 - G/•ws90" oir117Y� 401 MRRS:REC/CMPR FOR TWNG(75:9') 570 408 REAR AXLE-ANTI SPIN .130 3730/ H:JO #/Bbl/e'A'i/t >!G); qi as./ (.3/ 36d 411 TRANSMISSION:MANUAL W/OVERDRV *0 420 BEDLINER-FULL MOLDED+TAILGATE 240 423 TOOL BOX-ACROSS BED BOX(attachment) 424 TOOL BOX-SIDE BED BOX(attachment) V 429 TRAILER BRAKE CONTROL-ELECTRIC 62 3 %th 22Y 430 PCKG:TOWING/RCVR HITCH(Atchmp / Sib 432 TOW HOOKS 1'/c/r Oi,V, sre✓ 436 HEAVY DUTY COOLING 5/4 438 PACKAGE:SNOW PLOW ,- - 439 OEM SNOW PLOW PREP 1/73 SSSe Colorado State Fleet Management Page 3 of 4 2012 VEHICLE SPECIFICATIONS Dealers Invitation to Bid 9/8/2011 lass: P/U-4x4 Body Code:Ea 3/41 4X4 TRUCK riepresentative Models: 1: FORD F250 PU 2: CHEVROLET 2500 PU 3:DODGE / 2500 PU 4: GMC 2500 PU MAKE: /0/4O MODEL: / S-0 OEM MODEL 8: S TRIM LEVEL: OEM CODE: AC49/T�/ ° AVAILABLE OPTIONS: ° /EM CODEACTUAL/COMMENTS ° PRICE 440 PACKAGE:OFF ROAD(Attachment) yW. 443 PICO:STROBE LIGHT(Attachment) / Sw 444 ENGINE BLOCK HEATER 570 y� 450 SKID PLATE-FUEL TNK,TRFR CS/DI ///f /00— 454 AUXILARY BATTERY / f/ffe'mi P.f 4/ - Std w Vest,/ 482 GOOSENECK HITCH(ATTACHMENT) 488 SPRAY IN BEDLINER -430 472 EPACT AFV CREDIT:Specify 516 LEFT DOOR POST SPOTLIGHT(50W) 3Sd 520 POWER LOCKS - 90l fin. Pewee W—L 4c.t.a Kf////s flz./ry/L 526 POWER MIRRORS / we r/r7 I e +fldr 80e C/x✓ 4SS 530 POWER WINDOWS 541 DELETE DAYTIME/AUTOHEADLIGHTS yli)° Ordy y! ycd tre..r 007 rime dip/cS It's 599 AM/FM CD PLAYER 5g5 2-71 608 HYBRID GAS/ELECTRIC A/f; 820 UPPER TRIM LEVEL PKG:SPECIFY A L r /j ,f CAS 3,147 843 ADD DAYTIME RUNNING LIGHTS 670 ADDITIONAL INSTRUCTIONS ON EXHIBIT A 693 MEETS 2010 FED EMISSIONS DIESEL ENG Yes 694 DIESEL ENG B20 COMPLIANT yes 5 fQ 783 PHEV(PLUG IN HYBRID ELEC VEH) ,{/A 982 EXT WARRANTY-POWER TRAIN 5/104000 ,S yt /0000'0 ..�- .. GAS yao - /OSL /af.y Ld 741 w s vow/o%/✓ hs Via MEMORANDUM TO: Mayor and City Council FROM: Jerry Nye, Superintendent of Streets THRU: Randy Ready, Asst. City Manager DATE: April 12,2012 RE: Vehicle Replacement Contract Approval 2012-3 FM- REQUEST OF COUNCIL: Staff recommends approval of the contract 2012-3FM for the fleet replacement purchase of two (2) Chevrolet Equinox 4x4 SUVs. PREVIOUS COUNCIL ACTION: The 2012 Asset Management Plan contains the funds for these fleet replacement purchases. City Council approved the 2012 Asset Management Plan as part of the 2012 Budget. BACKGROUND: This purchase is the result of Colorado State bid process in which Dellenbach Motors was the low bidder for the small SUV vehicles. The new vehicles will be put on a 5-year 60,000 mile replacement cycle and will be reassessed for replacement at that trade-in time. DISCUSSION: One part of this year's fleet replacement plan includes the following replacements: • Parks Department will be getting rid of one Ford Escape and replacing it with one of the Chevrolet Equinoxes. The Equinox will be a small all-wheel drive 5-passenger cross over SUV. This vehicle will be equipped with a 2.4 liter 4 cylinder engine that is rated at 29MPG. This vehicle will still have the versatility to carry up to 5 passengers, and will also be utilized for hauling tools and supplies for various tasks by folding down the rear seats. • Community Development will be replacing one of its Chevrolet Trailblazers with one of the Chevrolet Equinoxes. The Trailblazer that they currently have has the V6 engine. The Equinox will have better fuel economy and will still have all-wheel drive for the inspectors to get to their remote locations. With these vehicles being rated at 29 MPG, their mileage rating is the same as the Ford Escape hybrid for approximately $10,000 less per vehicle. Page 1 of 2 FINANCIALBUDGET IMPACTS: Community Development has $22,000 in its fleet replacement budget. The Chevrolet Equinox purchase price is $21,259.00 and we will be receiving $7,700.00 for trade in on the Trailblazer. The Parks Department has a total of$167,076 in its fleet replacement budget for this year. The Chevrolet Equinox came in at $21,259.00 and we will be receiving $3,250.00 trade in value for the Ford Escape. The net total contract price is $31,568.00 for both vehicles after trade-in. ENVIRONMENTAL IMPACTS: The two Chevrolet Equinox vehicles will have the small 2.4 liter engine, with an estimated fuel mileage of 29 mpg. This is the same estimated fuel mileage as the Ford Escape hybrid and 9 mpg better rating than that of the Chevrolet Trailblazer that it will be replacing. RECOMMENDED ACTION: Staff recommends council approval of the contract 2012-3FM for the purchase of the two Chevrolet Equinox all-wheel drive vehicles for the City of Aspen. PROPOSED MOTION: / "I move to approve Resolution# 6 of 2012 on the consent calendar of Monday, 2012. CITY MANAGER COMMENTS: Ccat eu .t4 gP • ATTACHMENTS: Page 2 of 2 RESOLUTION NO:5 6 Series of 2012 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Dellenbach Motors , AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract between the City of Aspen, Colorado and Dellenbach Motors a copy of which contract is annexed hereto and made a part thereof. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section One That the City Council of the City of Aspen hereby approves that Contract between the City of Aspen, Colorado, and Dellenbach Motor . a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: , 2012 Michael C. Ireland Mayor I 1, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held , 2012 Kathryn S. Koch, City Clerk SUPPLY PROCUREMENT AGREEMENT CITY OF ASPEN BID NO. 2012- 3FM THIS AGREEMENT made and entered into, this 12`h day of April of 2012, by and between the City of Aspen, Colorado, hereinafter referred to as the "City" and Dellenbach Motors. , hereinafter referred to as the "Vendor." WITNESSETH, that whereas the City wishes to purchase. Two (2) new year model Chevrolet AWD Equinox Hereinafter called the UNIT(S), in accordance with the terms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT to the City as specified in its Bid. NOW, THEREFORE, the City and the Vendor, for the considerations hereinafter set forth, agree as follows: 1. Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Documents and more specifically in Vendor's Bid for the sum of Thirty One Thousand,Five Hundred Sixty Eight and no cents dollars ($31,568.00 ). 2. Delivery. (FOB 1080 POWER PLANT RD. ASPEN, CO.) 3. Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Documents are hereby made a part of this Agreement as if fully set out at length herein. 4. Warranties. A full description of all warranties associated with this purchase shall accompany this contract document. 5. Successors and Assigns. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Vendor respectively and their agents, representatives, employee, successors, assigns and legal representatives. Neither the City nor the Vendor shall have the right to assign, transfer or sublet its interest or obligations hereunder without the written consent of the other party. 6. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom Vendor or City may assign this Agreement in accordance with the specific written permission, any rights to claim damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. 7. Waivers. No waiver of default by either party of any of the terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. 7-PORCH [1] 8. Agreement Made in Colorado. The parties agree that this Agreement was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be exclusively in the courts of Pitkin County, Colorado. 9. Attorney's Fees. In the event that legal action is necessary to enforce any of the provisions of this Agreement, the prevailing party shall be entitled to its costs and reasonable attorney's fees. 10. Waiver of Presumption. This Agreement was negotiated and reviewed through the mutual efforts of the parties hereto and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of the Agreement. 11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Vendor certifies, by acceptance of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in any transaction with a Federal or State department or agency. It further certifies that prior to submitting its Bid that it did include this clause without modification in all lower tier transactions, solicitations, proposals, contracts and subcontracts. In the event that vendor or any lower tier participant was unable to certify to this statement, an explanation was attached to the Bid and was determined by the City to be satisfactory to the City. 12. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. Vendor warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Vendor for the purpose of securing business. Vendor agrees not to give any employee or former employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefor. Vendor represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. 7-PURCH [1] In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; 2. Debar or suspend the offending parties from being a vendor, contractor or sub-contractor under City contracts; 3. Deduct from the contract price or consideration, or otherwise recover, the value of anything transferred or received by the Vendor; and 4. Recover such value from the offending parties. 13. Termination for Default or for Convenience of City. The sale contemplated by this Agreement may be cancelled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 14. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of of those funds for payment pursuant to the terms of this Agreement. 15. City Council Approval. If this Agreement requires the City to pay an amount of money in excess of$10,000.00 it shall not be deemed valid until it has been approved by the City Council of the City of Aspen. 16. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees to meet all of the requirements of City's municipal code, section 13-98, pertaining to non- discrimination in employment. Vendor further agrees to comply with the letter and the spirit of the Colorado Antidiscrimination ACt of 1957, as amended, and other applicable state and federal laws respecting discrimination and unfair employment practices. 17. Integration and Modification. This written Agreement along with all Contract Documents shall constitute the contract between the parties and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor understands that no City official or employee, other than the Mayor and City Council acting as a body at a council meeting, has authority to enter into an Agreement or to modify the terms of the Agreement on behalf of the City. Any such Agreement or modification to this Agreement must be in writing and be executed by the parties hereto. 18. Authorized Representative. The undersigned representative of Vendor, as an inducement to the City to execute this Agreement, represents that he/she is an authorized representative of Vendor for the purposes of executing this Agreement and that he/she has full and complete authority to enter into this Agreement for the terms and conditions specified herein. 7-PURCH [11 IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three (3) copies, all of which, to all intents and purposes, shall be considered as the original. FOR THE CITY OF ASPEN: By: City Manager ATTEST: City Clerk VENDOR:hz.`C _i-AQ NtxLs 13 IXte97-2_,-0 Title.Vt a6( 7-PURCH [1] q $20,859.00 delivery total base 1-chevrolete equinox $400.00 $21,259.00 1-chevrolet equinox $20,859.00 $400.00 $21,259.00 Total $42,518.00 Trade in vehicles amount $42,518.00 ford escape 3,250.00 minus trade $10,950.00 chevy trail blazer 7,700.00 contract total I $31,568.00 total 10,950.00' Vie. MEMORANDUM TO: Mayor and City Council FROM: Richard Pryor THRU: Steve Barwick DATE OF MEMO: 2/13/2012 MEETING DATE: /23/2c i Z" RE: `Adoption of Updated Pitkin County Pre-Disaster Mitigation Plan. REQUEST OF COUNCIL: A request of council to approve Resolution # adopting the Pre-Disaster Mitigation Plan (PDMP) Update. (See attachment A) PREVIOUS COUNCIL ACTION: In 2006 council approved the 2005 Pre-Disaster Mitigation Plan. DISCUSSION: The purpose of the Pre-Disaster Mitigation Plan is to eliminate or reduce long-term risks to, people and properties due to natural and human-caused hazards within unincorporated Pitkin County, the City of Aspen, the Town of Snowmass Village and the Town of Basalt. Participating jurisdictions and a cross-section of representatives from throughout the community assisted with the development of this plan update, including data collection, public input on history, community assets and strategies, and identification of preferred mitigation alternatives. This plan update represents the collective work of the citizens, elected and appointed officials, and other stakeholders in the County. This plan update resulted in 48 mitigation actions which update, consolidate, and enhance the mitigation actions developed in the 2005 PDMP (summarized in Table 6-2 of the plan). Goals of the plan: Goal 1: Reduce the potential for impacts on human life and safety,property loss and damage to the natural environment by natural hazards. • Page I of Goal 2: Reduce the potential for impacts on human life and safety,property loss and damage to the natural environment by human-caused hazards. Objectives of the plan: Objective 1: Improve regional coordination, communication and emergency response capabilities between jurisdictions and agencies. Objective 2: Strengthen and enhance community policies, regulations and enforcement to mitigate and reduce impacts from hazards. Objective 3: Improve capabilities to map, characterize and update hazard areas. Objective 4: Continue to improve early warning and alerting systems to communities within hazard areas. Objective 5: Improve physical mitigation actions for high risk hazard areas. Objective 6: Improve training and public awareness for disaster mitigation. Objective 7: Improve the availability of critical infrastructure and reduce the threat to critical infrastructure. Objective 8: Improve hazard recovery capabilities and planning. The plan includes an updated risk assessment and hazard identification which contains information on four prioritized hazards; wildfire, winter storms, landslide/rock fall, and seasonal and flash flooding. A variety of other hazards is also covered; avalanche, drought, lightning, windstorms, and earthquakes. FEMA has given conditional approval to the plan pending adoption by the local participating jurisdictions, to include the City of Aspen. (See Attachment B) The deadline by which the City of Aspen must adopt the plan in order for FEMA to provide its final adoption is 1/12/2013. FINANCIAL/BUDGET IMPACTS: 1. FEMA requires that a local hazard mitigation plan be updated every 5 years in order for a local jurisdiction to be eligible to receive grant funding for the following programs: • Hazard Mitigation Grant Program. For long term mitigation after a disaster. • Pre-Disaster Mitigation Program. $500,000 available in Colorado p.a. • Flood Mitigation Assistance. Up to $150,000 available in Colorado p.a. • Repetitive Flood Claim $100 million available nationally p.a. Page 2 of 3 2. Currently there are no financial impacts as a result of this plan update. However, various departments may approach council with financial requests in the future in order to complete pre-disaster mitigation efforts. For example: a. Objective 3.5 in the plan states "Create usable mud and debris flow mapping." Such an undertaking may require additional funding for the engineering department. The plan estimates that such an undertaking has a county wide price tag of approximately $200,000. b. By contrast, Objective 4.3 states "Continue to improve the Mud and Flood Management Team with the involvement of Snowmass, Aspen and Carbondale. The estimated cost of this component is staff time. ENVIRONMENTAL IMPACTS: Adoption of the plan has no environmental impacts. Implementation of various aspects of the plan may have environmental impacts, however not necessarily within the City of Aspen jurisdiction. As examples, completion of the Basalt levee project will have some environmental impact and various storm water projects either within the City jurisdiction or not, may have environmental impacts. RECOMMENDED ACTION: Recommend approval of Resolution #54_ ALTERNATIVES: If Council chooses not to approve this plan, then City staff would need to prepare a separate plan per FEMA requirements, including conducting a full hazard mitigation planning process and submit to FEMA for individual review and approval, in order to be eligible for the listed federal grants. There are currently no staff allocated for such an undertaking. Such a process would need to be contracted out. (The cost of the updated plan provided to Council was $60,000 (grant funded)plus staff time.) PROPOSED MOTION: "I move to approve Resolution# CITY MANAGER COMMENTS: ATTACHMENTS: A—Pre Disaster Mitigation Plan B —FEMA "Approval Pending Adoption" notice C—Resolution#59"-- Page 3 of 3 • • _ • • a) _ �p fD O ^ O u. < n 0 N I= D =. Q -1 --1 n C. * N U' n tO CD d C � o no . • fl.-w m- o °3* °- o g �, o a < �o �, � a � � 00 oC� a -ern an , a. �, 5. co W N3 I ao ` 'n 0A- m . ° °' o = lam t0 0 CD al aX r la (i) g t•-i o. 5t, a g. co i EI a, 0 3 Z tc cc_ anmtn g rn : D GI 0 fr in ( m � � cry �` rP - I_ 0 N. t, rn sA C 1 co a3 g ` 3D >. Ra = C •. m Q rp 3 a° 1--• 9_3 ri. 5 -o . pp t - Fo c -13 -T, 3 a - =-,. -rz --- ri. _II _.‘ _....0 ri• = CD al � � v > _• .s rrn0 a) v o -< S^ al Z o 3 is 3 3 o . �` c rn zv a m cu c a > 0 2 a til °3 tc,C 0 m -n 0. ,., O rn m Z. D �' 0 0 i° W RESOLUTION # 5 J (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING A PRE-DISASTER MITIGATION PLAN WHEREAS, the City of Aspen may be at risk from a variety of natural or human caused hazards. such as wildfire, winter storms, and seasonal flooding, and WHEREAS, the City of Aspen wishes to be as prepared as possible to deal with such events in order to minimize loss of life and damage to property, and WHEREAS, the Federal Disaster Mitigation Act of 2000 (The Stafford Act) requires jurisdictions to prepare and adopt hazard mitigation plans before a disaster occurs in order to be eligible for future pre-disaster and post-disaster federal funding for mitigation purposes, and WHEREAS, this single All Hazards Pre-Disaster Mitigation Plan was created by the Pitkin County Office of Emergency Management with the participation of all incorporated jurisdictions within Pitkin County, and WHEREAS, The adoption of this Pre-Disaster Mitigation Plan by the City of Aspen, Pitkin County, Snowmass Village, and Basalt will allow all jurisdictions to be eligible for future pre-disaster and post-disaster federal funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, The City Council of the City of Aspen hereby approves and adopts the Pitkin County Emergency Operations Plan appended hereto as Attachment A. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 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 on , 2012 Kathryn S. Koch, City Clerk MEMORANDUM V "ca TO: Mayor and City Council FROM: Richard Pryor THRU: Steve Barwick DATE OF MEMO: 4/6/2012 MEETING DATE: 4/23/2012 RE: Adoption of Pitkin County Emergency Operations Plan. (Update- October 2011) REQUEST OF COUNCIL: A request of council to approve Resolution 4.3 CCf adopting the Pitkin County Emergency Operations Plan Update. (See attachment A) PREVIOUS COUNCIL ACTION: In 2003 council approved the 2003 City of Aspen Emergency Operations Plan. DISCUSSION: Title 24, Article 32, Part 2107, of the Colorado Revised Statutes, also known as the"Colorado Disaster Emergency Act" stipulates that each City shall be subject to its County's emergency management plan unless that City has adopted its own emergency management plan. Over the course of 2011, the Aspen Police Department contracted with a local vendor to update the 2003 City of Aspen Emergency Operations Plan (EOP). This update was completed in conjunction with the Pitkin County Office of Emergency Management with the goal of creating a single plan that would provide for emergency operations guidance for every jurisdiction within and including Pitkin County. The draft plan was completed in October 2011 and the Pitkin County Board of Commissioners approved the attached Emergency Operations Plan (See Attachment"A") in March 2012. The EOP was revised to: • Become compliant with the Federal Emergency Response Framework that allows the principals of planning, mitigation, response, and recovery to be seamlessly interoperable at the local, regional, state, and federal levels of emergency incident management. • Provide a single, comprehensive framework for the management of domestic incidents. • Provide the structure and mechanisms for the coordination of local support as well as coordination with State and Federal agencies. The EOP consists of three sections: 1. The Base Plan describes the structure and processes comprising a countywide approach to incident management designed to integrate the efforts and resources of local government, private sector, and non-governmental organizations. The Base Plan includes planning Page I of 2 assumptions, roles and responsibilities, concept of operations, incident management actions, and plan maintenance instructions. 2. Emergency Support Functions detail the missions, policies, structures, and responsibilities of local agencies for coordinating resource and programmatic support to local agencies or other jurisdictions and entities during incidents. 3. Supporting Documents Appendices provide other relevant, more detailed supporting information, including terms, definitions, acronyms, authorities, and a compendium of interagency plans. In the last 6 months the Pitkin County Public Safety Council has refocused its mission to concentrate on emergency preparedness, mitigation, response and recovery. Membership of the Public Safety Council has now been reframed to minor the format of the Emergency Operations Plan. Emergency Support Function "Lead" representatives now make up the voting membership of the Public Safety Council. The Public Safety Council members endorse this Emergency Operations Plan as being in the best interests of public safety for all Pitkin County constituents. FINANCIAL/BUDGET IMPACTS: 1. No additional resources are needed. Development of Emergency Support Functions is being completed using existing staff resources. 2. In the event of an emergency incident a unified County-wide approach is likely to lessen the financial burden on jurisdictions through use of shared resources. 3. The updated plan allows for a streamlined method to formally declare a disaster, allowing for access to state and federal resources and financial aid for short term emergency incident management& long term community recovery. ENVIRONMENTAL IMPACTS: Adoption of the plan has no environmental impacts. RECOMMENDED ACTION: Recommend approval of Resolution #_ ALTERNATIVES: If Council chooses not to approve this plan, then City staff would need to prepare a specific City of Aspen Emergency Operations Plan. This would duplicate the attached Pitkin County Emergency Operations Plan. There is no staff allocated for such an undertaking. PROPOSED MOTION: a "I move to approve Resolution # j 0 ,. CITY MANAGER COMMENTS: ATTACHMENTS: A—Pitkin County Emergency Operations Plan (Update— October 2011) B — Resolution #; Page 2 of 2 RESOLUTION # 3 5 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, ADOPTING AN EMERGENCY OPERATIONS PLAN WHEREAS, the City of Aspen may be at risk from a variety of natural or human caused hazards, such as wildfire, winter storms, seasonal flooding, and accidental or criminal incidents, and WHEREAS, the City of Aspen wishes to be as prepared as possible to deal with such events in order to minimize loss of life and damage to property, and WHEREAS, Title 24, Article 32, Part 2107, Colorado Revised Statutes, also known as the "Colorado Disaster Act" of 1992, stipulates that each City shall be subject to its County's emergency operations plan unless that City has adopted its own emergency management plan, and WHEREAS, in the interests of sharing and maximizing resources, and in coordination of emergency response, the City of Aspen wishes to be integrally involved in the development, maintenance and implementation of the Pitkin County Emergency Operations Plan, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, The City Council of the City of Aspen hereby approves and adopts the Pitkin County Emergency Operations Plan appended hereto as Attachment A. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 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 on , 2012 Kathryn S. Koch, City Clerk VI & MEMORANDUM TO: Mayor and City Council FROM: Lee Ledesma, Utility Operations Manager THRU: Dave Hornbacher, Director of Utilities & Environmental Initiatives DATE OF MEMO: April 16,2012 MEETING DATE: April 23,2012 RE: Aspen Energy Assurance Plan adoption REQUEST OF COUNCIL: Staff requests City Council formally adopt the Aspen Energy Assurance Plan (AEAP) and Resolution # 3 9 . The AEAP is attached as Exhibit A and the associated resolution is shown as Exhibit B. PREVIOUS COUNCIL ACTION: In October of 2010 City Council approved a contract award to Navigant Consulting to use the Department of Energy Grant funds the City received earlier that year to conduct a table top exercise and prepare the Aspen Energy Assurance Plan. BACKGROUND: In October 2009 staff submitted a grant application to DOE as part of the Recovery Act Federal funding, specifically the Local Energy Assurance Plan (LEAP) funds. In February of 2010 DOE awarded $8 million in federal stimulus money to help 43 communities across the country make emergency plans to restore power systems in the event of natural or other disasters. The cities included six in Colorado—Aspen, Aurora, Denver. Durango, Lakewood and Wheat Ridge. The City of Aspen received a grant in the amount of$59,193. DISCUSSION: The City of Aspen Electric utility has a primary responsibility for emergency response and energy resiliencies. By adopting the Aspen Energy Assurance Plan (AEAP), staff will have increased capacity to optimize staff capabilities, utility technology and emergency management functions for increased energy efficiency and a more reliable power supply. Through the AEAP, the City and collaborating partners are expecting to enhance the efficiency and reliability of Aspen electric service to its customers, increase power security to critical load customers, and provide Communications department and emergency responders with increased electric reliability and a list of critical load customers. The AEAP grant team--consisting of Lee Ledesma, Lauren McDonald, and Linda Manning--partnered with city facilities managers, emergency responders, and Pitkin County communications center to optimize the usefulness of the AEAP. Page I oft Table Top exercises were held on September 20, 2011. Nearly 40 City and County employees, as well as local utility company representatives from Holy Cross Electric and SourceGas, participated in the exercise. The Aspen Energy Assurance Plan team compiled questions, ideas, and lessons learned from the table top exercises into a document to guide future preparation strategies and provide content for the energy assurance implementation plan. FINANCIALBUDGET IMPACTS: Action items contained in the AEAP will be integrated in the Emergency Support Function#12 (Utilities) responsibilities as contained in the Pitkin County Emergency Operations Plan. ENVIRONMENTAL IMPACTS: By creating an AEAP that ties into Smart Grid technology and the use of renewables at City facilities in case of an extended energy outage, the creation of this federally funded Local Energy Assurance Plan complements with the recently created Pre- Disaster Mitigation Plan and the Pitkin County Emergency Operations Plan. RECOMMENDED ACTION: Staff recommends Council approve the Aspen Energy Assurance Plan and Resolution. ALTERNATIVES: 1. Modify the proposed Aspen Energy Assurance Plan and/or associated Resolution. 2. Address issues and action items stated in the Aspen Energy Assurance Plan in the context of an existing plan and modify that plan accordingly. CITY MANAGER COMMENTS: ATTACHMENTS: Exhibit A—Aspen Energy Assurance Plan Exhibit B —Resolution # -529 Page 2 of 2 RESOLUTION # $ 7 (Series of 2012) A RESOLUTION OF THE CITY OF ASPEN, COLORADO, ADOPTING THE ASPEN ENERGY ASSURANCE PLAN AND THE RECOMMENDATIONS OF THE NATIONAL ASSOCIATION OF STATE ENERGY OFFICIALS, THE STATE ENERGY ASSURANCE GUIDELINES, AND THE U.S. DEPARTMENT OF ENERGY'S LOCAL GOVERNMENT ENERGY ASSURANCE GUIDELINES. WHEREAS, the City Council has, through the creation of the Aspen Energy Assurance Plan, addressed emergency planning specific to the City of Aspen, Colorado energy systems; and WHEREAS , the City Council recognizes that adequate preparation for an all-hazards approach to energy assurance planning will prepare the city for numerous hazards across many categories, including sabotage and terrorism, civil disturbances, natural disasters, infrastructure failures, and public health emergencies, all of which are due to the interdependencies of the energy industry; and WHEREAS, local governments need to take an active role in mitigating the effects of energy supply disruptions and potential impacts on key local assets and critical services; and WHEREAS , though other entities may be responsible for generating, transmitting, distributing, and delivering energy to local jurisdictions, most key activities and energy consumption fall within local city boundaries; and WHEREAS , it is imperative that the city of Aspen understand its roles and responsibilities with regard to energy assurance and determine how these roles and responsibilities can most effectively be assumed; and WHEREAS, the Aspen Energy Assurance Plan (AEAP) was created to prepare for, and respond effectively to, an energy emergency at the local level; and WHEREAS, the AEAP is being adopted to develop response actions in close collaboration with regional, state, federal, and private section partners (e.g., energy utilities) until disrupted energy services (electricity, petroleum, and/or natural gas supplies) can be restored to serve the day-to-day energy needs of the local jurisdiction; and WHEREAS, the AEAP is being adopted to ensure that both the critical infrastructure and essential services that are dependent on energy systems and infrastructure are resilient or able to "bounce back" and be restored rapidly in the case of a disruption; and WHEREAS, the AEAP was created to complement and become a part of the existing Emergency Response and Continuity of Operations Plans (COOP); and WHEREAS, the AEAP supports the City of Aspen's Basic Emergency Plan and is designed to support and develop a robust response capability to a three-day (72-hour) energy emergency as a baseline planning criteria; and, WHEREAS, lifesaving and responder safety will always be the highest priorities in response to, and recovery from, an energy supply emergency; NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section One The City Council of the City of Aspen hereby approves the entitled "Aspen Energy Assurance Plan" as submitted to the Department of Energy. 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 , 2012. Kathryn S. Koch, City Clerk r THE CITY OF ASPEN MEMORANDUM V 'WI TO: Mayor and City Council Y Y FROM: Chris Everson, Affordable Housing Project Manager THRU: Scott Miller, Capital Asset Director DATE OF MEMO: April 16, 2012 MEETING DATE: April 23, 2012 RE: 2012 Burlingame Phase IIA AI Construction Contracts REQUEST OF COUNCIL: Staff seeks approval of contracts for 2012 Burlingame Phase IIA access/ infrastructure (AI) construction project. 1) Staff seeks approval of contract with Summit Consulting for 100% oversight and reporting of the installation of stormwater system, irrigation system and permeable pavers during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of $43,000. 2) Staff also seeks approval of contract with SourceGas for natural gas service extension including inspection during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$25,923. 3) Staff also seeks approval of contract with Lockton Companies LLC for procurement of Owner Controlled Insurance Program (OCIP) for the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$8,000. 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: In an effort to continue to fulfill the recommendations of the 2008 Alvarez & Marsal business process improvement 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 along with additional necessary procurement items to fulfill the needs of this project. Each of these providers 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. FINANCIAL/BUDGET IMPACTS: Thus far, procurement of the team is within budget and the status of each is shown below: Page 1 of 3 4 THE CITY OF ASPEN Contracts submitted for consent today 4/23/2012: 1 Contract Amount Budget Role Firm Purpose Status R.. Stormwater,Irrigation 100%Inspection, Submitted for and Permeable Pavers Summit Consulting Oversight& consent $43,000 $95,000 Installation Oversight Reporting 4/23/2012 Natural Gas Submitted for Service Extension consent $25,923 $50,000 Natural Gas SourceGas Including 4/23/2012 Inspection #sx Procurement and Initial Contract Administration of for$8,000 Insurance Procurement Lockton Insurance Owner Controlled ONLY $251,184 $250,000 Insurance Program Submitted for (OCIP) consent 4/23/2012 ITotal $320,107 $395,000 *** Initial professional services contract with Lockton will be for$8,000 only. Contract will be addended for actual insurance costs when insurance contracts are finalized and accepted with insurance underwriters. Pending contracts to be submitted for consent 5/14/2012: • Contract Proposed Budget Role rr;, Purpose Status Amount High Voltage Conduit Coming Inspection,Wire $516,000 $617,100 Undergrounding and Holy Cross P 5/14/2012 Inspection pull,Cut-over CoA Elect Coming $14,810 $20,000 Utilities Elect Engineer Exponential Eng. Infrastructure 5/14/2012 San Sewer San Coming TBD Agreement San Sewer Engineer 68 West(Sub to Aspen San) Observation/Inspe 5/14/2012 ction Pending Geotech Coming RFP TBD Pending Geotechnical Engineer TBD Testing/Inspection 5/14/2012 g i $530,810+ $637,100+ Totals Page 2 of 3 THE CITY OF ASPEN RECOMMENDED ACTION: 1) Staff recommends approval of contract with Summit Consulting for 100% oversight and reporting of the installation of stormwater system, irrigation system and permeable pavers during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$43,000. 2) Staff also recommends approval of contract with SourceGas for natural gas service extension including inspection during the 2012 Burlingame Phase IIA access / infrastructure (AI) 2012 construction project in the amount of$25,923. 3) Staff also recommends approval of contract with Lockton Companies LLC for procurement of Owner Controlled Insurance Program (OCIP) for the 2012 Burlingame Phase IIA access / infrastructure(AI) 2012 construction project in the amount of$8,000. CITY MANAGER COMMENTS: ATTACHMENTS: "Exhibit A": Professional Services Agreement with Summit Consulting "Exhibit B": SourceGas Service Extension Agreement "Exhibit C": Professional Services Agreement with Lockton Companies LLC Page 3 of 3 RESOLUTION # 0 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SUMMIT CONSULTING FOR 100% OVERSITE AND REPORTING OF THE INSTALLATION OF STORMWATER SYSTEM, IRRIGATION SYSTEM AND PERMEABLE PAVERS DURING THE 2012 BURLINGAME PHASE IIA ACCESS INFRASTRUCTURE CONSTRUCTION PROJECT 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 100% over site and reporting of the installation of stormwater system, irrigation system and permeable pavers during the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Summit Consulting, 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 100% over site and reporting of the installation of stormwater system, irrigation system and permeable pavers during the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Summit Consulting, 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 23rd 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 23, 2012. Kathryn S. Koch, City Clerk Exit' Lot-. the City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT-2010 City linorney$Office PROFESSIONAL SERVICES City of Aspen Project No.: AGREEMENT made as of 23rd day of April,in the year 2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Chris Everson Total: $38,982.00 plus Affordable Housing Project Manager reimbursable expenses 130 South Galena Street l� �I Aspen, Colorado 81611 T F 3 O UCH /rl ay 41.) Phone: (970)920-5055 ' i(i nt y v+.St,y 1<-1 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 Summit Consulting, Inc. until it has been approved by the City do Mak Keeling, Owner Council of the City of Aspen. 210 Lakeside Court City Council Approval: Basalt,CO 81621 Phone: 970-418-0233 Date: Resolution No.: For the Following Project: Burlingame Ranch Phase II- Civil Construction Inspection Access Infrastructure Construction 2012 Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work/Proposal and Hourly Fee Schedule Exhibit B: Not Used Agreement for Procurement and Professional Services Page 0 The City and Professional agree as set forth below. PROFESSIONAL SERVICES 6. 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. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than 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. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit A appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed the amount set forth above. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days from receipt of the Professional's bill. 9. Non-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. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs,reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement Agreement for Procurement and Professional Services Page 1 by the Professional,and the City may withhold any payments to the Professional for the purposes of set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional,or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act,omission, or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain Agreement for Procurement and Professional Services Page 2 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. . ... .. .. . . .. .. ... . .. u , _ . . __ . . DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property damage arising Agreement for Procurement and Professional Services Page 3 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. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovemmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Agreement for Procurement and Professional Services Page 4 Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term.No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens—CRS 8-17.5-101 & 24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "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: Ageement for Procurement and Professional Services Page 5 (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: (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 Agreement for Procurement and Professional Services Page 6 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. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: 1. Cancel this Purchase Agreement without any liability by the City; Agreement for Procurement and Professional Services Page 7 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. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Agreement for Procurement and 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: PROFESSION ___ [Signature] [Signature] / By: By: Mak Keeling_ [Name] [Name] Title: Title: Owner Date: Date: April 23, 2012 Approved as to form: City Attorney's Office • JPW-4/I 2/2012-6568448-M:\city\purchasing\Templates\Procurement&Prof Sery\Procurement&Prof Serv.doe Agreement for Procurement and Professional Services Page 9 EXHIBIT A Scope of Work/Proposal and Hourly Fee Schedule -C 17 lb tivSkti Agreement for Procurement and Professional Services Page 10 SUMMIT CONSULTING April 10th, 2012 City of Aspen 130 South Galena Street Aspen, CO 81611 Attn: Rebecca Hodgson, Purchasing Officer Re: Burlingame Ranch Phase II Civil Construction Inspection RFP Dear Ms. Hodgson, Summit Consulting, Inc. is pleased to present this proposal to provide Civil Construction Inspection services for the above referenced project. This proposal is based upon the Burlingame Ranch Phase II - Civil Construction Inspection, Access Infrastructure Construction 2012 RFP dated March 19, 2012; the Vendor Questions and Answers dated April 4, 2012; and the following: Statement of Oualifications (Company & Experience) Summit Consulting has over 25 combined years of experience in the Construction, Engineering & Owner's Representative fields. 15 of those years have occurred in the Roaring Fork Valley. Our specific infrastructure project experience in the Valley includes: • Burlingame Ranch Phase II - Peer Review • Base Village Phase 1 Infrastructure & Utilities - Engineer & Project Manager • Phase 2 Infrastructure & Utilities - Project Manager • Brush Creek Bridge - Project Manager • Funnel Bridge - Engineer & Project Manager • Main Street Bridge - Project Manager & Contractor • Snowmass Center Retaining Wall - Project Manager • 1,000,000 gallon water tank on Snowmass Ski Area - Project Manager & Contractor • Brush Creek Road Passing Lane - Engineer & Project Manager • Lower Carriage Way Snowmelt Improvements Project - Engineer & Project Manager In total, we have managed over $90 million of infrastructure and utility projects in the Roaring Fork Valley. In addition to the projects listed above our firm worked on the following projects in other mountain communities: • Wellington Neighborhood Phase II - Breckenridge - Engineer • Passage Point - Copper Mountain - Engineer • Corn Lot - Copper Mountain - Engineer • Maryland Creek Ranch - Silverthorne - Engineer • Silverthorne Outlet Mall Infrastructure Renovation - Silverthorne - Engineer Reference the attached sample daily log. Summit Consulting, Inc. 210 Lakeside Ct Basalt, CO 81621 970-418-0233 mkeeling @cosummitconstruction.com SUMMIT CONSULTING Personnel Our proposed project team possesses invaluable Civil construction experience and consists of the following individuals: • Mak Keeling, Owner & Project Executive Part-time • Tim Bottger, Senior Project Manager Part-time • Jeff Godfread, Field Inspector Full-time (Unless Noted Otherwise) • Brent Frazer, Assistant Field Inspector Part-time Reference attached resumes for additional information. Scope of Work Summit Consulting has a firm grasp of the scope of work for this project having both reviewed the RFP in detail and previously performed Peer Review of the project for the City. We have previously worked with several members of the established project team. Collaboration will not be an issue. Our goals are closely aligned with outlined inspection objectives of ensuring 100% conformance with the Contract Documents, done right the first time! Our team will not hesitate to immediately halt identified non-conforming work and insist that corrective action is performed to our satisfaction. We embrace the importance of Quality Control/Assurance to the success of this project. Technoloov Our Field Inspectors will be outfitted with digital cameras and tablets uploaded with the most recent Contract Documents. Field conditions will be documented in real time. In addition, several of our team members are proficient with AutoCad. Insurances Summit Consulting currently meets or exceeds the insurance requirements for this project with the exception of Automobile Liability insurance. We do not have company vehicles; however, compliance with this provision will not be an issue if awarded the project. Reference the attached insurance certificate for additional information. Proposal Summit Consulting, Inc. proposes to provide Civil Construction Inspection services consistent with the requirements of the RFP as follows: I. 2.1.a STORM SEWER for the lump sum of thirty-four thousand forty-two dollars and no cents ($34,042.00.) II. 2.1.b PERMEABLE PAVERS for the lump sum of three thousand six hundred two dollars and no cents ($3,602.00.) III. 2.1.c IRRIGATION SYSTEMS for the lump sum of one thousand three hundred thirty-eight dollars and no cents ($1,338.00.) Breakdown: Storm Sewer $34,042.00 Permeable Pavers $ 3,602.00 Irrigation Systems $ 1,338.00 Total $38,982.00 Summit Consulting, Inc. 210 Lakeside Ct Basalt, CO 81621 970-418-0233 mkeeling @cosummitconstruction.com SUMMIT CONSULTING Clarifications: 1. This proposal is based upon acceptance of all three scopes of work. Summit Consulting reserves the right to adjust individual scope of work estimates if they become severable. 2. This proposal is based upon both the sequencing and durations within the Haselden Construction schedule dated February 13, 2012 (run date.) 3. This proposal is based upon being provided access to the Haselden Construction site office and plans/specs. 4. This proposal is based upon a full-time Field Inspector for the Storm Sewer scope of work. 5. This proposal is based upon an approximately half time Field Inspector for the Permeable Pavers and Irrigation Systems scope of work. Exclusions: 1. Third Party Inspections/Geotechnical Services. 2. Surveying. 3. Design Liability. 4. Overtime. 5. Delays by Others. 6. Automobile Liability Insurance (reference previous clarification.) Reimbursable Rates (for requested additional scope): • Project Executive: $100.00/hr • Senior Project Manager: $75.00/hr • Field Inspector: $55.00/hr • Assistant Field Inspector: $35.00/hr • Travel: $0.50/mile • Printing: Invoices from Basalt Printing will be provided to Owner for reimbursement (no markup). Thank you for your consideration. Sincerely, 7'7'2 // Mak Keeling, Owner Summit Consulting, Inc. 210 Lakeside Ct Basalt, CO 81621 970-418-0233 mkeeling @cosummitconstruction.com V WO RESOLUTION # (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND SOURCE GAS FOR NATURAL GAS SERVICE EXTENSION AND INSPECTION DURING THE 2012 BURLINGAME PHASE IIA ACCESS INFRASTRUCTURE CONSTRUCTION PROJECT 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 natural gas service extension, and inspection during the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Source Gas, 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 natural gas service extension and inspection during the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Source Gas, 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 23`d 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 23, 2012. Kathryn S. Koch, City Clerk Ex_ ktbtu 13 Gas C0120170001 CITY OF ASPEN GAS SERVICE EXTENSION AGREEMENT (Agreement Covering Advances in Aid of Construction) THIS GAS SERVICE EXTENSION AGREEMENT ("Agreement"), is made and entered into this 29th day of March, 2012 ("Effective Date") by and between City of Aspen ("Developer"), and SourceGas Distribution LLC, a Delaware Limited Liability Company ("Company"). In consideration of the promises and other valuable consideration herein acknowledged,the parties agree as follows: 1. Developer is desirous of securing for future customers of natural gas service to the development (as defined in Paragraph 2 below). Company is desirous of furnishing such service in accordance with the rates, terms, and conditions set forth in Company's applicable Tariff filed with the Colorado Public Utilities Commission ("Commission"). In addition to the payment as a contribution in aid of construction to be made by Developer to Company as provided for below, Developer must comply with the terms and conditions of Company's applicable Tariff to receive natural gas service. For purposes of this Agreement, Developer is not a customer, as defined in Company's applicable Tariff. 2. (A) In order to provide the natural gas service, it will be necessary for Company to construct approximately 3,300 foot of 2 inch gas distribution main to the following premises identified as: Burlingame Phase II ("Extension"), which will include, among other work, the trenching and backfilling of the pipeline. The specific boundaries of the development covered by this Agreement, and the proposed routing of the gas main(s) or service line is North of the end of Harmony Road., and East Mining Parkway . Developer, at Developer's cost, may elect to dig or cause to be dug the trench and the backfilling of the trench for the natural gas pipeline to be placed into service by Company, which trenching and backfilling work will be performed in accordance with the specifications described on Addendum A of this Agreement and coordinated in advance with Company. The work performed or caused to be performed by Developer must be acceptable to Company. For the purposes of this Agreement: X Yes, Developer has elected to and will perform or cause to be performed the trenching and backfilling as provided for above. No, Developer has elected not to perform the trenching and backfilling and such work will be performed by Company and the cost included in the amount of the contribution in aid of construction payment to be made by Developer to Company. 1 Gas (B) Developer shall pay to the Company, in advance of commencement of construction, as a contribution in aid of the construction of the Extension the amount of $25,923.00, of which $21,784.00 may be available for refund to Developer as provided tor below. Such payment shall be paid by check payable to: SourceGas Distribution LLC. Company does not authorize, and Developer should not remit, payment to any other person, individual or entity. 3. (A) Company agrees that for all customers of Company, connected to the subject Extension and served by Company within three (3) years from the Effective Date of this Agreement ("Refund Eligibility Period"), Company will make a one time refund to the Developer of an amount equal to $790.00 for each customer so connected. However, the total of all such refunds shall not exceed under any circumstance and Company shall have no obligation whatsoever to refund to the Developer any amount in excess of $21,784.00. For the purposes of this Agreement, customer shall be defined as any individually-metered end user connected to the extension with either natural gas as the primary space heating and water heating, or natural gas appliances of comparable annual load, as determined by Company. (B) With respect to the applicable Base Rate Area (check the applicable Base Rate Area below): X Base Rate Area 1: In cases where a connected customer of Company will have annual usage greater than 757 therms/year, the refund to the Developer under this Agreement may be increased by Company by the amount of$2.40 for each therm of annual usage by the customer greater than 757 therms/year; Base Rate Area 2: In cases where a connected customer of Company will have annual usage greater than 760 therms/year, the refund to the Developer under this Agreement may be increased by Company by the amount of$2.20 for each therm of annual usage by the customer greater than 760 therms/year; subject to the limitations and provisions of this Agreement, the terms and conditions set forth in Company's applicable Tariff, as amended from time to time, the rules and regulations of the Commission and applicable law. (C) Developer's entitlement to refund shall not apply to any customers connected and served off of any future extensions(s), or laterals coming off of the Extension. Developer specifically understands, acknowledges, and agrees that the Company has the right to make further extensions(s) to or laterals off of the Extension, including any extensions or laterals that extend beyond the physical boundaries covered by this Agreement,without any refund obligation whatsoever to Developer. (D) Developer will make a reasonable attempt to provide Company a list of new connection addresses once annually, and prior to the termination date of this Agreement. 4. Company will endeavor to construct the Extension within a reasonable time period, subject to applicable laws, rules and regulations of governmental authorities, and subject to any delay occasioned by lack of right-of-way, availability of materials and supplies, force majeure or events or conditions of whatsoever nature reasonably 2 Gas beyond the Company's control, and further conditioned upon the receipt of all required approvals and consents in form and substance acceptable to Company. 5. Company shall not be obligated to commence the construction of the Extension or provide service to Customer unless and until: (a) customer has caused the right-of- way for the main extension or service line to be clearly staked on the ground; (b) such right-of-way has been reduced to final grade and cleared of all obstructions of any kind consistent with the requirements set forth in Addendum A attached to this Agreement; (c)at no cost to Company, all necessary easements and rights of way have been executed, acknowledged and delivered to Company in a form acceptable to Company; (d) customer has satisfied all the terms and conditions for service in accordance with Company's applicable Tariff; and (e) customer has paid to Company the full amount of the contribution in aid of construction as set forth in this Agreement. 6. Title to and ownership of the Extension, including the main extension or service line, pipes and appurtenances, connections thereto and extensions thereof and laterals off of, and including the right to use, operate and maintain same, shall forever be and remain exclusively and unconditionally vested in the Company. Developer understands, acknowledges and agrees that Developer shall have no title to, interest in, or ownership of the Extension including the main extension or service line, pipes and appurtenances, connections thereto and extensions thereof and laterals off of the Extension. 7. The decision to make new connections and provide new natural gas service to future customers off of the Extension shall be at the sole discretion of Company, in accordance with its applicable Tariff and the rules and regulations of the Commission in effect at the time of such new connection or new natural gas service. 8. Further, if, at any time after the Effective Date of this Agreement, a moratorium on or curtailment of new or additional natural gas service or connections is imposed upon the Company's system, whether by the Company or governmental authority, the Company shall have no obligation or liability whatsoever to Developer for such a moratorium, or for not making any new connections for natural gas service, or for not providing such natural gas service to new customers within the stated Refund Eligibility Period, or to refund to Developer any amount of the contribution in aid of construction made by Developer to Company for the cost of the Extension. Any such moratorium period shall not serve to extend, or be the basis for Developer to assert any extension of, the Refund Eligibility Period. There shall be no extension of the Refund Eligibility Period. 9. Company and Developer acknowledge that there are no agreements or understandings, written or oral, between the parties related to the Extension, including the main or service line, other than as set forth in this Agreement, and that this Agreement (including the attached addenda) contains the entire agreement between the parties hereto. This Agreement may not be amended, altered, or modified except by written amendment signed by both of the parties. 10. This Agreement shall be governed in accordance with the laws of the State of Colorado, including, but not limited to, all applicable tariffs. In the event of a conflict 3 DocuSign Envelope ID:3CA3688F-EE36-46E8-BE4C-8874ED2E5A0B III Source Gas between this Agreement and any applicable laws, regulations or Tariff provisions, such laws,regulations or Tariff provisions shall control. 11. The following are by this reference made a part of this Agreement. Addendum A-Requirements for Providing Trench and Backfill Addendum B -Scheduling Requirements 12. This Agreement will be for a term of three(3)years, commencing as of the Effective Date. Within ninety (90) days after the expiration of this Agreement ("Claim Submission Period"), Developer must submit to Company any outstanding claims of Developer under this Agreement. Upon the expiration of the Claim Submission Period, it is expressly understood and agreed to by Developer that Company shall have no obligation whatsoever to make any refunds to Developer not requested prior to, or during,the Claims Submission Period. 13. The Agreement shall be binding upon the parties hereto and their respective successors and assigns; provided, however, that Developer shall not have the right to assign this Agreement without the express prior written consent of Company, which consent will not be unreasonably withheld. 14. In the event Company is required to initiate litigation to enforce the terms and conditions of this Agreement,then Company shall have the right to recover from Developer the Company's costs and expenses of such litigation,including reasonable attorney fees. 15. Developer expressly acknowledges that it has been afforded an opportunity to have its lawyer review and explain the terms of this Agreement. Executed to be effective as of the Effective Date stated above. CITY OF ASPEN SOURCEGAS DISTRIBUTION LLC —DoriSipned by: B NAG lUl hhef y By\�681AE94004D2418... Name: Name: Title: Title: 4 Gas ADDENDUM A MINIMUM REQUIREMENTS FOR PROVIDING TRENCH AND BACKFILL 1. Trench depth for all mainlines (gas) will be between twenty four(24) inches and thirty six(36) inches, with thirty(30) inches being the ideal depth. Note: This depth is from finish grade; developer to insure final grade determination. 2. Trench location will be in utility easement(at a point most distant from road), or along county right-of-way, and will be the developer's responsibility to insure proper location. Developer is responsible for all county permits. 3. Clearances are 5 feet horizontally from underground electric, and 3 feet horizontally from all other underground utilities. A crossing of other utilities or buried structures requires 1-foot vertical separation,while maintaining minimum depth. All ditch crossings will be a minimum of 3 feet below the bottom of the ditch.No gas main will be placed under a house, shed, or other enclosed structure. 4. Gas line shading(fill directly touching gas line)will be done with native fill, 1/2 minus bedding or sand that has no rocks or stones larger than %"(by Hand)to cover the pipe for a depth of between six(6)and twelve(12) inches, at which point the warning tape may be installed over the gas line. 5. Trench filling can be done at this point. Note: Filling must be completed within 48 hours of energizing of gas line. Developer is responsible for trench settling, etc. 5 Gas ADDENDUM B SCHEDULING REQUIREMENTS PURPOSE: In order to be completely fair to all contractors and enable Company to comply with an efficient schedule and continue to provide low cost installation of gas lines,the following policies will be in effect. SCHEDULING: At the time of contract signing(or as soon after the signing as possible)the representative from Company and the Developer will schedule a day for work to begin on the main gas line. INSTALLATION: Company crews, or their designates, will show up on the scheduled day and commence work. SITE NOT READY: When Company crews or their designates show up on the scheduled day and the site is not ready for Company to commence work,a charge equal to one crew day will be assessed plus mobilization and de-mobilization charges and the entire job will need to be rescheduled. EARLY NOTICE: Early notice to Company of the site not being ready(3 working day advance notice)will eliminate the assessment of the trip charge but will require the Developer to go to the bottom of the waiting list for rescheduling. START DATE: The start date is: A- -1) ,ayt;u % -'n iZ (ce4 4_a c 4 1 s' reschedule date: 2nd reschedule date: 3rd reschedule date: 6 14 iA U) ,n z 0 N�' Si I O \ �J U 'T o W SSj„ U) [1:y Z Fin- qZ O z OT ', 'C) O Z J 0 5 Se W Q .E 3 2 > O z y U) J U O a 1u Wga.vi 3v- ill °>w . Z co W Till F i ~ 1qq- w_R- O J ~ \ J W z T 0 a w x oZ a a m C LN;r' o O Q re r xt z ? a u) J O A 0 CC w cn o 01) h z - < re ca O co O a o FZ O F Z �, �3 _i < J O 0 J 1- q F 3 rt. . > 3 F Z w Z x W CO W a. O 0 < re O Q O �O 0U_' XX O aQ W _ t- n = C7 W Z f K Z J -I 3 VJ F- N _n N F ( Z >i 111 (.9 Z CO K N Y W. O ft a' U ' ? Q ? 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Z O O �' ‘.9 '-,;. w 0 U (co W U ~ ai '� Clz � � Ol,ww2a U � c9a � vOi � yow F �co re �Oga a } adzZ ZP laWima - CC zwirz 20Fuwim aiz C) E 1- a00x cc c7Q �nFF � O I' � � w � wla— F � o zzQ ° Z c=7 tx w o In v g ° ° Z w ix _O J N 03 Et, z en O c m to 0 r.) 3 a~i - O C O 0 Q a m 00 m C 3 UU) O iO 0 t- 10 > W E � _ Ll I—�I z, Z _ Z o 0 O 0 0 0 0 O 0 0 0 0 Z O N r I r d O a.. io O o O 0 0 C o 0 0 0 O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o C o WO o O 1 it W O O N W O r O N�y M R O O N N W O O N(� U) It 0 0 C O O r r I— V' N r 11. Cl N N N U) to U) C) C) I Q of V N N Cl N N P1 to to N En co co co u) co co en w co en co U) w w (0 0) Cl) U) 0) Cl) en co 1 co m co (0 co co 0 co co W 2 ° co ILL 0 K RESOLUTION # f�� V� 0 ) (Series of 2012) � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN AND LOCKTON COMPANIES LLC FOR PROCUREMENT OF OWNER CONTROLLED INSURANCE PROGRAM FOR THE 2012 BURLINGAME PHASE IIA ACCESS INFRASTRUCTURE CONSTRUCTION PROJECT 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 procurement of Owner Controlled Insurance Program for the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Lockton Companies LLC., a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for the procurement of Owner Controlled Insurance Program for the 2012 Burlingame Phase IIA access infrastructure construction project, between the City of Aspen and Lockton Companies LLC., a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23`d 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 23, 2012. Kathryn S. Koch, City Clerk • The City of Aspen CITY OF ASPEN STANDARD FORM OF AGREEMENT-2010 City Mainers Mee PROFESSIONAL SERVICES City of Aspen Project No.: AGREEMENT made as of April 23,2012. BETWEEN the City: Contract Amount: The City of Aspen c/o Chris Everson Total: $ 8,000 Affordable Housing Project Manager 130 South Galena Street Per proposal attached. 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 Lockton Companies LLC until it has been approved by the City P Council of the City of Aspen. c/o Stacy Pocrass 8110 E. Union Avenue, Suite 700 City Council Approval: Denver, CO 80237 303 414-6174 Date: Resolution No.: For the Following Project: Burlingame Phase II Civil Infrastructure Construction Services: Procurement of Owner Controlled Insurance Program(OCIP)per coverage shown in included proposal. Exhibits appended and made a part of this Agreement: Exhibit A: Scope of Work/Proposal Exhibit B: Hourly Fee Schedule The City and Professional agree as set forth below. Agreement for Procurement and Professional Services Page 0 PROFESSIONAL SERVICES 6. 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. 7. Completion. Professional shall commence Work immediately upon receipt of a written Notice to Proceed from the City and complete all phases of the Scope of Work as expeditiously as is consistent with professional skill and care and the orderly progress of the Work in a timely manner. The parties anticipate that all Work pursuant to this Agreement shall be completed no later than April 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. 8. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall 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. 9. 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. 10. Termination of Procurement. The sale contemplated by this Agreement may be canceled by the City prior to acceptance by the City whenever for any reason and in its sole discretion the City shall determine that such cancellation is in its best,interests and convenience. 11. Termination of Professional Services. The Professional or the City may terminate the Professional Services component of this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the termination. Upon any termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports or other material prepared by the Professional pursuant to this Agreement shall become the property of the City. Notwithstanding the above, Professional shall not be relieved of any liability to the City for damages sustained by the City by virtue of any breach of this Agreement by the Professional, and the City may withhold any payments to the Professional for the purposes of Agreement for Procurement and Professional Services Page 1 set-off until such time as the exact amount of damages due the City from the Professional may be determined. 12. Independent Contractor Status. It is expressly acknowledged and understood by the parties that nothing contained in this agreement shall result in, or be construed as establishing an employment relationship. Professional shall be, and shall perform as, an independent Contractor who agrees to use his or her best efforts to provide the said services on behalf of the City. No agent, employee, or servant of Professional shall be, or shall be deemed to be, the employee, agent or servant of the City. City is interested only in the results obtained under this contract. The manner and means of conducting the work are under the sole control of Professional. None of the benefits provided by City to its employees including, but not limited to, workers' compensation insurance and unemployment insurance, are available from City to the employees, agents or servants of Professional. Professional shall be solely and entirely responsible for its acts and for the acts of Professional's agents, employees, servants and subcontractors during the performance of this contract. Professional shall indemnify City against all liability and loss in connection with, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax law, with respect to Professional and/or Professional's employees engaged in the performance of the services agreed to herein. 13. Indemnification. Professional agrees to indemnify and hold harmless the City, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damage, including without limitation claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever, which arise out of or are in any manner connected with this contract, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence, or other fault of the Professional, any subcontractor of the Professional, or any officer, employee, representative, or agent of the Professional or of any subcontractor of the Professional, or which arises out of any workmen's compensation claim of any employee of the Professional or of any employee of any subcontractor of the Professional. The Professional agrees to investigate, handle, respond to, and to provide defense for and defend against, any such liability, claims or demands at the sole expense of the Professional, or at the option of the City, agrees to pay the City or reimburse the City for the defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission,or other fault of the City, its officers, or employees. 14. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain Agreement for Procurement and Professional Services Page 2 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) Comprchcnshc Automobile Liability insurance with minimum combined cinglc limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS 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 (iv) Professional Liability insurance with the minimum limits of ONE MILLION DOLLARS ($1,000,000) each claim and ONE MILLION DOLLARS ($1,000,000) aggregate. (c) The policy or policies required above shall be endorsed to include the City and the City's officers and employees as additional insureds. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or employees, or carried by or provided through any insurance pool of the City, shall be excess and not contributory insurance to that provided by Professional. No additional insured endorsement to the policy required above shall contain any exclusion for bodily injury or property Agreement for Procurement and Professional Services Page 3 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. 15. City's Insurance. The parties hereto understand that the City is a member of the Colorado Intergovernmental Risk Sharing Agency (CIRSA) and as such participates in the CIRSA Proper- ty/Casualty Pool. Copies of the CIRSA policies and manual are kept at the City of Aspen Risk Management Department and are available to Professional for inspection during normal business hours. City makes no representations whatsoever with respect to specific coverages offered by CIRSA. City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 16. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 17. Notice. Any written notices as called for herein may be hand delivered or mailed by certified mail return receipt requested to the respective persons and/or addresses listed above. 18. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Agreement for Procurement and Professional Services Page 4 Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 19. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 20. Execution of Agreement by City. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein, this Agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence)to execute the same. 16. Illegal Aliens—CRS 8-17.5-101 &24-76.5-101. (a) Purpose. During the 2006 Colorado legislative session, the Legislature passed House Bills 06-1343 (subsequently amended by HB 07-1073) and 06-1023 that added new statutes relating to the employment of and contracting with illegal aliens. These new laws prohibit all state agencies and political subdivisions, including the City of Aspen, from knowingly hiring an illegal alien to perform work under a contract, or to knowingly contract with a subcontractor who knowingly hires with an illegal alien to perform work under the contract. The new laws also require that all contracts for services include certain specific language as set forth in the statutes. The following terms and conditions have been designed to comply with the requirements of this new law. (b) Definitions. The following terms are defined in the new law and by this reference are incorporated herein and in any contract for services entered into with the City of Aspen. "Basic Pilot Program" means the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, that is administered by the United States Department of Homeland Security. "Public Contract for Services" means this Agreement. "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: Agreement for Procurement and Professional Services Page 5 (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: (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 Agreement for Procurement and Professional Services Page 6 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. 21. Warranties Against Contingent Fees, Gratuities, Kickbacks and Conflicts of Interest. (a) Professional warrants that no person or selling agency has been employed or retained to solicit or secure this Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Professional for the purpose of securing business. (b) Professional agrees not to give any employee of the City a gratuity or any offer of employment in connection with any decision, approval, disapproval, recommendation, preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to this Agreement, or to any solicitation or proposal therefore. (c) Professional represents that no official, officer, employee or representative of the City during the term of this Agreement has or one (1) year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof, except those that may have been disclosed at the time City Council approved the execution of this Agreement. (d) In addition to other remedies it may have for breach of the prohibitions against contingent fees, gratuities, kickbacks and conflict of interest, the City shall have the right to: Agreement for Procurement and Professional Services Page 7 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. 22. Fund Availability. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted and otherwise made available. If this Agreement contemplates the City utilizing state or federal funds to meet its obligations herein, this Agreement shall be contingent upon the availability of those funds for payment pursuant to the terms of this Agreement. 23. General Terms. (a) It is agreed that neither this Agreement nor any of its terms, provisions, conditions, representations or covenants can be modified, changed, terminated or amended, waived, superseded or extended except by appropriate written instrument fully executed by the parties. (b) If any of the provisions of this Agreement shall be held invalid, illegal or unenforceable it shall not affect or impair the validity, legality or enforceability of any other provision. (c) The parties acknowledge and understand that there are no conditions or limitations to this understanding except those as contained herein at the time of the execution hereof and that after execution no alteration, change or modification shall be made except upon a writing signed by the parties. (d) This Agreement shall be governed by the laws of the State of Colorado as from time to time in effect. Agreement for Procurement and 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: [Signature] [Signature] By: By: [Name] [Name] Title: Title: Date: Date: Approved as to form: City Attorney's Office • JP W-4/16/2012-6568448-M:\city\purchasing\Templates\Procurement&Prof Sery\Procurement&Prof Serv.doc Agreement for Procurement and Professional Services Page 9 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: [Signature] [S • ] By: By: • /41 A [Name] [Name] Title: Title: E1111 Date: Date: Approved as to form: City Attorney's Office • JPW-4/16/20 12-6568448-M9city\purchasing\Templates\Procurement&Prof Sery\Procurement&Prof Sery doc Agreement for Procurement and Professional Services Page 9 EXHIBIT A Scope of Work See proposal Agreement for Procurement and Professional Services Page 10 EXHIBIT B Hourly Fee Schedule N/A • • Agreement for Procurement and Professional Services Page 11 AN INSURANCE PROPOSAL Prepared for City of Aspen for the Burlingame Ranch Phase II Project Lackton Companies thanksyou for the opportuni9 to tun-_your insurance and risk management program. This summag is a beef overview of that program and is based on the exposure information you provided. Please refer to the polities for complete terns, eonditiwu,limitations,definitions,and exclusions. Higher limits may be available upon request. Lockton Companies does not guarantee,or make any representation in regard to,and expressly disclaims responribi/ip,for,the financial condition of insurance companies with which we place business. Any rating irfoemation contained in this document has been obtained by a thud par rating agesJ,and we do not represent or warrant its accuracy. Lockton®Companies 8110 East Union Avenue, Suite 700 Denver, CO 80237-2966 Phone (303) 414-6000 Fax (303) 865-6000 TABLE OF CONTENTS Page Account Management Team 3 Important Issues 4 Acknowledgement 6 Summary of OCIP Quotes 7 Lockton Administration and General Services 8 Commercial General Liability 11 Excess Liability 18 Contractors Environmental Impairment Liability 20 Builders Risk (including Earthquake and Flood) 24 48569:AA-Cite of Aspen\I'soposals and Summaries\prop 0412dncx City of Aspen/April 12,2012-2 ACCOUNT MANAGEMENT TEAM Lockton Companies 8110 East Union Ave.,Suite 700 Denver, CO 80237 Phone(303) 414-6000 S Fax(303) 865-6000 EXECUTIVE VICE PRESIDENT, PRODUCER: Marc Beasley (303) 414-6406 E-mail address: marc.beasley @lockton.com VICE PRESIDENT, • OCIP ACCOUNT EXECUTIVE: Stacy Pocrass (303) 414-6174 E-mail address: stacy.pocrass @lockton.com • OCIP ACCOUNT MANAGER: Matt Goss (303) 414-6215 E-mail address: matt.goss @lockton.com OCIP ACCOUNT ADMINISTRATOR: Emmy Jennings (303) 414-6483 E-mail address: emmy.jennings @Iockton.com OCIP ADMINISTRATOR: Sandy Gibbons (303) 414-6011 E-mail address: sandy.gibbons @lockton.com OCIP ADMINISTRATOR: Diane Gibbons (303) 414-6408 E-mail address: diane.gibbons @lockton.com 4856913.-Ctiy of AspenAProposals and Summnres\prop 0412.don. City of Aspen/April 12.2012-3 IMPORTANT ISSUES Lockton Companies thanks you for the opportunity to handle your insurance and risk management program. This insurance proposal provides an overview of that program and is based on the exposure information you provided. Please refer to the policies for complete terms,conditions, limitations, definitions, and exclusions. Higher limits may be available upon request. As part of our commitment to you, the following provides a summary of important information you should know: Broker Disclosure Lockton represents you as an insurance broker in soliciting insurance coverage proposals from insurers and placing insurance contracts on your behalf. Lockton may be eligible to receive the following types of compensation as a result of the sale of insurance to you: • Base commission (may differ depending on the product,insurer, and/or other intermediary) • Additional compensation based upon other factors,such as premium volume placed with a particular insurer or through a particular intermediary and loss or claims experience • Interest or investment income on premiums or return premiums temporarily held by Lockton • Service fees or other compensation from premium finance companies for administrative services provided to, or on behalf of,the premium finance companies relative to the financing of client insurance premiums Communication Any requests that you make to confirm,bind, or alter your insurance program through e-mail,voice mail,or other automated systems will not take effect until you receive written communication from your Lockton representative. Claim Reporting Requirements Changing market conditions have had an adverse effect on many carriers'claim reporting terms and conditions. Many policy forms now include verbiage that severely restricts or negates coverage should a carrier not be immediately notified of a claim or potential claim. Refer to your policies for a more complete explanation of your carrier's reporting requirements. FEMA Flood Zone Information This proposal is based on information regarding the FEMA flood zone determination for your property that is currently available to Lockton. Such determinations are subject to change at any time and Lockton cannot be held responsible for any changes in the flood zone determination reflected herein subsequent to the date of this proposal. State Assessments and Surcharges Your policy may be subject to state assessments and surcharges that may alter your base premium. Although we routinely try to gather this information in the quotation process,it is not always available. 45069.AC'-City of AspasApmpe als and 5ummades\prop 0412 docc CM of Aspen/April 1].3012-4 IMPORTANT ISSUES Nonadmitted Carriers (Surplus Lines) This is to inform you that some of your policies may have been placed with a nonadmitted carrier. If all or part of your coverage is written through a nonadmitted carrier,it will be so indicated in the individual coverage section. Nonadmitted carriers are neither licensed by nor under the supervision of the state department of insurance. If a nonadmitted carrier becomes insolvent,it is unlikely that the State Guaranty Fund will respond(State Guaranty Funds typically only apply to admitted carriers and provide limited,if any,coverage). For an overview of each state's provisions,go to: http://ncigf.org/GF-laws-and-summaries-by-state 41569:\Y'-CLy of Aspen AProposals and Summaries prop 0412duct, City of Aspen/April 12 2012-5 ACKNOWLEDGEMENT Proposal Acknowledgement Please let us know if you have any questions concerning any definitions,terms, conditions, or exclusions contained in this proposal. I have read the proposal and acknowledge that the terms,limits of liability,and exposures are accurate. This proposal must be accepted by May 15,2012,otherwise it may be subject to renegotiation and may result in different terms or conditions for which Lockton Companies cannot be responsible. Acknowledgement Signed Title Company 48369;AC'-City of Aspen Proposals and Summaries\prop 0412 does City of Aspen/April 12,2012-6 dEN. XC 0 nc 'N' � a � y 0 o C m o ^ m N 0 0 CO _ o o .d I E c m ,o v e v M t 0 0 ti c i9Y T 0 hVMC _ -411-A& N < en C a n d '^ +^ `T E N cnd �3 c {o_ b V) m c E tI o ` C o J a o a o o- > v o o A > o u i_ c t c E Li a) a) o O 2' i° a w i z a, ' -o ?, E c 0. E w0+ a, E v H w 0 °0 Lv 0 U .iv y • E .'n a 0 U C z 0 0 v u°a, la O E Lmrn liflw u - w 7aa " v D 47 L a 7 m E v a) !_ N " "- E0¢SoE & E ar vEvE " °'a vE cm ID B c 7 „a;w .°1.• 0 aim € E � '� E] �>.a vv�� N m V 00 O J>,M• O r J 700—_ 'dal 70 O D CU y ,` = O J V 9 ❑ N 'n 0 `l lY7 O a L 4'O yr C C u Q o Voo L W a 4' O w e `w v 0 Ln co al x O ofd m a' O q m— m d- 0 go n o u 0 aU' O_ dIZZON W a W 0. < 01,..1 olLI3 >> I o aIl W V) Oo 0 0 0 0 0 V 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0-0 0 0 0 0 0 W 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000-0 000 00 0 000000 0000'c 00000 2 vi o 0 0o vi coo 00o d u—cvia O O O O 1n 0 N O O 0 0 N 0 0 0 0 0 0 N N N OOOOMW X 47400 00 Vi 000 O0VI 4R+R 4 O N N N N O O n a M R N h h N 4 {R iR CA-M ilM MIR*Pr WW u M{R o E J c ❑ U, V c In " = u Ln .0 i �E O O y O O aF ›- N N n N N L > U S ❑ ❑ ❑ ❑ ao � H co F-co Z > > T O c C-0 ti —Ti a l a'> O o.W > c W i. N z > a co a x u E X E x c F u ,.°' >< Ur � EQ au- vu-0Q Y C o n a+ o U¢ y 0 a m c c o E "" " E N uo o-- m A o L W 2 O . d =u¢ o C Z u c Z ¢ c Z I-1 .. — .. Ti O 0 > Et LL " O y Z.O w w " 04,, 0 10 0 0 u o O q X Z. O 0 .7 E'e N V J L c� d u V a 6 a Io p m U .E 0 0 al ~ t l_ G Z a d 0. L.:3 O p Y O a p K O 2 u S aO V= " V a `y A O m 3 a° a`a o a M _ H LOCKTON ADMINISTRATIVE AND GENERAL SERVICES General Services Burlingame Ranch Phase II Project Services for which Lockton receives commission Program Marketing/Management A. Market the (General Liability,Excess Liability,Builders Risk and Contractor Pollution Liability) coverage based on die project's needs in conjunction with Client Risk Management parameters. 1. Prepare insurance coverage specifications. 2. Compile underwriting data and prepare market submission 3. Analyze carrier proposals and present recommendations 4. Bind coverage as directed by Client 5. Review policies for compliance with terms and conditions bound B. Process changes,endorsements and premium invoices. C. Issue required certificates of insurance in a timely manner. D. Review premium audits for accuracy and correctness. E. Conduct Client meetings as necessary. F. Provide periodic reports relative to the bound program including a description of open items. G. Provide research and advice in response to Client questions as needed. II. Claims Management Services A. Act as client claims advocate for all claims. B. Establish claims service standards with carrier(s). C. Review loss runs for accuracy and resolve any incorrectness with carrier. D. Review denied claims for correct application of coverage. E. Process claim notifications to appropriate insurance carriers. III. Loss Control Services A. Provide Loss Control consulting as needed. 48.560\Y'-Cip of Aspen APmpocalss and Summaries\prop 0412.d sn City of Aspen/April 12,2012-8 LOCKTON ADMINISTRATIVE AND GENERAL SERVICES OCIP Services Burlingame Ranch Phase II Project Project Specific Lockton shall serve as the OCIP Administrator for the project known as "Burlingame Ranch Phase II Project" I. OCIP Administration • A. Provide sample OCIP contract language to the Client and assist the Client's legal counsel in finalizing the contact document. B. Prepare an OCIP Manual that includes claims reporting procedures and enrollment procedures and support the project team in the preparation of all bid packages as relates to the OCIP. C. Provide copies of the OCIP policies upon request by a contractor/subcontractor for review with the approval of the client. D. Ensure enrollment by all contractor and subcontractors required to participate in the OCIP, and verify compliance with the OCIP requirements. E. Obtain(on Acord Form 27) certificates of insurance from enrolled contractors evidencing required coverages and provide certificates of insurance to enrolled contractors evidencing OCIP coverage. F. Maintain Project documentation related to the OCIP. G. Provide reports to Clients summarizing OCIP activities,progress and costs. II. Program Closeout A. Coordinated the insurance carrier(s) audit review. B. Additional close-out activities as dictated by actual program design. 48369 Vi-City of Aspen Proposals and Summaries prop 0412 City of Aspen/Apra 12,2912-9 LOCKTON ADMINISTRATIVE AND GENERAL SERVICES Fees Burlingame Ranch Phase II Project FEE FOR SERVICES General Services Lockton will be compensated via commissions that will be a part of the premiums paid for those coverages.All commissions are earned at the inception of the program. OCIP Services General Liability Program Administration and Close-Out $ 5,000 All fees are earned at die inception of the program. Third-Party Peer Review $ 3,000 45569:AC'-City of Aspen APr oposaI and Sumcnanes\prop 0412 docx City of Aspen/April 12,2012-In COMMERCIAL GENERAL LIABILITY INSURER: Houston Casualty Co. (Best's Rating: A+XIV) ❑ Admitted Carrier Q Nonadmitted Carrier Surplus Lines Tax POLICY NUMBER: To Be Determined POLICY TERM: 12 Months LIMITS OF LIABILITY: General Aggregate limit(other than Products aggregate) $ 2,000,000 Products—Completed Operations aggregate limit $ 2,000,000 Personal and Advertising Injury limit $ 2,000,000 Bodily Injury and Property Damage occurrence limit $ 2,000,000 Damages to premises rented to you See Fire Legal Fire Legal Liability limit(any one fire) $ 50,000 Medical Expense limit(any one person) Excluded DEDUCTIBLE(S): ❑ No deductible applies ❑ Per claim Not Applicable Q Per occurrence $ 25,000 ❑ Aggregate Not Applicable Q Defense: ❑ Deductible applies to damages only Q Deductible applies to damages and defense costs Q Deductible applies to: Q Bodily Injury only ❑ Both Q Property Damage only ❑ Other: Q Deductible reduces policy limit DEFENSE: Q Inside the limit of liability ❑ Outside the limit of liability • PROJECT: Project: Burlingame Ranch Phase II Address: Aspen,Colorado 81611 Sponsor: City of Aspen Description: Site development and walkways,retaining wall which will later become part of the garages during construction of the remaining work Coverage does not apply unless a "✓" appears in the box. 48369:w-City of Aspen\Proposals and Summndas\prop 0412 does Coy of Aspen/April 12,21112-11 COMMERCIAL GENERAL LIABILITY FORM EXTENDED TO INCLUDE: Q Wrap-up program change endorsement E Extend products/completed operations period—statute of limitations or repose, or ten years,whichever is less Q Exclusion j,k,and I are deleted from CG0001 El Who is an insured includes your enrolled contractors while performing duties related to the covered project Q Limits apply for the policy period including the extended completed operations period and do not reinstate ❑ Per project endorsement ❑ Per location endorsement ❑ Blanket additional insured (as required by written contract) ❑ Primary and noncontributory wording applies ❑ Completed operations included;length: not applicable El Additional insureds: ❑ Club members ❑ Volunteers ❑ Users of golfmobiles ❑ Church members ❑ Lessors of leased equipment ❑ Elected and/or appointed officers El State of Politic Subdivisions Permits Q Mortgagee,assignee, or receivee ❑ Blanket vendors (as required by written contract) ❑ Fellow employee exclusion deleted ❑ Limited to key personnel—Who: ❑ Pollution exclusion amended to cover: ❑ Building heating equipment ❑ Contractor's site (limited coverage—refer to the policy form) ❑ Hostile fire ❑ Products ❑ Other: ❑ Employee benefit liability: ❑ Claims made ❑ Claims made and reported #of days to report claim: N/A Limit: ❑ Per claim ❑ Per employee ❑ Retroactive date: ❑ Aggregate Deductible: 0 ❑ Per claim ❑ Per employee Coverage does not apply unless a "V" appears in the box. 18369:AV'-City of Aspen\Proposals and Summaries\prop 1412 does City of Aspen/April 12,2i 11 2-12 COMMERCIAL GENERAL LIABILITY FORM EXTENDED TO INCLUDE: CONTINUED ❑ Broad form named insured (#of days N/A) ❑ Worldwide territory ❑ Broad knowledge of occurrence • ❑ Unintentional errors and omissions ❑ Host liquor ❑ Personal injury—contractual exclusion deleted ❑ Discrimination (non-employment-related only) ❑ Definition of bodily injury includes resultant mental anguish,etc. ❑ Waiver of subrogation (as per written contract and where allowed by law) ❑ Preloss wording ❑ Blanket wording EXPOSURES: State Description Basis Rate Premium CO Units u) 82 Flat $ 90,000 Basis a) Area c) Cost e) Each f) Frontage p) Payroll m) Admissions r) Receipts s) Sales n) Number u) Unit ADDITIONAL INTERESTS/ CERTIFICATE RECIPIENTS: (See attached schedule on file with the company.) NOTES: I-Iigher limits may be available on request. Coverage does not apply unless a"✓"appears in the box. 48369'\C-Cry of AspenAProposals and Summaries\prop 0413.docx City of Aspen/April 12,2012-13 COMMERCIAL GENERAL LIABILITY TERM PREMIUM: $ 90,000 Flat premium $ 2 700 CO surplus lines tax $ 92,700 Total o Minimum and deposit apply—100% o Minimum earned premium applies—25% Q Optional TRIA quote—4%or$3,600 plus tax OPTIONAL QUOTE FOR VERTICAL CONSTRUCTION: Upon notification from the Insured and prior to the beginning of construction other than what is listed above,we will endorse the policy with the following: Increase the policy term no longer than five years in total. Amend Description of Operations and form HPC 040 09 01 12 to include the following wording: Construction of 82 rent-to-own townhomes within seven frame buildings (three stories of frame over concrete pads) for deed restricted city workers. .• Form CG 2153 01 96 will be removed from the policy. Additional premium charged will be$200,000 plus 3%surplus lines tax. IMPORTANT: Certain contracts that are entered into contain an indemnity or hold-harmless agreement. The contractual liability created by the hold-harmless agreement is the assumption,by contract,of another's liability. The contractual liability coverage part of the Commercial General Liability policy has limitations and exclusions that may apply to portions of the hold-harmless agreement. MONTROSE WORDING: Most Commercial General Liability policies now contain what is referred to as "Montrose"wording. Essentially, coverage is precluded if any owner,partner, director,officer,or employee authorized by an insured to give or receive notice of an"occurrence" knew of an occurrence involving`Bodily Injury"or "Property Damage"prior to the policy period. Refer to your policy for complete terms and conditions. Generally,these losses are not covered if they are the subject of"Prior or Claims Litigation." Some"Montrose" endorsements preclude coverage for continuing losses where the per"occurrence" first happened prior to the policy period, regardless of when there was knowledge that the occurrence had taken place or whether a claim or litigation was already pending. Coverage does not apply unless a "✓" appears in the box. 48562'A-City of Aspen Proposals and summaries\prop i 412doec City of Aspen/April L,21112-14 COMMERCIAL GENERAL LIABILITY SUBJECT TO: These terms are subject to review of additional documentation at which time pricing is subject to change or quote may be pulled: 1. A completed and signed ACORD and Supplemental Application—required within 15 days of binding 2. Signed terrorism selection form prior to binding. 3. Prior to binding, currently valued company loss runs for the last five years for Haselden Construction. 4. If the Earth Movement Exclusion is removed from the proposal,prior to binding,we need a letter from the geotech engineer stating that they have reviewed the final construction plans and they find the plans acceptable for the site conditions. 5. If the Earth Movement Exclusion is removed from the proposal,prior to binding,we need a letter from the general contractor stating that they will • comply with all the written recommendations of the geotechnical engineer. 6. Trades not allowed to be enrolled: environmental remediation contractors and architects and engineers. At Binding: 1. A Risk Review must be conducted within 90 days of binding coverage.You must contact one of the following fines to conduct the risk review and a copy of the completed report must be sent to HCC within 90 days of policy inception.The cost of the risk review is paid by the insured. a. Development Services& Solutions:Dorna Brown 818-591-0330 x 101 b. Wrap-Up Resources,LLC: Paula Newton 415-788-9511 c. LJP (LaJolla Pacific):M-L McKinley de Vance 949-336-8903 2. Insured must contract with one of the following providers to perform Contractor Enrollment.The cost of the enrollment is paid by the insured. HCC must be provided with a complete copy of the enrollment document upon completion of the project. a. Development Services &Solutions: Dorna Brown 818-591-0330 x 101 b. Wrap-Up Resources,LLC: Paula Newton 415-788-9511 c. Paladin Risk Management: Sandy Greenstein 888-240-4431 ex 2 3. Prior to the start of construction the insured must contract with an approved provider for third-party engineering services to be performed during the course of construction. We require 100% inspection for all condo or townhome construction and at least 50%inspection for single family homes. Prior to binding,we must review and approve the proposal for third-party engineering services. The cost of the service is paid by the insured.As a condition of coverage,we require receipt of the complete third-party documentation upon completion of the project.Approved providers include: a. LJP (LaJolla Pacific): M-L McKinley de Vance 949-336-8903 b. Builders Protective Group:Adam Shaw 310-356-4840 Coverage does not apply unless a"✓" appears in the box. 48569 VV-C,;q of Aspen AProposals and summaries\prop 0412.docx Clay of Aspen/April 12,2012-15 COMMERCIAL GENERAL LIABILITY MAJOR EXCLUSIONS: (Refer to the policy for a complete list.) Bodily Injury/Property Damage Expected or intended acts o Liquor liability (exclusion applies only if you are in the business of manufacturing,distributing, selling, servicing,or furnishing alcoholic beverages) C. Any obligation under a workers'compensation,disability benefits,or unemployment law or similar law C. Bodily injury to any employee (including a spouse,child,parent,brother,or sister of that employee as a consequence of the above,but does not apply to an insured contract) . Pollution • Bodily injury/property damage arising out of ownership,maintenance,use, or entrustment of any aircraft,automobile,or watercraft owned or operated by or rented or loaned to any insured (except nonowned watercraft under 26 feet) . War Property damage to property that you: Own,rent,or occupy(except property damage to premises rented to you for less than seven [7] days—excluding fire damage) • Sold,gave away,or abandoned • Have loaned to you C. Have in your care,custody,or control C. Property damage to your product or your work arising out of or any part of it (except coverage is excess for work performed for you by subcontractors) • Property damage to impaired property arising from a defect,deficiency, inadequacy,or dangerous condition in"your product or work"or a delay Withdrawal,recall,etc. Contractual (except as provided below): C. Lease of premises • Sidetrack agreement . Any other easement except in connection with construction or • demolition operations of or within 50 feet of railroad • Indemnification of a municipality as required by ordinance,except in connection with work for municipality C. Elevator maintenance agreement (• TORT LIABILPIY) coverage will apply for liability assumed in a contract for a third party. Tort liability is a civil wrong. Personal Injury and Advertising Injury C. By or at the direction of the insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury Oral and/or written publication—known falsity' C. Prior publication (prior to inception date) C. Criminal act committed by or at the direction of the insured Willful violation of statute Coverage does not apply unless a"✓" appears in the box. 48369.AA-Ory of AspenAProposals and Summmes\prop 04 L.doe. City of Aspen/April 12,2012-16 COMMERCIAL GENERAL LIABILITY MAJOR EXCLUSIONS: CONTINUED Personal Injury and Advertising Injury Continued O Contractual except tort liability O Breach of contract except an implied contact to use another's advertising ideas in your advertisement O Failure to conform to advertised quality and/or performance • Wrong description of price and/or goods,etc. O Any offense if the insured is in the business of advertising,broadcasting,or telecasting Medical Payments • Bodily injury to insured Bodily injury to person hired to work for the insured O Bodily injury to a person injured on that part of premises you own or rent that the person normally occupies 0 Workers'compensation O Taking place in athletics • Exclusions as shown in bodily injury/property damage • War • In products and/or completed operations hazard Other . Terrorism O Mold, fungi, etc. • Exterior insulation finishing systems (EIFS) . Silica • Subsidence .• Violation of economic and trade sanctions . Violation of statutes in connection with sending, transmitting,or communicating any material or information (unless otherwise provided) .• Asbestos . Arsenic O Wrap-up cross suits O Lead • Sulfates ✓ Coverage C—medical payments O Employment-related practices O Total pollution O Designated exclusion: any vertical construction O Construction management errors and omissions • Engineers,architects,or surveyors professional liability . Real estate errors or omissions The above narrative is intended only as a guideline. Policy provisions determine coverage. Coverage does not apply unless a"V" appears in the box. 4a362\V-City of Aspen\Proposals and Summaries\prop 0412_dnec City of Aspcn/Apnl 12,21)12-17 EXCESS LIABILITY INSURER: Ironshore Specialty Insurance Co. (Best's Rating: A-XIII) ❑ Admitted Carrier E Nonadmitted Carrier Surplus Lines Tax POLICY NUMBER: To Be Determined POLICY TERM: 12 Months LIMITS: Combined bodily injury and property damage Each occurrence $ 10,000,000 Annual aggregate (single general and products/completed operations aggregate—no aggregate reinstatements) $ 10,000,000 UNDERLYING LIMITS: Combined bodily injury and property damage Each occurrence $ 2,000,000 Aggregates $ 2,000,000 UNDERLYING INSURER: Houston Casualty Co. DEFENSE: E Inside the limit of liability ❑ Outside the limit of liability FORM: E Pay on behalf ❑ Indemnity ❑ Follow form of primary general liability ❑ "Per job" aggregate applies ❑ "Per location" aggregate applies MAJOR EXCLUSIONS: (Refer to the policy for a complete list.) • Nuclear energy liability • Pollution • Asbestos • Terrorism (unless otherwise provided) • Mold, fungi, etc. • Exclusions listed in underlying policies Coverage does not apply unless a "✓" appears in the box. 48569.\V Cry of AspenA Proposals and Summaries prop 0412doca City of Aspen/April 12,2012-18 EXCESS LIABILITY MAJOR EXCLUSIONS: CONTINUED C. Crisis management exclusion C. War or military C. Other laws NOTE: Higher limits may be available on request. TERM PREMIUM: $ 100,000 Premium $ 3,000 CO surplus lines tax $ 103,000 Total Q Minimum and deposit apply—100% El Minimum earned premium applies—25% Q Optional TRIA quote—$1,000 plus CO surplus lines tax • OPTIONAL QUOTE: Add vertical construction—82 rent-to-own townhomes within seven frame buildings (three stories of frame over concrete pads) for deed restricted city workers.Policy term to be increased to a maximum of five years total. Notification must be provided prior to April 15, 2013 with all work to be completed by 60 months. ($75,000 AP plus 3%surplus lines tax.) SUBJECT TO: Due at time of binding: 1. Signed TRIA form 2. Signed and dated wrap application 3. Loss experience of General Contractor—losses of five years,excluding expiring year,including loss valuation dates 4. Copies of Soil Engineering Reports 5. Details of Risk Management and Wrap Administration 6. Details of Quality Assurance 7. Applicable tax forms if bound Coverage does not apply unless a"✓"appears in the box. 48569:\C-City of Aspm\Proposnls and Oummndes\prep 0412 does City of Aspen/April 12,2012.19 CONTRACTORS ENVIRONMENTAL IMPAIRMENT LIABILITY INSURER: Chartis Specialty Insurance Co. (Best's Rating: A XV) ❑ Admitted Carrier Q Nonadmitted Carrier Surplus Lines Tax POLICY NUMBER: To Be Determined POLICY TERM: Five years COVERAGE: Covers loss that an insured is legally obligated to pay as a result of an environmental impairment from a covered operation and includes,if so indicated, completed operations. FORM: ❑ Claims made ❑ Claims made and reported Q Occurrence Q Pay on behalf Q Project-specific Q Indemnity DEFENSE: Q Inside the limit of liability—after claim expenses reach$750,000 Q Outside the limit of liability—until claim expenses reach 25%of aggregate (or$750,000) DEDUCTIBLE(S): $ 25,000 Q LAE*inside the deductible—after claim expenses reach $750,000 Q LAE* outside the deductible until claim expenses reach 25%of aggregate (or $750,000) *Loss-adjustment expenses RETROACTIVE DATE: Not Applicable COVERED OPERATIONS: Burlingame Ranch Phase II 130 S. Galena St.,Aspen,CO 81611 • Construction of townhomes Seven buildings, 82 units Coverage does not apply unless a"✓" appears in the box. 48369:AY'-Cif),of Aspen AProposals and SummariesApro°0412 doex City of Aspen/Apal 12,2012-20 CONTRACTORS ENVIRONMENTAL IMPAIRMENT LIABILITY • LIMITS OF LIABILITY*: Per loss $ 3,000,000 Per policy $ 3,000,000 Emergency response costs $ 250,000 * Limits do not reinstate on an annual basis for multi-year policy terms unless specifically stated. TERRITORY: The United States,its territories or possessions,or Canada,its provinces or territories MAJOR EXCLUSIONS: (Refer to the policy for a complete list.) .• Prior impairment,if any officer, director,partner,or employee responsible for environmental affairs knew or could have reasonably foreseen C. Claims seeking injunctive or equitable relief C. Arising out of the ownership or operation of an offshore facility C. Workers'compensation,etc. C. Bodily injury to any employee or spouse,etc. C. Contractual (except when indicated below) C. Cleanup costs (except when indicated below) C. Ownership,maintenance,use,operation,loading,and/or unloading of any automobile,aircraft,watercraft, or rolling stock (covers mobile equipment) Nuclear C. Arising out of goods and/or products manufactured,sold,etc. C. Bodily injury and/or property damage to products manufactured, sold,etc. C. Intentional noncompliance with any statute,regulation,etc. C. Acid rain C. War •3 Asbestos (except when indicated below) : Disposal, transportation,etc. (except when indicated below) C. Underground storage tanks,including repair and maintenance C. Taxes, assessments,punitive damages,etc. C. Rendering or failing to render professional services C. Sites deemed as "superfund"or that are on the National Priorities List C. Terrorism(unless otherwise provided) C. Mold, fungi,etc. (unless specifically covered) Lead-based paint(except when indicated below) • Coverage does not apply unless a "✓" appears in the box. 45569.Vi-ct of AspenV'mposal and Summanes\prop 0412.docx Cry of Aspen/April 122012-21 CONTRACTORS ENVIRONMENTAL IMPAIRMENT LIABILITY EXTENDED REPORTING CONDITIONS: Number of days to purchase Not Applicable Length of"tail" Not Applicable Additional premium ❑ Yes ❑ No Limit reinstated ❑ Yes ❑ No Premium fully earned ❑ Yes ❑ No Insured can purchase irrespective of who cancels or nonrenews ❑ Yes ❑ No FORM EXTENDED TO INCLUDE: Q Contractual exclusion amended to cover: ❑ Scheduled contracts ❑ Blanket contractual when required by written contract Q Limited to contracts between named insured and their clients • Definition of bodily injury includes mental anguish, shock,and emotional distress Ell Natural resource damage ❑ Definition of bodily injury includes medical monitoring El Definition of pollutant includes mold,fungi, and bacteria (microbial matter) ❑ Claims made ❑ Retro date: Q Occurrence D Definition of pollutant includes legionella El Definition of pollutant includes electromagnetic fields D Nonowned disposal sites for three years after expiration El Blanket ❑ Scheduled Q Transportation El First party ❑ Contingent third party ❑ Including illicit abandonment El Includes insured locations—first-party clean up El Waiver of subrogation El Covers punitive damages, fines, and penalties (silent) El Additional defense costs outside of the limit Not Covered ❑ Limited asbestos/lead coverage clean-up in soil/ groundwater ❑ Third-party bodily injury for asbestos/lead El Owner Controlled Insurance Program Endorsement El Covers contractor and subs El Covers owned property El Project Protect Project Owner Controlled Endorsement El Completed operations—eight years Coverage does not apply unless a "✓" appears in the box. 45369.'V-Ory of ApesAProposals and Simmades\p op 0412.does Cpy of Aspen/April 12,3013-33 CONTRACTORS ENVIRONMENTAL IMPAIRMENT LIABILITY NOTE: Higher limits may be available on request. TERM PREMIUM: $ 69,943 Premium $ 2,098 3%CO surplus lines tax $ 72,041 Total ❑ Minimum and deposit apply ❑ Minimum earned premium applies ❑ Subject to audit Rate: • TRIA—additional$629 plus 3% surplus lines tax ❑ Surplus lines tax El 50%of premium due at inception, 50% due 12 months thereafter SUBJECTIVITIES: In addition to the above-mentioned documentation,this indication is subject to the receipt and satisfactory review and acceptance of the following items prior to binding,unless otherwise specified: C. The original signed Chartis COPS,CPO, CPL application including all applicable attachments. C. Completed and signed Broker Responsible for Surplus Lines Filing form, including the SL number for the state of Colorado. C. Written confirmation from broker if insured declines terrorism coverage (email is okay.) C. Written evidence of mold awareness training. C. Five years of general liability loss runs form the General Contractor. • Coverage does not apply unless a"✓" appears in the box. 48369.AY'-City of Aspen Proposals and SummariesApr'p 0412 does- City of Aspen/April 12,2012-23 BUILDERS RISK (INCLUDING EARTHQUAKE AND FLOOD) INSURER: ACE American Insurance Co. (Best's Rating: A+XV) Q Admitted Carrier ❑ Nonadmitted Carrier Surplus Lines Tax POLICY NUMBER: To Be Determined POLICY TERM: 12 Months COVERAGE: El Builders Risk: Covers buildings,structures,or projects under construction and,if so indicated,extends to include property that will become a permanent part of the building while in transit or at a temporary location. PERILS INSURED: El Special form TERRITORY: Fifty states of the United States of America,including the District of Columbia and Canada.Property in transit from Hawaii or Alaska is not covered. WARNING: (Refer to your policy for complete terms and conditions.) Policy language dictates "when coverage ceases" on a per project basis. MAJOR EXCLUSIONS: (Refer to the policy for complete terms and conditions.) C. Increased cost of construction C. Wear and tear C. Dishonest acts .• Inadequate or defective planning or design C. Delay •• Freezing C. Testing C. Mechanical breakdown C. Existing structures .• Occupancy C. Flood and earthquake unless shown as covered above C. Terrorism (unless otherwise provided) C. Mold, fungi,etc. (unless specifically covered) C. Exterior Insulation Finishing Systems (EIFS) (unless specifically covered) Coverage does not apply unless a "v" appears in the box. 48369:AA-City of Aspen AProposals and Summaries\prop ftnldocs City of Amen/April 12,2012-24 BUILDERS RISK (INCLUDING EARTHQUAKE AND FLOOD) LIMITS OF LIABILITY: Per job-site limit $ 7,000,000 Flood sublimit(annual aggregate) (except Zone A) $ 7,000,000 Earthquake sublimit (annual aggregate) $ 7,000,000 Transit limit $ 500,000 Catastrophe limit $ 7,000,000 Temporary location limit $ 500,000 Water damage (other than flood) sublimit $ 7,000,000 Windstorm (other than named) sublimit $ 7,000,000 DESCRIPTION: Infrastructure work for planned townhome community, Burlingame Ranch Phase II,Aspen, CO DEDUCTIBLES: All other perils $ 10,000 Flood $ 25,000 Earthquake $ 25,000 Water damage $ 25,000 Soft costs/rental income # of days 15 COINSURANCE: None VALUATION: ❑ Actual cash value E Replacement cost FORM: E Completed value ❑ Reporting form ❑ Monthly ❑ Quarterly (Reports must be submitted within days of the last day of the month. Failure to do so may result in a coinsurance penalty.) OPTIONAL COVERAGES: E Waiver of subrogation (as per written contract and where allowed by law) Covered E Definition of flood includes: E Backup of sewer and drain E Standard deductible ❑ Flood deductible E Surface water ❑ Standard deductible _ E Flood deductible ❑ Mudflow Coverage does not apply unless a"V"appears in the box. 15362\C'-City of Aspen\Proposals and Summaries\prop 0412docs City of Aspen/April 12,2012-23 BUILDERS RISK (INCLUDING EARTHQUAKE AND FLOOD) OPTIONAL COVERAGES: CONTINUED Q Definition of earthquake includes: El Subsidence RI Mudflow Q Volcanic activity El Glass Covered Q Testing—cold testing only Covered O Freezing(except damage to landscaping) Covered ❑ Soft costs Not Covered Describe: Q Covers interest of owners, subs, and sub's subs ❑ Loss of income/rents Not Covered ❑ Riggers Not Covered ❑ No legal liability requirement . El Partial occupancy allowed for purposes intended for this project El Scaffolding,form, falsework Included El Land exclusion deleted (excavation cost covered) ❑ Waterborne coverage Not Covered ❑ Property located underground Not Covered ❑ Increased cost of construction Not Covered El Debris removal 25%of Loss El Pollution $ 100,000 El Faulty design and/or workmanship exclusion amended to cover resultant damage by a covered peril El Artificial current exclusion amended to cover resultant damage by a covered peril El Rust, corrosion, etc.,exclusion modified to cover resultant damage by a covered peril ❑ Mechanical breakdown exclusion modified to cover resultant damage by covered peril Not Covered ❑ Covers building material after it has become part of the building(installation floater only) Not Covered ❑ "When interest ceases" section modified to: Q When financial interest ceases El You abandon with no intent to complete ❑ 90 days after completion NOTE: Higher limits may be available on request. Coverage does not apply unless a "✓" appears in the box. 41562\C'-City of Aspen AProposals and Summaries\prop 0412 doe. City of Aspen/April 12,2012-26 BUILDERS RISK (INCLUDING EARTHQUAKE AND FLOOD) ESTIMATED ANNUAL.PREMIUM: $ 4,900 ($7,000,000 hard costs x.07 term rate)/100 El Minimum and deposit apply—100% El Minimum earned premium applies—$1,225 El Subject to audit—.07 annual rate El Optional TRIA—3%or$147 El Future values and vertical work will be reviewed annually as additional coverage and policies are needed Coverage does not apply unless a"✓"appears in the box. 48369:VA'-City of AspenAProposals and Summaries\prop Ol12docc City of Aspen/Apnl 12,2012-27 Insurance Program Financial Estimate As er.41122012 Protect Add.esa, Aspen,CO81011(at the end of Harmony Rd and Immediately to the weslol the Burlingame Ranch Phase I) Priciest Rating Base Construction of Townllom Total Construction Value for Inraslmclure: 57,000.000 Total Construction Value far 2013 8 2014(52 units): 518000,000 Total Construction Value for 2015(30(inns): 56000,000 Soft Costs 52.504 000 Tole)COnstrvn,on Values 533,500,000 eons0urn0nlcoverage Term tar moswnme 6 Months 1411552012101241552012) Connmclro,COoerane Term 20.2013 8 2014(52 units): to Months(4/12013 to 6/1/2014) Construction/Coverage Term for 2015)30 sons) 0 Months(4)1/20151012/12015) No.of units 02 Coverage Description Locktan indications Preferred Option Inlnsbuclure Vertical Construction Infrastructure Verde&conapugion Primary General Llabi)ny(Optional Terrorism) 5100,000 $250000 596,408 $214,240 Excess Liability $75000 5195000 5104,030 578.023 Convectors Pollution Liability(Optional Tenoirsm) 575000 50 537.699 534,972 Other Insurance Program Costs 58.000 552,800 58 000 561.000 Builders Risk(Optional Terrorism) 520,000 570.000 55 047 577.250 Subtotals-Includes taxes.lees and Terrorism 3274,000 3507,800 8251.184 0465,484 Program Premium Total p)-Includes lases,fees and Terrorism $045,000 5116,068 Cost Breakdown be Line of Coverage m eMo,Indications Houston Casualty General Liability Infrastructure I Vertical Conswclian lnlaslrvnure I Vertical Constmdion Primary Limns 52M/52M/52M 52M/52M/52M Policy Term 60 Months 12 Months 148 Additional Months 0educ0bie 510.000-525.000 525.000 Hard Costs $7,000,004 I 324,000.000 833.500.000 Rate-Term Flat Rats Flat cute Fixed Costs I Premium) 8100,000 $250,000 490,000 0200 000 Fees 5 Taxes 5 2.700 56 000 TRIPRA(Optional Terrorism) 53.706 58,240 Subtotal 3100,000 0250000 086,408 3214,240 Total Premum.Fees&Taxes Including Terrorism 3350,000 3310.648 Option to endorse veto's work and increase term up to y year,total tor52W,W0PP,noOAeeron mull be Eisen your to 41512013 2555 minimum earned at inception.100%seer 12 months 1100%minimum and depot 100%of 596.400 s due at binding and 1 O%el571a 240 is doe when nwiecad0n or wade work is Flooded Subject la geoledi end GC tenet stet g ova comply and have reviewed wnYnctmn plans and ge0bm recs.Risk review and ad party ONAC.,coned application Locttan Indications lr0nshore Specially Excess Liability Infrastructure I Vernal Construction Infrastrudura I Vertical Construction Excess Limns 510,000.000 510000,000 Policy Term 60 Months 12 Months 48 Additional Months Fixed Costs(premium( 576.000 0195,000 8100000 575,000 Fees B Totes 53.000 5 2.250 TRIPRA I Terrorism) - 51.030 5773 Subtotal 375,000 0195,000 0104.030 510.023 Total Premium.Fees&Taxes including Terrorism 3270,000 $102,003 wniue work and increase term up to.5 years total for 575000 AP.mlifirabon must be gienpnor hi 4/15/2013 100%nof$104030 is due at binding and 100%of S77.2500 due when nnnfieation al vends work isprdoded 25%minimum earned al rception100%alter l2 mourns llW%minimum and deposit sub)ectro signed applcation and details 0l Risk Management and Oualey Assurance LOCIctOrl lndicellon• Cllanis Contractors Pollution Liability Infrastructure I Vas8cel C onslru coon Infrastructure I Vertical Canelu d ion CPL Limos 53 000 000 53 000 000 Pobcy Term 80 Months 60 Months Deductible 325,000 525 000 Completed Operations Perrod 8 Years errors Rate.Term 32.24 $2.17 Fixed Costs(premium) 370,000 534.872 334,972 Fees 8 Tates 52.098 50 TRIPRA(Optional Terrorism) 5629 50 Subtotal 537,899 534,972 Total Premium,Fees a Taxes Including Terrorism 875,000 072,870 Lockton Indications LocMon Other Insurance Costs Infrastructure Ver0Cal construction Inhaslnicbrs Merkel Cansnuelon Carrier Pro)ecl Risk Review 53.000 50 53.000 50 LatM6n Administrative Fees(3)-Term 46 months 55000 550.000 55.000 520 000 3rd Party GA/OC(2) 50 532.800 50 541.000 Total Other ins Program Coes 36,000 852.800 00,000 591.000 • Loc Mon Indroatians ACE Policy for Each Phase13 Total Builder,Risk Inlrasvucture verveel Construction Infrastructure INDICATION ONLY Policy Term 8 Months 36 Months 11 Months TBD Hard Costs 57.000000 524,000.000 57000000 524.000000 Soft Costs Included Included Included 02.500 000 Total Limit 37400.000 524000,000 57,000,000 826.500,000 Earthquake 02011 510000.000 57.000 000 526500.000 Flood Linn 510000.000 $7000.000 526500.000 Deductibles Physical Damage All Omer Losses 510000-525000 510,000.525000 510.000 510.000 War.,Damage $25000-550000 525000-550.000 525000 525.000 Earthquake 525.000-550000 525000-550000 550.000 550.000 Flood 525000-050000 525000-550000 500.000 550.000 Delay in Compmhon Soft Costs 15 Days 15 Days Rate-Annual Blended 50.08 50.02 50.35 Fixed Costs(premium( $20,000 570,000 54.900 575,000 Deposit premium 34.900 575.000 Fees Taxes 50 $0 TRIPRA(Optional Terrorism) 5147 52250 Subtotal 520,000 $70,000 55,047 $77,250 Total Premium.Fees&Taxes Including Terrorism 590,000 502,207 ACE-Quoted Infrastructure.but only provldea mmea on for construction al premium dse el rceplianediusted et and ofp000n period.25°%minimum earned -Ina Omer rates may change dm to future market frnm0nns -wemiumiswimaed based on prodded pmxed construction ouheduk and budge' Nolen 1.Does rim include estimated losses paid within the deduclmk. 2.DC is recommended.an estimate of cost for condos would be$500 per door. 3.Locdon has been approved to provide administration on wrap-ups.mckton will provide an Admloislratve Fee Mr Services Agreement for signature by the Owner. a.Contractors Pollution Liability more detailed quotations are provided on separate Page. 5.A favorable Loss Control Survey is required within 45 days ommding. •Note Lookmn will re0ewe commission from the earner on any issued policy.This 0 in addition to our Administrative Fee for Service. v t I MEMORANDUM TO: Mayor and City Council / FROM: Nancy Lesley, Director of Special Events and Marketing THRU: Jeff Woods, Manager, Parks and Recreation DATE OF MEMO: March 19, 2012 MEETING DATE: April 23, 2012 RE: USA Pro Cycling Challenge - Contract REQUEST OF COUNCIL: Staff is requesting Council approve contract to host stage finish on Wednesday, August 23, 2012 and a stage start on Thursday, August 24th 2012 for the USA Pro Cycling Challenge. PREVIOUS COUNCIL ACTION: Council approved this event last year and approved moving forward to pursue the event in 2012. BACKGROUND: In its second year, the Pro Challenge will come through Aspen for the second time, honoring us by awarding a finish and start stage, the only host community on the route to be awarded two stages. In 2011 Aspen hosted a very successful finish to the Queen Stage of the USA Pro Challenge. In its inaugural year, the Pro Challenge was able to pull in some very impressive numbers. It had a $83.5 million economic impact on the State of Colorado, of that, $67.4 was in direct spending. It drew 1-million spectators, 94.2% of whom said they planned to return in 2012. There were 23% out of state visitors and of those, 71.6% said the Pro Challenge was the sole reason for the trip. Of the out of state visitors, 84% are likely to visit Colorado again. Regarding the spectators, 98.4% will recommend this event to a friend and 95% were satisfied with the race. On a local level, Aspen found strong support from the lodging and business community. While in 2011 the hotels only saw a slight increase in revenue from this event, they see the larger impact from hosting it in future years. A survey of the business community immediately following the race reflected the business community didn't see a tremendous increase either, but also gave it a strong vote of confidence with 95% wanting to see it return. Page I of 3 DISCUSSION: In order to host the stage finish, the City must enter into a legal agreement with Classic Bicycle Racing LLC. New to the 2012 Aspen stages of the Pro Challenge are our partnerships with Pitkin County and the Forest Service. Both of these entities and partnerships played a key role in helping Aspen to land the only multi-stage stop in the entire tour. Staff is working with the following individuals which comprise the Aspen Local Organizing Committee: Chair: Nancy Lesley/City of Aspen Marketing Director: Julia Theisen/ACRA PR Director: Maureen Poshman/Promo Communications Operations Director: Bill Tomcich/StayAspenSnowmass Fundraising Director: Barb Frank/AVSC Independence Pass Directors: Stephen Ellsperman/City of Aspen and Bill Kight/Forest Service Transportation and Parking Director: Lynn Rumbaugh Women's Race Director: Justin Todd/The Little Nell Festival Director: Devin Padgett and Mike Morgan/Devincorporated Festival Sales: Pam Herr/Pam Herr Events Green Team Director: Ashley Cantrell/City of Aspen Community Outreach and Education: Mitzi Rapkin/City of Aspen Pitkin County Liason: Brian Pettit/Pitkin County Emergency Management Team: Pitkin County Sheriffs office and Aspen Police Department Volunteer Director: Tami Soldanz Sponsorship Director: Tom Kilby The hotels have already seen an increase in calls, bookings and interest specifically related to the Pro Challenge/Aspen stage. Staff is working with the Marketing and PR teams to create more interest in coming and staying in Aspen as we are the only two stage host. The Operations Director is also working with other mountain towns to create a "mountain stage" package. Similar to last year, staff is embracing the events surrounding the Pro Challenge which create a twelve (12) days worth of biking and athletic events. FINANCIAL/BUDGET IMPACTS: The current working budget for the Aspen Stage(s) of the USA Pro Cycling Challenge is approximately $387,000. Staff is also working with the Sponsorship Director and Fundraising Director to reach our fundraising goal and attempt to keep the City's direct financial contribution to $100,000. RECOMMENDED ACTION: Staff recommends that Council approve the contract. ALTERNATIVES: If Council does not approve the contract, the event will find another location (other than Aspen) to host the stage finish and start. Page 2 of 3 PROPOSED MOTION: "I move to approve�sn -H(.(3." CITY MANAGER COMMENTS: (4e—e-:a.a.-P—a ' 7r nP ATTACHMENTS: 1. Contract 2. Resolution Page 3 of 3 RESOLUTION # 4/3 (Series of 2012) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR THE USA PRO CYCLING CHALLENGE BETWEEN THE CITY OF ASPEN AND CLASSIC BICYCLING RACING LLC 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 USA Pro Cycling Challenge, between the City of Aspen and Classic Bicycle Racing LLC, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, That the City Council of the City of Aspen hereby approves that Contract for the USA Pro Cycling Challenge, between the City of Aspen and Classic Bicycle Racing LLC a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager to execute said agreement on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 23`d 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 23, 2012. Kathryn S. Koch, City Clerk USA PRO CYCLING CHALLENGE TOWN PARTICIPATION AGREEMENT (STAGE START AND FINISH: CITY OF ASPEN) This U.S.A. Pro Cycling Challenge Town Participation Agreement (hereinafter referred to as the "Agreement") is entered into as of this of , 2012, by and between Classic Bicycle Racing LLC, a Delaware limited liability company (hereinafter "CBR"), and the City of Aspen, a municipal corporation organized under the laws of the State of Colorado (hereinafter "Town" or "Host"). (CBR and Town are sometimes hereinafter collectively referred to as the "Parties" and individually as a "Party") RECITALS: WHEREAS, CBR owns the USA Pro Cycling Challenge TM, a multi-stage cycling race across the State of Colorado (the"Tour"); WHEREAS, in connection with its ownership of the Tour, CBR has rights to certain marks, logos, and other distinctive indicia of the Tour; WHEREAS, CBR has contracted Medalist Sports ("Medalist") to assist with presenting, organizing and coordinating the Tour and developing its route and to utilize the Tour Marks (as hereinafter defined) in connection therewith; WHEREAS, Town wishes to acquire the rights and benefits of hosting the Host Stage (as that term is defined herein) and to undertake all of the obligations related to such hosting, all under the terms and conditions of this Agreement; and WHEREAS, the Parties wish to grant such rights to each other under the terms and conditions of this Agreement. NOW THEREFORE, in consideration of the promises and covenants contained herein and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the Parties hereby agree as follows: 1. Designation of Host and Location of Host Stage Town. CBR licenses to Town (the "Host") the right to host a Stage Start and Stage Finish (the"Host Stage") for the Tour to be held in August 2012. The 2012 Tour is scheduled to be held from August 20th through 26th, 2012 and the Host Stage is scheduled to be held on August 22"a and 23" , 2012. Host accepts such license and agrees to exercise such license to host the Host Stage and to undertake and perform the Host Obligations, as defined hereinafter and as set forth more specifically in Section 4 of this Agreement. The Host Stage shall be held at a location in Town which shall be subject to the prior review and approval of the Town, CBR and Medalist Sports (the"Host Stage Location"). 2. Term. The term of this Agreement shall begin as of the date first set forth above and, unless earlier terminated in accordance with the terms set forth herein, shall continue through and including October 14th, 2012 (the "Term"). 3. CBR as Exclusive Race Promoter. The Host City agrees that, in consideration of the opportunity host the Host Stage of the Tour, and the economic benefits to the Host City associated with that opportunity, the Host City will not, at any time during the Term of this Agreement, and for a period of two (2) years following the termination of this Agreement, endorse, sponsor or support, financially or otherwise, any "Competitive Event," as defined below. The term "Competitive Event," as used in this Agreement shall include any men's race involving three or more professional bicycle racing teams, including any UCI sanctioned men's bicycle race rated 2.1, 1.1 or higher, all or any part of which takes place within the State of Colorado. Host City agrees that failure to comply with the provisions of this paragraph will cause CBR irreparable harm, for which money damages may not be an adequate remedy, and consent to the entry of an injunction prohibiting such conduct. Host City specifically consents to these restrictions and does not believe any such restriction to be an unreasonable restriction on its future operations. Host City understands and agrees that securing CBR's status as the exclusive race promoter is necessary to provide the CBR with protection for the significant initial investment that it is making to develop the Tour, and that CBR would not enter into this Agreement with the Host City but for this agreement. 4. TOWN. Town shall be subject to the following requirements: a. General. At all times during the Term of this Agreement, Town will not discriminate in any way on the basis of age, sex, race, national origin, handicap, religion or any other characteristic protected by law, in the conduct of its activities. b. Structure. Town will be led by one or more chairperson(s) who will be primarily responsible to coordinate the performance of Town's obligations under this Agreement. Such chairperson(s) shall endeavor to ensure that the Town's representatives relating to Tour include individuals with experience in the following areas and whose responsibilities could be as follows for the Host Stage in Town (Towns have option to have one individual handle more than one responsibility): Sponsorship/Sales Director Operations Director Finance Director Media & Public Relations Director Marketing Director 2 Medical/EMT Coordinator Technical Director Volunteer Director VIP/Hospitality Director School/Community Outreach Ceremony Coordinator Ancillary Events Health and Wellness Expo Liaison 5. Host Obligations. In consideration of the license granted by CBR to host the Host Stage as set forth in Section 1 and the Host Benefits as set forth in Section 5 of this Agreement and in addition to those other obligations set forth in this Agreement, Host agrees to undertake and perform the following obligations (collectively, the "Host Obligations"): a. Implementation in Accordance with Planning Manual. Host shall provide assistance in accordance with the 2012 Planning Manual for the Tour ("Planning Manual") which will be furnished by CBR or Medalist to Host following the LOC Symposium. To the extent that there is a discrepancy between such Planning Manual and this Agreement, the provisions of the Agreement will govern. b. Publicity and Promotion. Host shall use reasonable efforts to publicize and promote the Tour and the Host Stage through all local media in coordination with CBR master Public relations plan. c. Host Obligation Specifications. Provide the following only as they might occur within the Town limits of Host at the sole expense of Host in accordance with the specifications set forth on Exhibit "A". To the extent that there is a discrepancy between Exhibit "A" and either the Planning Manual or this Agreement, the provisions of the Planning Manual or the Agreement will govern: (1) Auxiliary Space and Equipment for Tour Requirements: Those types of areas, premises and equipment for the time period designated on Exhibit "A". Host will endeavor to locate facilities that are designated as being "adjacent to" the start line within two blocks of the finish line. (2) Police Services: Local (Town only) police services, but only within the municipal boundaries, to work in coordination with the Colorado State Patrol and Colorado Department of Transportation, as well as Tour representatives and Town volunteers, to provide for safe road closure, fixed-post positions, traffic and crowd control and general public safety; (3) Public Works and Road Services: Support police efforts to accommodate road closure and course safety within the municipal boundaries; 3 (4) Permits: Waiver or payment of all Town permit fees for operation of the Tour in Host's locale and presentation of the Host Stage, including but not limited to special event permits, parking permits, road closure and use permits, alcohol permits, and concession sales permits. All required permits and licenses (including sales and use tax licenses) must be obtained by CBR. Host will reasonably assist in applying for such permits and licenses; (5) EMS/EMT Services: Emergency medical services and emergency medical technicians that will be available to serve the general public within the Host's municipal boundaries at and on the day of the Host Stage in Town, in a number and location to be determined by Tour representatives and by the Host's emergency services representatives; (6) Portable and/or Public Restrooms: Portable (e.g., port-o-johns) or public restroom facilities within the Host's municipal boundaries on the day of the Host Stage in a number and location to be determined by Tour representatives and Host's emergency service representatives; Waste Management/Trash Removal/Recycling: Waste management, trash removal services and recycling within the Host's municipal boundaries following conclusion of the Host Stage in Town; Host city will use the services of the Tour's designated waste management provider. CBR will make reasonable best efforts to ensure a rate to the city within 10% of the market rate for the agreed upon services; (7) Volunteers: Recruitment of volunteers to assist local police and Tour personnel with various functions to be designated by Tour representatives. Host will be responsible for the selection and training of its volunteers. All volunteers will be expected to perform their assigned duties and services in a competent manner, to the best and full limit of their abilities at all times and in accordance with applicable law and the rules and regulations established by Host, Medalist and CBR. All volunteers will be required to sign the standard Volunteer Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement form for the Tour. (8) Parking: All parking requirements as described in the Planning Manual and Exhibit "A". Host will endeavor to locate facilities that are designated as being "adjacent to" the finish line within two blocks of the finish line. (9) Hotel Accommodations: Host shall provide the hotel rooms it proposed in its proposal to CBR. d. Tour Course Layout and Host Stage Location. Host will assist Medalist and CBR in obtaining a design and layout of that portion of the Town limits of Host through which the Tour course will run and provide access to such course without imposition of any site fees. 4 e. Ambush-Free Zone. Host agrees to work with CBR and Medalist to create a zone which consists of the Host Stage Location and a radius around the Host Stage Location (the "Ambush-Free Zone") that shall be free from temporary merchandise vending, temporary advertising, and temporary signs and inflatable items where such would compete directly with the Tour, its exclusive sponsors, or the sport of bicycling. Nothing herein shall obligate Host to take any actions as it relates to permanent retail establishments in the Ambush-Free Zone. The Parties recognize that third parties may have First Amendment expressive rights that neither Host nor CBR may fully control or prevent. The parameters of the Ambush-Free Zone should be within a 1-block radius of the Start/Finish area. f. Merchandise Counterfeiting and Trademark Enforcement. Host shall cooperate with CBR in preventing unauthorized use of the Tour Marks, admissions for the Host Stage and other intellectual property and the sale or distribution of unlicensed merchandise bearing the Tour Marks or any other reference to the Tour. Such commitment shall apply and be in force during the Term of this Agreement, particularly with respect to the period beginning August 1 prior to the Tour and continuing through thirty (30) days following the Tour. Host will cooperate with CBR by permitting CBR the right to pursue (at CBR's expense) legal enforcement measures to prevent unauthorized use of the intellectual property regarding the Tour, including but not limited to action against any seller or distributor of unlicensed merchandise. The decision to pursue civil legal action or settle claims against an unauthorized user of the intellectual property of CBR or against a seller or distributor of unlicensed merchandise will be at the sole discretion of CBR. g. Media and Marketing Plan Cooperation. Host will cooperate with the media and marketing plan of CBR and its contractors, Medalist and designated public relations entity, including accommodating television broadcasters, sponsors, and other persons and entities to whom and to which CBR has granted and will grant rights. h. Tour Sponsor Recognition. Host agrees that Tour sponsors shall have the right to have recognition and visibility at the Stage Start and/or Finish and that CBR shall determine placement of signage, recognition and visibility. i. Ancillary Events. Before staging any ancillary events in connection with the rights licensed by CBR as set forth in this Agreement including but not limited to concerts, races, festivals, etc., Host shall obtain the prior written approval of CBR and Medalist for the type, location and anticipated size of the event as well as sponsors. j. Sale of Merchandise. Host agrees that no merchandise bearing CBR- licensed designs other than that designated by CBR will be sold on-site by the Host at the during the Tour without the prior written consent of CBR. k. Reference to Name of Tour. Host shall refer to the Tour by the exact name supplied by CBR from time-to-time, including any title or presenting sponsor identification (should title or presenting sponsorship rights be granted), and shall include, 5 in all agreements that Host may enter into with third parties, a requirement that all third parties utilize the exact name for the Tour supplied by CBR from time-to-time. Notwithstanding anything to the contrary herein, if CBR changes the name or logo of the Tour after Host has created Tour related identification, Host shall not be required to recreate the Tour related identification. 1. Guidelines and Amendments. All services and other activities required to be performed or provided by Host described in this Agreement will be performed or provided in compliance with all reasonable and customary guidelines, standards, policies and directives (collectively, "Guidelines") developed and issued by Medalist and CBR from time to time. Host recognizes that, while the contents of the Planning Manual issued by Medalist represents the current position of Medalist and CBR on such matters, such material may evolve as a result of technological and other changes, some of which may be beyond the control of the Parties to this Agreement. Medalist and CBR reserves the right to propose amendments to this Agreement to address such changes. Should amendments to the Agreement or Guidelines result in adverse effects on the financial or other obligations of Host, it will so inform CBR in writing and CBR will then negotiate with Host in order to address such adverse effects in a mutually satisfactory manner. m. Progress Reports. Except to the extent any such dates occur after the execution of this Agreement, Host will submit to Medalist and CBR written progress reports describing the status of its plans relating to the Host Stage and any related events, as well as copies of committee meeting minutes. Such periodic progress reports shall include, but not be limited to, information on: (1) the local sponsorships sold by Host and the status of efforts to present local sponsorship opportunities to various prospects; and (2) other revenues that Host has generated and expects to generate to pay the costs of discharging its obligations under this Agreement. n. Promotion of Goodwill. Host agrees to conduct the activities contemplated by this Agreement and the Planning Manual in such a way as to promote the goodwill associated with the Tour, the Host Stage, CBR, Medalist, the State of Colorado, and the sponsors of the Tour, and will not at any time disparage the good name, reputation, or image of the Tour, the Host Stage and the , CBR, Medalist, the State of Colorado, or the sponsors of the Tour. This section shall not be interpreted to preclude any action or proceeding by Host to enforce or defend its rights under the Agreement and shall not preclude Host or its representatives from communicating information, which Host reasonably determines to be factually accurate, pertaining to the Tour, its organizers or sponsors. o. Credentials. CBR and its contractors shall be responsible for producing credentials of all types for the Tour, including the Host Stage, and further including credentials for members of the media and operational personnel, which credentials shall be produced at the sole expense of CBR. CBR shall be responsible for all decisions regarding to whom media, VIP and operational credentials should be issued and shall establish all rules and regulations regarding media access to the Tour and the Host Stage. 6 p. Other Services. Host will provide those other services and undertake those other obligations set forth in Exhibit "A" attached hereto and incorporated herein by this reference. q. Commemorative Monument. The Host City is required to produce and display a monument or iconic representation of the USA Pro Cycling Challenge to commemorate the presence of the Tour. Examples include wrapping a gondola car, painting a mural on the side of a building, erecting a statue, etc. and will be mutually agreed to by the parties. 6. Host Benefits. In consideration of the agreement by Host to undertake and perform the Host Obligations, CBR agrees to provide the following recognition and benefits to and for the benefit of Host (collectively referred to as the "Host Benefits"): a. Recognition. Include recognition for Host in the official Tour Guide, Tour web site, and in a press conference announcing that Host has agreed to serve as the host for the Host Stage of the Tour; b. Hospitality. An allotment of a number of credentials as set forth in the manual for and to grant access to VIP hospitality area that CBR intends to create. In addition, 50% of the VIP hospitality tickets will be available to the Town to the Town to purchase at a mutually agreed upon price; c. Local Sponsorship. Provide local sponsorship opportunities for Host to utilize, as a means of fundraising, in accordance with the terms of Section 7 of this Agreement; and d. Ancillary Events. Establish activities ancillary to the Host Stage within Town for the promotion of the State of Colorado and Host, subject to the prior review and approval of CBR. 7. Financial. a. Tour Revenues. Host acknowledges and agrees that CBR shall be entitled to retain all revenues that it contracts for or generates attributable to the Tour, the Host Stage and the Host Stage Location, except as may be specifically set forth in Sections 6c and 7 of this Agreement. b. Expenses. Host agrees that it shall be responsible for the entire cost and expense of undertaking and performing those Host Obligations listed in Section 4(c) of this document and in otherwise discharging its obligations under this Agreement. c. Local Revenues. 7 (1) Parking. Host may offer parking for spectators for the Host Stage. Host may retain all revenues from such parking and shall be responsible for all parking expenses. (2) Ancillary Events. Host may create, organize and present events ancillary to the Host Stage, provided that such ancillary events are not in violation of the provisions of this Agreement, and Host may retain all revenues generated thereby. Host shall be responsible for all expenses of creating, organizing and presenting such ancillary events. (3) Revenues derived from approved, Local Sponsors and contributions to the Host or LOC are retained/utilized by the Host or LOC at their discretion. (4) Merchandise. (a) Host has the opportunity to purchase to own official Tour merchandise at wholesale prices. Furthermore, the same items may be purchased on consignment at 20% over the listed wholesale price. Purchase direction must be determined at the time of purchase. Product purchased on consignment must be returned by August 13, 2012. CBR has the right to reduce consignment order quantities at its sole discretion. (b) Host may design and sell merchandise bearing an original Host/USA Pro Cycling Challenge logo, which shall be approved by CBR. A license fee of 10% of invoice cost will be due to CBR for all products purchased. All products must be purchased using the Official Merchandise Partners of the Tour. 8. Local Sponsorships. Host acknowledges and agrees that CBR holds and retains superior rights to grant sponsorships for the Tour, including for a title and presenting sponsor as well as for sponsorships which will grant recognition for the entire Tour (collectively, the "Tour Sponsors"). Notwithstanding the foregoing, CBR grants to Host a license to solicit and secure local sponsors to support the activities of Host in connection with the Host Stage, in accordance with the following terms and conditions: a. Designation. Each local sponsor may be given the designation "Local Stage Sponsor", to the exclusion of any other sponsorship designation. A Local Stage Sponsor may neither be referred to nor describe its involvement with the Host Stage by any other designation, including but not limited to a sponsor of the Tour or a local sponsor of the Tour. b. Sponsorship Levels. Host may create one or more sponsorship levels for Local Stage Sponsors, including a local presenting sponsor, with price guidelines provided by CBR. c. Local Sponsorship Benefits. Host shall be able to provide Local Stage Sponsors with those local sponsorship benefits to be provided by CBR as is more 8 particularly set out in the Planning Manual, or which may be subsequently approved by CBR. Host shall also be able to provide approved, Local Stage Sponsors with local sponsorship benefits that are not provided by CBR d. Local Sponsorship Guidelines. Sale of Local Stage Sponsor rights shall be subject to the following guidelines: (1) Reserved Tour Sponsor Categories. Host acknowledges that CBR has retained the exclusive right to sell sponsorship rights in specific sponsorship categories to Tour Sponsors ("the Tour Sponsor Categories"). A listing of the current Tour Sponsor Categories is set forth on Exhibit `B". Exhibit `B" may be updated by CBR to add or delete sponsor categories. Unless specifically authorized by CBR in advance, Host acknowledges that it may not sell local sponsorship rights to become a Local Stage Sponsor to any company whose primary business is the manufacture, marketing or distribution of products or services in any of the Tour Sponsor Categories, such right being reserved to CBR for Tour Sponsors. (2) CBR Approval. CBR shall have the right of prior review and prior approval over the identity of all proposed Local Stage Sponsors as well as recognition and benefits to be provided to such Local Stage Sponsors, but solely for the purpose of avoiding conflicts between Tour Sponsors and Local Stage Sponsors. Host and CBR shall work collaboratively and proactively using their best efforts to avoid such conflicts (3) Use of Tour Marks. Host has no authority to grant a sublicense to and Local Stage Sponsors shall have no right to use the Tour Marks at any time. (4) Recognition of Tour Sponsors. Host shall reasonably co-operate to facilitate the recognition of Tour Sponsors by CBR. (5) No Other Recognition. Local Stage Sponsors shall not receive any endorsements from individual athletes participating in the Tour without the involved athlete's prior permission, nor will local sponsors be guaranteed broadcast exposure of any type. 9. Required Clauses. Host agrees that, in every written agreement of more than $5000.00 that the Town enters into regarding the fulfillment of Host obligations for the Tour, the Host Stage or the ancillary events, the following required clauses will be incorporated: a. Commercial Identification Prohibition. Unless otherwise agreed in writing by CBR, and except for approved, Local Stage Sponsor agreements, third parties contracting with or providing goods or services to Host in connection with the Host Stage or the Tour and/or any ancillary events related thereto must agree that neither they nor their affiliates, agents, representatives, employees, suppliers or subcontractors shall commercially exploit in any manner the nature of their transaction with goods and/or services provided to Host for the Host Stage or the Tour, including without limitation: (1) 9 by referring to the transaction or the goods or services, Host, the Host Stage or the Tour and/or events related thereto in any sales literature, advertisements, letters, client lists, press releases, brochures or other written, audio or visual materials; and (2) by using or allowing the use of the Tour Marks or any other service mark, trademark, copyright or trade name now or which may hereafter be owned or licensed to signify the Tour in connection with any service or product; or (3) by otherwise disclosing their affiliation with Host or the Host Stage or the Tour and/or events related thereto for a commercial purpose. b. Clearances and Licenses. Third parties contracting with or providing goods or services to Host in connection with the Host Stage or the Tour or events which Host hosts or associates with during the Host Stage and/or events related thereto must agree that they are responsible for providing all clearances, licenses, permissions and consents (including without limitation all music clearances, synchronization rights, union and guild fees and the like) as may be necessary for the presentation of all such events, in any and all media and in any and all forms, whether now known or hereafter developed. c. Indemnification. Every party contracting with or providing goods or services to Host in connection with the Host Stage or the Tour and/or events related thereto must agree to indemnify, defend and hold harmless CBR, Medalist, designated public relations entity, the State of Colorado, Union Cycliste Internationale ("UCI"), and Tour Sponsors, and their respective parent, subsidiary, and affiliated companies and each of their respective shareholders, members, trustees, partners, officers, directors, agents, volunteers, employees, and other representatives (collectively, the "CBR Parties") from and against any claims, demands, damages, liabilities, lawsuits, losses or expenses, including without limitation, interest, penalties, reasonable attorney's fees, and all amounts paid in the investigation, defense or settlement of any or all of the foregoing ("Claim" or"Claims") resulting from, arising out of or in connection with the contracting parties' obligations to Host or the provision of goods or services to Host d. Compliance with Law. Every party contracting with or providing goods or services to Host in connection with the Host Stage or the Tour and/or events related thereto must agree to comply with all laws, ordinances, orders, rules and regulations (state, federal, municipal or promulgated by other agencies or bodies having or claiming jurisdiction) applicable to the performance of such party's obligations to Host. e. Exculpation Clause. Third parties contracting with or providing goods or services to Host in connection with the Host Stage or the Tour and/or events related thereto must agree to look solely to the assets of Host for any recourse, and not those of CBR or Medalist. f. Insurance. Depending on the risk factors of the goods or services provided, as determined by the Town, third parties contracting with or providing goods or services to Host in connection with the Host Stage or the Tour and/or events related thereto must agree to maintain, at no cost to CBR or the CBR Parties, appropriate insurance coverage for Claims arising out of the contracting party's operations, personnel, products and services. All liability insurance policies maintained by each 10 contracting party shall be endorsed to name Host, CBR, and Medalist as additional insureds. Each contracting party shall provide Host and CBR with certificates of insurance certifying that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements established by Town and the additional insured requirements as set forth in this paragraph. 10. Licenses to Use Marks. a. Tour Marks. (1) Acknowledgements Regarding Tour Marks. CBR retains the rights to sell title and presenting sponsorships in and to the Tour and, in such event, to incorporate the name and/or marks of such title and/or presenting sponsor into the Tour Marks or to develop new marks and logos for the Tour, acknowledging such title and/or presenting sponsor's relationship with and support for the Tour. Host acknowledges the foregoing and that the term "Tour Marks" as used herein may also refer to the Tour Marks as such may be expanded to include the name and/or marks of a title and/or presenting sponsor of the Tour. Upon being advised by CBR and Medalist of a change to the Tour Marks in the event of a sale of title or presenting sponsorships, Host agrees to utilize the updated Tour Marks with the name and/or marks of a title and/or presenting sponsor, all as designated by CBR for any future related materials. Reclaiming materials made obsolete by such changes, and reprinting or redistributing materials with such new sponsorship information shall be at CBR's sole expense. (2) License to Use Tour Marks. CBR hereby grants to Host a limited non-exclusive license to use the name, logos, trademarks, service marks, designs, product and service identification, artwork and other symbols and distinctive indicia associated with the Tour and identified in Exhibit "C" (the "Tour Marks") during the Term of this Agreement, in accordance with the terms of this Agreement and the Tour Marks Guidelines set forth in Section 10a(5) hereinbelow, solely at or in connecting with the site of the Host Stage. The foregoing license is subject to the right of CBR to review and approve in advance all such uses of the Tour Marks. Host shall have no right to assign, license or "pass-through" rights to use the Tour Marks to any other person or entity. In exercising this license to use the Tour Marks and in each and every reference to the Tour, Host shall utilize the Tour Marks and the exact name of the Tour designated by CBR, which shall include the name of any title and/or presenting sponsor. License Does Not Extend to Merchandise. Host shall not manufacture or sell, or license the manufacture or sale of, any promotional or other merchandise which bears the Tour Marks without prior written approval from CBR. (3) Acknowledgements Regarding Goodwill. Host acknowledges the great value of goodwill associated with the Tour Marks. Host acknowledges that the goodwill attached to the Tour Marks belongs exclusively to CBR. Host agrees that any and all goodwill and other rights that may be acquired by the use of the Tour Marks by Host shall inure to the benefit of CBR. 11 (4) No Disparagement by Host. Host will not, at any time, disparage, dilute or adversely affect the validity of the Tour Marks or take any action, or otherwise suffer to be done any act or thing which may at any time, in any way materially adversely affect any rights of CBR in or to the Tour Marks, or any registrations thereof or which, directly or indirectly, may materially reduce the value of the Tour Marks or detract from their reputation. This section shall not be interpreted to preclude any action or proceeding by Host to enforce or defend its rights under this Agreement and shall not preclude Host or its representatives from communicating information, which Host reasonably determines to be factually accurate, pertaining to the Tour, its organizers or sponsors. (5) Tour Marks Guidelines. Any use of the Tour Marks during the Term shall be further subject to the following conditions and limitations (collectively, the "Tour Marks Guidelines"): (a) The Tour Marks shall be used in accordance with the USA Pro Cycling Challenge Graphics Standards Manual, published by CBR from time-to-time; (b) Host shall not use the Tour Marks in any manner that is misleading or that reflects unfavorably upon the reputation of the Tour, CBR, Medalist, the State of Colorado or any competitor in the Tour or in any manner that is contrary to applicable laws and regulations, including, without limitation, those relating to truth in advertising and fair trade practices; (c) Without the prior approval of CBR, Host shall not (i) permit any tradename or mark of a third party to appear in conjunction with Host's materials that display any of the Tour Marks in a manner that could be reasonably interpreted as a promotion or endorsement of a third party's products or services; or (ii) participate with any third party in a promotion using the Tour Marks or permit the Tour Marks to be used in a manner that could be reasonably interpreted as a promotion or endorsement of a third party's products or services; (d) Host shall not use the Tour Marks without the appropriate trademark or copyright designation as required by CBR; (e) Host acknowledges that its selection as a partner is not based upon the results of any quality comparison between Host and any other municipality within the State of Colorado and agrees that it shall not represent otherwise to any third party. (t) Host shall not, after the expiration or termination of this Agreement, use any slogan or graphic device that was developed for use in conjunction with the Tour Marks if such slogan or graphic device implies an ongoing association with the Tour. b. Host Marks. 12 (l) License to Use Host Marks. Host hereby grants to CBR a limited non-exclusive license to use the name, logos, trademarks, service marks, designs, product and service identification, artwork and other symbols and distinctive indicia of Host and identified in Exhibit "D" attached hereto (the "Host Marks") during the Term of this Agreement in accordance with the terms of this Agreement and the Host Marks guidelines in accordance with Section 10b(2) of this Agreement, specifically to provide Host with the Host Benefits. The foregoing license is subject to the right of Host to review and approve in advance all such uses of the Host Marks. CBR shall have no right to assign, license or "pass-through" rights to use the Host Marks to any party, except as necessary to fulfill its obligations set forth in this Agreement. The Parties acknowledge and agree that, upon the expiration or termination of the Term of the Agreement, CBR shall discontinue any use of the Host Marks and CBR may continue to use the Tour Marks. (2) Host Marks Guidelines. CBR shall utilize the Host Marks pursuant to the license granted herein in accordance with those graphics standards supplied by Host to CBR in writing from time-to-time. 11. Trademarks. a. Tour Marks. (1) The Tour Marks, specifically including but not limited to the words "USA Pro Cycling Challenge", are and shall remain the property of CBR and CBR shall take all steps reasonably necessary to protect such Tour Marks, which steps may include registrations through the United States Patent and Trademark Office ("PTO") and foreign registrations, as it deems desirable and through reasonable prosecution of infringements. (2) The rights licensed by CBR to Host with respect to use of the Tour Marks shall convey license rights only and shall convey no rights of ownership in or to the Tour Marks. (3) CBR represents and warrants that it has the right to use the Tour Marks, specifically including but not limited to the words "USA Pro Cycling Challenge", and to license the use of the Tour Marks to Host as set forth in Section l0a of this Agreement. (4) CBR shall own all right, title and interest in and to the Tour Marks. CBR shall have the right to take all steps reasonable necessary to protect the Tour Marks through PTO registrations and such foreign registrations as it deems desirable and through reasonable prosecution of infringements. CBR shall be the record owner of all such registrations for the Tour Marks. Host shall cooperate as reasonably necessary to assist CBR in obtaining such trademark protection and in prosecuting any alleged infringements of the Tour Marks except that Host shall not be obligated to expend any funds in connection therewith. 13 b. Host Marks. (1) The Host Marks are and shall remain the property of Host and Host shall take all steps reasonably necessary to protect such Host Marks through the PTO and foreign registrations as it deems desirable and through reasonable prosecution of infringements. (2) Host represents and warrants that it has the right to use the Host Marks and to license the use of the Host Marks to CBR for use in connection with the Tour and to provide the Host Benefits. (3) The rights granted to CBR by Host with respect to use of the Host Marks shall convey license rights only and shall convey no rights of ownership in or to the Host Marks. 12. Merchandising. The Parties acknowledge and agree that CBR shall be the sole licensor of all Tour-related merchandise bearing the Tour Marks. Host shall have the right to purchase Tour-Related Merchandise subject to the provisions listed above. Host shall have no right or license to manufacture Tour-Related Merchandise or any other merchandise bearing the Tour Marks. 13. Approvals. a. Except for the use of the Tour Mark in the normal course of transacting business Host agrees to submit to CBR for its prior written approval all proposed uses of the Tour Marks that Host wishes to make pursuant to the limited license granted to Host in this Agreement, including, if required by CBR, submission of representative samples of advertising, promotional and other materials to be used in connection with Host's products and services as well as any premiums that Host may wish to use containing the Tour Marks. If Host's request is not responded to by CBR within five (5) business days after CBR has received the material from Host, Host shall provide written notification to CBR of such fact and CBR agrees that any such proposed materials shall be deemed approved if Host's request is not responded to within five (5) business days following receipt of such written notice. b. If requested, Host shall supply to CBR for administrative and archival purposes at CBR's expense two (2) originals of all advertising, promotional or other materials in connection with the products and services to be used by Host in connection with the licenses granted under this Agreement. c. All requests for approval, including representative samples of all advertising, promotional and other materials shall be sent to CBR at the address for notices under this Agreement to the attention of the individual designated to receive notices for CBR. 14 14. Broadcast and Media Rights; Other Commercial Exploitation of Tour. As between Host and CBR, CBR controls all rights to distribute, promote, market and otherwise commercially exploit the Tour and the Host Stage by means of any and all audio, visual and audiovisual media of all types, including but not limited to television, radio, Internet and print, and wireless devices as well as with respect to sponsorship, licensing, hospitality, merchandising, and other marketing rights with respect to the Tour and that Host will not purport to grant or license any such rights to a third party without the prior express written approval of CBR. This provision shall not prohibit or preclude the Town from promoting itself, and including in such promotion the role that it played as a Host Town. 15. Ownership and Protection of Intellectual Property. a. Ownership of Intellectual Property. (l) Subject to the terms of Section 10 of this Agreement, each Party shall own all right, title and interest in and to all intellectual property created by or on behalf of such Party in connection with this Agreement, including without limitation, all logos, names, ideas, concepts, creative materials, promotional materials, advertising, graphics, including all copyrights and proprietary rights therein, and any inventions and discoveries first conceived or developed, whether or not protected by patent, trade secret or copyright, subject to the ownership rights of the other Party to such other Party's trademarks to the extent that such are incorporated into such intellectual property (such property being collectively referred to as the "Intellectual Property"). (That Intellectual Property which has been created by or on behalf of CBR is referred to as the "CBR Intellectual Property") (2) Notwithstanding the foregoing, the Parties acknowledge and agree that the Tour Marks and the distinctive colors, concepts, indicia and look displayed by CBR throughout the Tour and by CBR in its regular business operations and materials shall constitute CBR Intellectual Property and therefore be owned by CBR. Host expressly acknowledges that the Parties have agreed that all copyrightable aspects of the CBR Intellectual Property are to be considered "works made for hire"within the meaning of the Copyright Act of 1976, as amended (the "Act"), of which CBR is to be the "author" within the meaning of such Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, shall be owned exclusively by CBR as its creation and Host expressly disclaims any interest in any of them. Host expressly acknowledges that it is not a joint author and that the CBR Intellectual Property and all other work created by CBR hereunder are not joint works under the Act. (3) In the event (and to the extent) that any CBR Intellectual Property or any part or element thereof is found as a matter of law not to be "work made for hire" within the meaning of the Act, Host hereby conveys and assigns to CBR the sole and exclusive right, title and interest in the ownership to all such CBR Intellectual Property, and all copies of it, without further consideration, and agrees to assist CBR's efforts to register, and from time to time to enforce, all patents, copyrights, and other rights and 15 protections relating to the CBR Intellectual Property in any and all countries. To that end, Host agrees to execute and deliver all documents requested by CBR to evidence any assignment as well as otherwise in connection therewith. (4) Host understands that the term "moral rights" means any rights of paternity and integrity, including any right to claim authorship of a copyrightable work, to object to a modification of such copyrightable work and any similar right existing under the judicial or statutory law of any country or under any treaty, regardless of whether or not such right is referred to as a "moral right", including, without limitation, the rights of attribution and integrity in works of visual art pursuant to 17 U.S.C. § 106A. Host irrevocably waives and agrees never to assert any moral rights Host may have in the CBR Intellectual Property, even after any termination or expiration of this Agreement. (5) The Parties agree to affix appropriate copyright and trademark notices as reasonably designated by the other, together with their own notices as appropriate, on the CBR Intellectual Property to identify CBR as the owner of the CBR Intellectual Property and Host as the owner of the Host Marks. b. Protection of Intellectual Property. (1) Host acknowledges that it has no right, title or interest in the Tour Marks and that nothing in this Agreement shall be construed as an assignment to Host of any right, title or interest in the Tour Marks, except the license to use of the Tour Marks as provided in this Agreement. (2) Host agrees that CBR shall have the sole right to determine whether any action should be taken to terminate unauthorized use of the Tour Marks or to settle any proceeding brought by CBR to terminate such unauthorized use. All proceeds from any enforcement action shall belong exclusively to CBR. (3) CBR and Host agree to assist each other in the defense of any proceeding or claim with respect to the use of any Tour Marks by Host in accordance with the terms of this Agreement. CBR agrees to defend, at its expense, any such proceeding or claim on behalf of Host. Host shall be permitted to retain, at its expense, separate counsel in such defense. 16. Reservation of Rights. CBR reserves all rights not expressly licensed to Host under this Agreement. Any and all rights of CBR, including those in and to the Tour and the Tour Marks, not expressly granted to Host under this Agreement are reserved to CBR and may be exercised, marketed, exploited or disposed of by CBR concurrently with the Term of this Agreement in such form and manner as CBR wishes. Host acknowledges and agrees that this Agreement does not convey or grant to it any rights of ownership in or management of the Tour, CBR or the Tour Marks. 17. Representations and Warranties. 16 a. By CBR. CBR represents and warrants that: (1) It has the full right, power, legal authority and financial capability to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person, that there are no other agreements or commitments, oral or written, that will interfere with its full performance hereunder and that it will fully comply with all federal, state and local laws, rules and regulations applicable to the day-to-day conduct of its business and to its obligations and performances hereunder; (2) CBR owns and has authority to grant to Host a license to use the Tour Marks; (3) The Tour Marks do not infringe the trademarks or other proprietary rights of any other person or entity; (4) Any materials created under the control, direction or supervision of CBR shall be original, shall be owned by CBR and shall not infringe any third party copyright or trademark; and (5) It will comply with all applicable laws, regulations and ordinances pertaining to the promotion and conduct of the Tour. b. By Host. Host represents and warrants that: (1) It has the full right, power and legal authority to enter into and fully perform this Agreement in accordance with its terms without violating the rights of any other person, that there are no other agreements or commitments, oral or written, that will interfere with its full performance hereunder and that it will fully comply with all federal, state and local laws, rules and regulations applicable to the day-to-day conduct of its business and to its obligations and performances hereunder; (2) Host owns or has the authority to grant to CBR a license to use the Host Marks; (3) The Host Marks do not infringe the trademarks or other proprietary rights of any other person or entity; (4) Any materials created under the control, direction or supervision of Host shall be original, shall be owned by Host and shall not infringe any third party copyright or trademark; and 18. Indemnification. a. By CBR. To the extent permitted by law, CBR shall indemnify, defend and hold harmless Host, its affiliates, and their respective officers, directors, partners, 17 shareholders, members, agents, employees, and other representatives (collectively, the "Host Indemnified Parties"), from and against any and all claims, demands, damages, liabilities, lawsuits, losses or expenses, including without limitation, interest, penalties, reasonable attorney's fees, and all amounts paid in the investigation, defense or settlement of the foregoing (the "Indemnification Claim" or "Indemnification Claims") arising out of, based on or in any other manner related to: (1) the breach of any representation, warranty, material covenant or obligation of CBR under this Agreement; (2) any negligent act, negligent omission or willful conduct by CBR; and (3) any Claim that the Tour Marks or other CBR Intellectual Property infringe upon any patent, copyright, trademark, trade secret or any other right of a third party. b. By Host. To the extent permitted by law, Host shall indemnify, defend and hold harmless CBR, Medalist, the State of Colorado, USA Cycling, UCI, and Tour Sponsors, and their respective parent, subsidiary and affiliated companies, and each of their respective officers, directors, partners, trustees, shareholders, members, agents, employees, volunteers and other representatives (collectively, the "CBR Indemnified Parties"), from and against any and all Indemnification Claims arising out of, based on or in any other manner related to: (1) the breach of any representation, warranty, material covenant or obligation of Host under this Agreement; (2) any negligent act, omission or willful conduct by Host; (3) the products, services, and other deliverables provided by Host and its employees, volunteers, agents, representatives and contractors in carrying out its obligations under this Agreement; provided, however, that Host shall not be responsible for indemnification resulting from road conditions of State of Colorado maintained or Host maintained highways and roads; (4) the exercise by Host of its rights and the Host Benefits under this Agreement, including but not limited to any parking, food and beverage concessions, ancillary events or local sponsorships organized by Host; (5) advertiser's liability or other claim arising out of or in connection with the use by Host of the Tout Marks, including but not limited to any claim based upon an allegation of sponsorship or guaranty by CBR of Town; 18 (6) a claim that the Host Marks infringe upon any patent, copyright, trademark, trade secret or any other right of a third party; and (7) the failure or alleged failure by Host to comply with all Laws relating to labor relations, fair employment practices, safety and similar rules and regulations, including without limitation, all Equal Employment Opportunity (EEO) provisions as required by law, regulation or executive order. Notwithstanding the foregoing, this indemnification shall not extend to or include any claims, damages, suit or attorneys fees arising out of any claim or allegation that any of the routes, roads, trails or other parts of the Tour course were negligently designed or selected. c. Procedure Regarding Indemnification. Each Party shall give the other Party prompt written notice of any Indemnification Claim coming within the scope of any indemnity expressly set forth in this Agreement. Upon written request of any indemnitee, the indemnitor will assume defense of any such Indemnification Claim, action or proceeding. The indemnitee shall cooperate with the indemnitor in the investigation, defense and/or settlement of any such Indemnification Claim. The indemnification obligations in this Section 17 of this Agreement shall survive the expiration and/or termination of this Agreement. 19. Termination. a. Default. Either Party may terminate this Agreement, at its option, upon written notice to the other Party, upon the occurrence of one or more of the following events: (l) Material breach of any material covenant, agreement, representation, warranty, term or condition of this Agreement, if such breach has not been waived in writing and if such breach is not cured or remedied by the breaching Party to the other Party's reasonable satisfaction within thirty (30) days after delivery of written notice specifying the nature of the breach, or if the Parties agree that the breach is not capable of being cured or remedied within said thirty (30) days, then within the time period mutually agreed to by the Parties in a jointly approved plan of corrective action developed within thirty (30) days after the delivery of written notice to the breaching Party specifying the nature of the breach; (2) A Party becomes insolvent, fails to pay its debts or perform its obligations in the ordinary course of its business as they become due, admits in writing its insolvency or instability to pay its debts or perform its obligations as they become due, or becomes the subject of any voluntary or involuntary proceeding in bankruptcy, liquidation, dissolution, receivership or general assignment for the benefit of creditors, provided that, if such condition is assumed involuntarily, it has not been dismissed with prejudice within sixty(60) days after its commencement; or 19 (3) By CBR, in the event that the Host is the subject of public controversy of such a magnitude that CBR's association with the Host pursuant to this Agreement creates a negative association for CBR, in the reasonable judgment of CBR, in which case CBR may terminate this Agreement without cost or penalty. (4) By CBR, in the event that, in its reasonable discretion, the Tour as a whole, or the inclusion of the Host stage in the Tour, is no longer economically feasible. b. Effect of Termination. Should either Party terminate this Agreement as a result of a Termination Event set forth in subsection a above, then upon termination of this Agreement, Host's Host Benefits shall terminate and Host shall cease using the Tour Marks. In addition, should such termination result from termination notice given by Host to CBR from occurrence of a Termination Event of the type set forth in Sections 19a(1) or (2) above, CBR shall repay to Host all amounts actually expended by Host in performing its obligations hereunder; provided, however that in no event shall CBR be liable for amounts in excess of $10,000. Should termination result from termination notice given by CBR to Host from occurrence of a Termination Event of the type set forth in Sections 19a(1) or (3) above, Host shall repay to CBR all amounts expended by CBR in licensing to Host the right to host the Host Stage, to provide the Host Benefits, and to relocate the site for the Host Stage; provided, however that in no event shall Host be liable to CBR for amounts in excess of$10,000. 20. Independent Contractors. CBR and Host are independent contractors with respect to each other and nothing herein shall be deemed or construed to create any partnership,joint venture or agency relationship between them. Host is simply serving as host to the Host Stage of the Tour under the license of rights granted herein and is agreeing herein to provide certain services and to undertake certain obligations in order to acquire certain marketing rights and benefits. Neither Party shall have any authority to contract or bind the other Party in any manner and shall not represent itself as the agent of the other. 21. Insurance. a. CBR Provided Insurance. Throughout the Term of this Agreement (including any extensions thereof), CBR (or Medalist) shall provide and maintain, at CBR's expense, the following insurance policies which shall protect the CBR Parties on a primary basis from any and all Claims arising out of or in connection with respect to the staging of each Tour and the obligations of CBR pursuant to this Agreement: (1) General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate; (2) Auto Liability insurance covering Claims arising out of the use, operation or maintenance of any vehicle (whether owned, non-owned, leased, hired or 20 borrowed) by CBR, with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage (3) Workers' Compensation insurance covering CBR's employees with limits as required by statutory law, including Employer's Liability coverage with limits not less than $500,000 each accident. This requirement only applies to the extent that CBR has any employees. (4) Umbrella and/or Excess Liability insurance with limits not less than $4,000.000 each occurrence shall apply in excess of and on a following form basis to the primary Commercial General Liability, Automobile Liability and Employer's Liability policies; and (5) Any other insurance necessary and appropriate for the staging of the Tour as determined by CBR and Medalist. All such insurance to be maintained by CBR shall be (1) primary with respect to Claims arising out of the CBR's staging of each Tour and the obligations of CBR pursuant to this Agreement; and (2) shall be written by insurance companies with ratings of"A" or better in the latest edition of the A.M. Best key rating guide. All such coverage may not be cancelled unless CBR provides thirty(30) days prior written notice to Host. Policies (1), (2) and (4) above shall be endorsed to name Host and Host Indemnified Parties as Additional Insureds with respect to the negligent acts or omissions of CBR and Medalist. At least 15 days prior to each Tour, CBR shall provide Host with a certificate of insurance certifying that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. b. CBR Optional Insurance. CBR may, but shall not be obligated to, secure Event Cancellation insurance providing reimbursement of insured losses if any Tour does not take place, in whole or in part, due to any Act of God or other event beyond the control of the CBR and those other circumstances set forth in Sections 21 and 22 of this Agreement. Covered perils may include adverse weather conditions; natural disasters; outbreak of disease; damage to or loss of venue; unavoidable transportation delays; non- appearance of key participants due to death, injury or illness; situations which pose significant danger to the public or Tour participants; and other causes beyond CSR's control which are not specifically excluded under the policy. Notable exclusions will include war, civil commotion, riot, martial law, seizure, or radioactive/nuclear contamination; poor event planning and management; fraud, misrepresentation or concealment. All event cancellation proceeds shall constitute the property of CBR. CBR's obligation to secure Event Cancellation insurance is limited to the extent such coverage is available at a reasonable cost in the sole discretion of CBR. 21 c. Host Provided Insurance. Throughout the Term of this Agreement (including any extensions thereof), Host shall provide and maintain, at its expense, the following insurance policies (or equivalent self-insurance), which shall protect Host, CBR, Medalist, and the CBR Parties on a primary basis from any and all Claims arising out of or in connection with the Host's activities, operations, representations and warranties, rights, obligations and duties of Host pursuant to this Agreement: (1) General Liability insurance with limits not less than $1,000,000 each occurrence and $2,000,000 in the aggregate. Such insurance shall include coverage for contractual liability, products-completed operations, personal and advertising injury, premises damage legal liability, liquor liability (if applicable), property damage and bodily injury liability(including death); (2) Auto Liability & Physical Damage insurance covering Claims arising out of the use, operation or maintenance of any vehicle (whether owned, non- owned, leased, hired or borrowed) by Host, with limits not less than $1,000,000 each accident combined single limit for bodily injury and property damage; (3) Workers' Compensation insurance covering Host's employees with limits as required by statutory law, including Employer's Liability coverage with limits not less than $1,000,000 each accident, $1,000,000 disease-each employee and $1,000,000 disease-policy limit; (4) Umbrella and/or Excess Liability insurance with limits not less than $3,000,000 each occurrence shall apply in excess of and on a following form basis to the primary Commercial General Liability, Automobile Liability and Employer's Liability policies Policy. Such umbrella and/or excess liability insurance shall not be required if the primary policies of insurance afford limits of not less than $5,000,000 each occurrence. (5) Any other insurance necessary and appropriate for covering the Host's activities, operations, representations and warranties, rights, obligations and duties pursuant to this Agreement. All such insurance to be maintained by Host shall be (1) primary to and non-contributory with any insurance maintained by CBR and the CBR Parties; and (2) shall be written by insurance companies with ratings of"A" or better in the latest edition of the A.M. Best key rating guide Such coverage may not be cancelled or materially changed unless Host provides thirty (30) days prior written notice thereof to CBR. Host's participation in a public entity self insurance pool holding a certificate of authority from the Colorado Insurance Commissioner shall suffice in lieu of insurance meeting the rating requirement of this paragraph. Policies (1), (2) and (4) above shall be endorsed to name CBR and the CBR Indemnified Parties (as defined in Section 17b of this Agreement) as Additional Insureds with respect to the negligent acts or omissions of Host. 22 At least 15 days prior to each Tour, Host shall provide CBR with a certificate of insurance certifying that the appropriate insurance is in place and that the policies have been properly endorsed to meet the insurance requirements as set forth above. 22. Force Majeure. In the event that the Tour does not take place or is rescheduled, in whole or in part, due to any Act of God or other event not reasonably foreseeable by the Parties or beyond the control of the Parties which is generally considered an event of force majeure ("Force Majeure"), including without limitation, weather, fire, flood, act of public enemy or terrorism, strike or labor dispute, governmental action or directive or local, regional or national day of mourning, whether such event of Force Majeure has occurred in a community through which the Tour course shall run or not, then CBR may discontinue provision of the Host Benefits to and for the benefit of Host and Host need not continue to perform those Host Obligations which remain unperformed as of the date of cancellation or postponement. CBR shall determine whether the Tour is to be cancelled in whole or in part or postponed due to a Force Majeure event. Should the Tour be cancelled in whole or in part due to an event of Force Majeure, CBR shall have no further obligation, financial or otherwise, to Host and Host shall have no further obligation to CBR in connection with the Tour. In the event that the Tour is postponed in whole or in part due to an event of Force Majeure and CBR intends to reschedule the Tour, CBR and Host shall discuss in good faith the terms under which such rescheduling should occur. In the event of such cancellation or postponement due to a Force Majeure event, the obligations of CBR and the rights of Host shall be as specifically set forth in this Section 21 as the sole and exclusive remedy by virtue of such cancellation or postponement. 23. Cancellation or Postponement of Tour for Reason Other than Force Majeure. CBR represents and warrants that it will produce and operate the Tour and Host Stage as generally represented to the public, the Host, and as described in this Agreement and the Planning Manual. While deviations in the general scope of the Tour and/or Host Stage may occur, cancellation or postponement of the Tour shall only occur in accordance with the provisions of paragraph 19 and 22 of this Agreement. 24. Public Announcement. The Parties agree to make a joint public announcement and press release upon in the near future following execution of this Agreement. The Parties agree that the form and substance of such announcement and press release shall be mutually agreed between the Parties. 25. Police Power Reserved. This Agreement embodies the intent of the parties concerning rights and obligations of the Parties pertaining to production of the Tour and Host Stage only. The rights granted herein to CBR shall not waive, limit or otherwise restrict the right of the Town to exercise its police power with respect to its land use regulatory powers, control of its property, control of its rights-of-way, enforce its laws and ordinances, or otherwise. CBR shall comply with all laws and ordinances of the Town and shall pay, collect and remit all municipal sales and use taxes as may be 23 required by law. This Agreement shall not be construed as an approval by the Town of the Tour for the purpose of any regulatory approvals that are otherwise required. 26. General. Assignment. Host may not assign any rights or obligations under this Agreement or this Agreement itself, in whole or in part, without the prior express written consent of CBR. Notwithstanding the foregoing, Host may retain the services of subcontractors to discharge certain obligations under this Agreement. Further, notwithstanding the foregoing, Host may assign benefits set forth in paragraphs 6 through 8, above, to a duly organized non-profit corporation created and managed by the Host. a. b. Notices. Except as expressly provided to the contrary herein, any notice, consent, report, documents or other item to be given, delivered, furnished or received hereunder shall be deemed given, delivered, furnished and received when given in writing and personally delivered to and received by an officer or designated employee of the applicable Party, to seventy-two (72) hours after the same is deposited in the United States mail, postage prepaid, registered or certified first class mail, return receipt requested addressed as set forth below, or to such other address as either of the parties shall advise the other in writing or sent by confirmed facsimile transmission: If to Host: City of Aspen 130 S. Galena St. Aspen, Colorado, 81611 Attn.: Nancy Lesley City of Aspen 130 S. Galena St. Aspen, CO 81611 Attn: James R. True, City Attorney If to CBR: Classic Bicycle Racing LLC 1515 Arapahoe Street Tower 1, 10th Floor Denver, CO 80202 Attn; John M. Moore c. Entire Agreement; Modifications. This Agreement constitutes the entire agreement of the Parties hereto pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the Parties with respect to the subject matter hereof. This Agreement may not be modified, amended or supplemented or otherwise changed, except by a written document executed by an authorized representative of each of the Parties hereto. 24 d. No Waiver of Rights and Breaches. No failure or delay of any Party in the exercise of any right given to such Party hereunder shall constitute a waiver thereof, nor shall any single or partial exercise of any such right preclude other or further exercise thereof or of any other right. The waiver by a Party of any default of any other Party hereunder shall not be deemed to be a waiver of any such subsequent default or other default of any Party. e. Captions. Section headings used in this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement. f Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and authorized assigns. g. Governing Law. This Agreement shall be deemed to be a contract made under the laws of the State of Colorado and for all purposes governed by and construed in accordance with the laws of the State of Colorado without regard for its conflict of laws rules. h. Construction of Agreement. Each Party acknowledges that it has participated in the negotiation of this Agreement and that no provision of this Agreement shall be construed against or interpreted to the disadvantage of any Party hereto by any court or other governmental or judicial authority by reason of such Party having or deemed to have structured, dictated or drafted such provision. i. Relationship of Parties. This Agreement shall neither be deemed nor construed to create a joint venture or partnership between CBR and Host, nor shall this Agreement be deemed or construed as making either Party the agent or representative of the other Party. Neither Party shall have the authority to bind the other Party in any respect. j. Survival. Those covenants, acknowledgments, representations, agreements and obligations contained in Sections 10a(4), 9a(5), , 14-18, 19b, 21-23, and 25-26 of this Agreement shall survive the expiration and/or termination of this Agreement. k. Compliance with Law, Rules and Regulations. The Parties agree to comply with all federal, state and local laws, ordinances, orders, rules and regulations applicable to the performance of their respective obligations under this Agreement, both now existing and as such may hereinafter be adopted. 1. Time of Essence. The Parties agree that time is of the essence in performing obligations under this Agreement. m. Exhibits. The documents attached hereto as exhibits are incorporated by reference herein and made a part of this Agreement as if fully set forth herein. 25 n. Severability. The determination that any provision of this Agreement is invalid or unenforceable shall not invalidate this Agreement, all of such provisions being inserted conditionally upon their being considered legally valid, and this Agreement shall be construed and performed in all respects as if such invalid or unenforceable provision(s)were omitted. o. Exclusive Jurisdiction. The Parties agree that venue of any judicial action in connection with this Agreement shall lie exclusively in the state courts located in Pitkin County, Colorado, or the federal courts located in Denver, Colorado. The Parties accept, generally and unconditionally, the exclusive jurisdiction of such courts and any related appellate court and irrevocably agree to be bound by any judgment rendered thereby in connection with this Agreement. The Parties further agree that they irrevocably waive any objection they may now have or hereafter have as to the jurisdiction or venue of any such suit, action or proceeding brought in such court or that such court is an inconvenient forum. The Parties acknowledge that they possesses the requisite minimum contacts with the State of Colorado sufficient to establish jurisdiction over the Parties in State and Federal Courts in Colorado. p. Further Assurances. The Parties agree to execute and deliver, or cause to be executed and delivered, such instruments and documents as either Party may reasonably request or require to carry out more effectively the purpose and intent of this Agreement. q. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. r. No Third Party Beneficiaries. It is expressly understood that there are no third party beneficiaries to this Agreement. 26 IN WITNESS WHEREOF, the Parties hereto have caused their duly authorized representatives to execute this Agreement on their respective behalf, all as of the day and year first above written. CBR: Classic Bicycle Racing LLC By: � ��'� � Name: John Moore Title: Manager HOST: CITY OF ASPEN By: Name: Title: 27 USA IG "✓� CYCL/N CHALLENGE EXHIBITS A Host Town 2012 Request for Proposal (Stage Start and Finish) B Sponsorship C Challenge Marks D Host Marks 28 Q USA PRO /i/ CYCLING C/-GetLLENGE EXHIBIT A HOST TOWN REQUIREMENTS — STAGE START City Services — All Stages Police Services Local (City and/or County) police services and related costs are the responsibility of the host venue. In coordination with Colorado State Patrol, Colorado Department of Transportation, as well as the Tour's motor and road marshals and in conjunction with the LOC volunteer program, local police provide for a safe road closure, which may include fixed-post positions, traffic control, crowd control, enforcing no-parking zones and maintaining general public safety. Public Works and Road Services Local Public Works and Road Services and costs are the responsibility of the host venue. These services are necessary to support police efforts to ensure road closure and safety of the course. These services include: • detour and detour equipment barricades; • cones; • printing/posting of No Parking signs; • trash removal/restoration and street repair Permit Services All fees associated with city and county permits and permit requirements for the operation of the event are to be procured by the host venue on behalf of the Tour. They include, but are not limited to: • Parking - both on and off street • Alcohol (beer/wine) — including possibility of public consumption contained/sampling (i.e. within Finish Festival or Start Village footprint), as well as served in the Tour's official hospitality area. • Road closures and use of roads for setup/racing (includes permits for construction of staging, tents, wiring/electrical, generators, power equipment, and fork lift) 29 III 111111111111111 LISA G+RO )' CYCLING y C/iALLENGE • Special and Ancillary Events - pre-event and race day • Banners/Signs —hanging/display of pre-event, race day ads, and sponsor banners. • Race day structures, such as branded towers and oversized way-finding structures • Concession Sales - on-site concession stands and 10 individual peddlers serving the spectators. EMT/EMS Services It is the responsibility of the host venue to provide EMT/EMS services for the general public the day of their Stage. Please note that the Tour provides medical services for the athletes, team support and staff personnel. Placement of EMT/EMS services will be decided by the Tour's Technical Director. Resident & Business Notifications Host venues are responsible for notifying local residents and businesses of the impact of the Tour including road closures, traffic advisories etc. within their city limits. Direct mailers, door-to-door and association meetings are typical methods for LOCs to execute this outreach. Portable Toilets Host cities will secure port-o-let services or public restrooms during the day of the Stage. The number of units and placement of the units will be mutually agreed upon by the host venue and the Production Director. Portable toilets are to be guaranteed to arrive the night PRIOR to the start or finish event for the graveyard crews. Waste Management Host cities will provide waste management/trash removal services and recycling during and at the conclusion of the event. Necessary supplies and services include: trash containers, roll off containers, dumpsters, recycling containers, grey water containers & removal coordination and the crews to remove full containers of liners, and replace them with fresh liners. Also needed are crews to restore the venue to its original beauty, meaning removal of trash from streets, parking lots, parking garages, curbs, city property, county property and federal property. Street sweeping is recommended the day before the event and the evening after tear down. Host city will use the services of the Tour's designated Waste Management provider. The Tour will work to ensure a rate to the city within 10% of the market rate for the agreed upon services. 30 4 USA CVO-Ina a �/® CI-/ALLENGE Hotel Accommodations The LOC is FINANCIALLY RESPONSIBLE for all costs associated with the following rooms, including all-inclusive room rate (includes all local and state taxes/fees). (Please note that a "single" room is a room with one bed, for one person or to be shared by two people; a "double" is a room with two beds, to be shared by two people) Night Before The Stage Start-Advance Crew and Staff • 70 rooms (40/60 single/double rooms) • Parking expenses Hotel Requirements • Hotel rooms must be located as close proximity to the Start Line as possible, with the prior approval of Medalist. • Hotel must be a minimum of a 2-3 star property. • Individuals and Teams will be responsible for their own incidental charges; Hotels shall not require credit card pre-authorizations in excess of$50 per person and $100 per Team. Hotel properties will be pre-approved by the USA Pro Cycling Challenge Site Visit/LOC Meeting Rooms The LOC is financially responsible for providing the Tour with (60) hotel room nights to be used anytime from October 1, 2011 to October 1, 2012. Meals Start Crew Breakfast The Host City is financially obligated to provide breakfast for the start line construction crew and start advance staff(approximately 40 people). Breakfast should be served at the Start Line no later than 6:30 a.m. OR available at the host hotel by 5 a.m. Media Breakfast The Host City is financially obligated to provide a continental breakfast for approximately 50 working media in or near the media workspace. 31 f USA LING IRO CYC CHALLENGE Team/Caravan Boxed Lunches The Host City is financially obligated to provide (600) boxed lunches for the caravan teams and staff, to include (but not limited to): sandwich, fruit, chips, and cookies. Sandwich choices to include three varieties of meat, plus a vegetarian (small percentage veggie). Lunches should be dropped off 2.5 hours prior to the Start of the race. Caterer must box/bag lunches by type (i.e. veggie, ham, turkey, etc). The Tour will provide a box lunch RFP to assist with soliciting local caterers/restaurants. Auxiliary Spaces And Equipment Media Workspace The Host City is responsible for securing and covering all costs associated with the following ancillary needs: • A room to accommodate media check-in and work space (for up to 50) shall be provided in close proximity to the Start Line • A continental breakfast of coffee,juice, and bakery items will be supplied for 35 to 40 • Wireless Internet to accommodate upwards of 50 working media should be available at no charge Start Village The Host City is required to support the Tour with the START VILLAGE by assisting with the following, including electricity: • Allocation of a suitable area for the Start Village • Alcohol permitting of entire footprint of Start Village for alcohol consumption • Handle all Start Village permits and associated fees • Provide waste management coordination, using designated Tour provider, including receptacles, liners, liner replacement, dumpsters and grey water collection • Upon Start Village closure, host city is responsible for the cleanup and removal of all trash, recyclables and grey water through a contracted trash removal • Parking for all vendors 32 USA nron /5-1:±A C/iALLENGE Hospitality The Host City is financially responsible for providing the following, as it pertains to the official Tour VIP Hospitality area: • Allocation of a suitable area for the Hospitality tent that can accommodate 300 to 1000 guests and provides the best overall view of the start line • All Food and Beverage • Ice on site for catering, Start Village and any additional race day needs • Food & beverage for estimated 300 guests, final guest count to be confirmed by the Tour • VIP breakfast including high-end breakfast fare for Tour official partners, VIPs, and local VIPs that must include at least (1) hot breakfast item (*final menu subject to Tour approval) • Start Host City caterer should be contracted 90 days prior to the race. Host city should provide details of catering plan to Tour staff within 60 days of the event. • Breakfast provision must include all service ware, utensils, plates, service platters for food, as well as ice and ice bins • Provide waste management coordination prior to and during hospitality tent hours including receptacles, liners, liner replacement, dumpsters and grey water collection • Professional contracted wait/service staff to serve the breakfast (not volunteers) • Floral arrangements and decor for tables • Start host will have the opportunity to provide and feature localized decor to highlight specific characteristics of the host city/region. Subject to approval. • Front and back of house manpower • Table linens • The Tour will provide certain decor elements, tenting, tables and chairs, including set-up and teardown. • Access to a potable water connection within 150ft of the Hospitality tent 33 USA „,® CY CLING CHALLENGE • Provide electricity • Upon hospitality tent closure, the Start Host City is responsible for the cleanup and removal of all trash, recyclables, grey water and left-over food and beverage within the hospitality tent through a contracted trash removal service • The tour will provide a Catering "REP" document, outlining detail Parking Requirements Team Parking and Staging Area Requires parking for approximately 100 vehicles in close proximity to the START LINE. VIP Parking Requires parking located adjacent to the start area for approximately 100 vehicles for VIP's and sponsors. Start Village Event Parking Requires parking within close proximity of the start area for approximately 75 vehicles for event and festival vendors (local and national). Media Parking Parking for 50 local and visiting working media within close proximity of the press workspace. Staff Event Parking Requires parking for approximately 75 vehicles adjacent to the start line location. Crew Parking Parking must be secured for the construction crew vehicles at the Stage Start location with HIRED security. Security must be provided for the build crew graveyard shift and should begin the evening prior to the event to watch over equipment and crews. Volunteer Program The host LOC will be responsible for securing and organizing local volunteers for the Tour. Volunteers will assist the Tour and the LOC with coordinating activities on the day of the event. 34 LISA 1=10 /� CYCL/NG / CHALLENGE Each Host City will have different volunteer requirements, but the total number of volunteers is typically 200 to 300 per Host City. If LOC decides that volunteer check-in, for start or finish, is at a location other than the start or finish line location, then LOC is responsible for its own infrastructure (tents, tables, chairs, generators). The Tour will not provide these items to satellite locations. Ambassador Program The host LOC will be responsible for selecting, securing and organizing a small group (approx. 10-20) of volunteers as race day Ambassadors for the Tour. These individuals should be very familiar with the town and to be able to provide specific direction and information of the day's events (i.e. start/finish times, location of VIP, location of Start Villages, location of media room, hours of operation, etc...) Recycling Program The Tour is committed to producing a green event. As such, the LOC shall work with the Tour's designated waste management provider to provide sufficient means of recycling for all areas of the event. Clearly marked recycling bins should be placed at every trash receptacle to encourage attendees to recycle. Host Cities should provide dumpsters for recyclables only and inform Tour staff of the location of these dumpsters to ensure proper disposal of recyclables. These dumpsters must be provided within the entire footprint (i.e. hospitality, start/finish area, Finish Festival, etc.) HOST TOWN REQUIREMENTS — 35 USA I=IFIC3 �14 CYCLING CI-L• LLENGE STAGE FINISH City Services —All Stages Police Services Local (City and/or County) police services and related costs are the responsibility of the host venue. In coordination with Colorado State Patrol, Colorado Department of Transportation, as well as the Tour's motor and road marshals and in conjunction with the LOC volunteer program, local police provide for a safe road closure, which may include fixed-post positions, traffic control, crowd control, enforcing no-parking zones and maintaining general public safety. Public Works and Road Services Local Public Works and Road Services and costs are the responsibility of the host venue. These services are necessary to support police efforts to ensure road closure and safety of the course. These services include: • detour and detour equipment barricades; • cones; • printing/posting of No Parking signs; • trash removal/restoration and street repair Permit Services All fees associated with city and county permits and permit requirements for the operation of the event are to be procured by the host venue on behalf of the Tour. They include, but are not limited to: • Parking - both on and off street • Alcohol (beer/wine) —including possibility of public consumption contained/sampling (i.e. within Finish Festival or Start Village footprint), as well as served in the Tour's official hospitality area. • Road closures and use of roads for setup/racing (includes permits for construction of staging, tents, wiring/electrical, generators, power equipment, and fork lift) • Special and Ancillary Events - pre-event and race day • Banners/Signs —hanging/display of pre-event, race day ads, and sponsor banners. 36 USA /SRO /// CYCLING CHALLENGE • Race day structures, such as branded towers and oversized way-finding structures • Concession Sales - on-site concession stands and 10 individual peddlers serving the spectators. EMT/EMS Services It is the responsibility of the host venue to provide EMT/EMS services for the general public the day of their Stage. Please note that the Tour provides medical services for the athletes, team support and staff personnel. Placement of EMT/EMS services will be decided by the Tour's Technical Director. Resident & Business Notifications Host venues are responsible for notifying local residents and businesses of the impact of the Tour including road closures, traffic advisories etc. within their city limits. Direct mailers, door-to-door and association meetings are typical methods for LOCs to execute this outreach. Portable Toilets Host cities will secure port-o-let services or public restrooms during the day of the Stage. The number of units and placement of the units will be mutually agreed upon by the host venue and the Production Director. Portable toilets are to be guaranteed to arrive the night PRIOR to the start or finish event for the graveyard crews. Waste Management Host cities will provide waste management/trash removal services and recycling during and at the conclusion of the event. Necessary supplies and services include: trash containers, roll off containers, dumpsters, recycling containers, grey water containers & removal coordination and the crews to remove full containers of liners, and replace them with fresh liners. Also needed are crews to restore the venue to its original beauty, meaning removal of trash from streets, parking lots, parking garages, curbs, city property, county property and federal property. Street sweeping is recommended the day before the event and the evening after tear down. Host city will use the services of the Tour's designated Waste Management provider. The Tour will work to ensure a rate to the city within 10% of the market rate for the agreed upon services. 37 Hotel Accommodations The LOC is FINANCIALLY RESPONSIBLE for all costs associated with the following rooms, including all-inclusive room rate (includes all local and state taxes/fees). (Please note that a "single" room is a room with one bed, for one person or to be shared by two people; a "double" is a room with two beds, to be shared by two people) Night Before The Stage Finish • 180 rooms (85/15 single/double rooms) • Parking expenses Night of the Stage Finish • 450 rooms (50/50 ratio of single/double rooms) • Parking expenses Hotel Requirements • Best effort to secure rooms in no more than three hotel properties (the Tour is flexible based on location and lodging options) • The Tour will work with LOC to select properties for each functional area • Hotels must be a minimum of a 2-3-star hotel property • Hotels must be within close proximity to the Finish line • Hotels must be located in close proximity to each other • Individuals and Teams will be responsible for their own incidental charges; Hotels shall not require credit card pre-authorizations in excess of$50 per person and $100 per Team. The Tour will make a concerted effort to explore all opportunities to reduce overall rooming needs, based on final entourage headcount. If any reductions are found, the Tour will work with the LOC and respective lodging partner to reconfigure room blocks. The Tour must approve all properties prior to contracting and has the right of refusal for any properties A Site Visit/LOC Meeting Rooms The LOC is financially responsible for providing the Tour with (60) hotel room nights to be used anytime from October 1, 2011 to October 1, 2012. Meals Team Dinner The LOC is financially obligated to provide an organized dinner for athletes and team support personnel only (approximately 330 people) the NIGHT OF the STAGE FINISH, based upon the menu specifications provided by the Tour Operations Director. The dinner should be in no more than 3 locations and be mutually agreed upon by Town and Medalist. Staff Per Diem A dinner per diem of$15 (per person) should be provided for staff of 500 people. A restaurant "coupon" system may be used to cover this requirement. Team Breakfast The LOC is financially obligated to provide breakfast the morning AFTER the STAGE FINISH for athletes and team support personnel only (approximately 330 people). The Tour Operations Director will provide a specific menu for the team breakfast. The dinner should be in no more than 3 locations and be mutually agreed upon by Town and Medalist. Media Lunch The LOC is financially obligated to provide a lunch the day of the STAGE FINISH, for approximately 150 working media. The lunch should be located at the designated media workroom. Auxiliary Spaces And Equipment Media Work Room- Race Day Must be in close proximity to the finish line area (no more than one, short block from finish line). Requires approximately 2000 square feet. Workrooms will need to remain operational until 9:00 PM. • 150 chairs • Fifty (50) 6'skirted tables • Fifteen (15) 110V outlets and power strips for each table A • Two (2) high-speed copiers which collate and staple. Copiers will be delivered and installed in the media office and should print a minimum of 30-50 pages per minute. Copiers should come with a service agreement that includes on-site maintenance, if necessary • Ability to provide a wireless network with enough bandwidth capabilities to accommodate 150 working media. A 10 meg line (upload/download) is preferred. • Dish, DirectTV or Cable Service that receives VERSUS/NBC network hooked up to each television in the media workroom. • Two (2) televisions to project live race coverage • Sufficient trash and recycling cans Press Conference Area • Requires approximately 1,500 square feet; minimum • 100 chairs arranged theatre style • Three (3) 8-foot skirted tables • Four (4) 110V outlets with power strips • One working phone line for teleconference capabilities, if needed The Tour will provide a mult-box, microphones and a sound system. The Tour media operations team will provide a schematic with details regarding the press conference and media work room. TV Compound Internet Connectivity TIC or T2 LINES — Requires hard connections at the finish line, near the TV compound (to be mutually determined). The requirement is a minimum of 3 mpbs upload/download speed to sustain the connectivity needed. Medical Office Suite or meeting room at the Team Hotel with a nearby bathroom A Commissaires Meeting Room A small conference room, close to the FINISH LINE, for approximately 8-10 people. Must have access 1 hour prior to the Finish and 2 hours following the Finish of the race. Finish Festival The Host City is required to support the Tour with the FINISH FESTIVAL by assisting with the following, including electricity: • Allocation of a suitable area for the Finish Festival • Alcohol permitting of entire footprint of Finish Festival for alcohol consumption • Handle all Finish Festival permits and associated fees • Provide waste management coordination, using designated Tour provider, including receptacles, liners, liner replacement, dumpsters and grey water collection • Upon Finish Festival closure, host city is responsible for the cleanup and removal of all trash, recyclables and grey water through a contracted trash removal • Parking for all vendors • Provide entertainment for the Finish Festival Stage (Tour will provide the stage and sound equipment). Entertainment must be approved by Tour. Hospitality The Host City is required to support the Tour with the Hospitality/ VIP area by assisting with the following: • Allocation of a suitable area for the Hospitality tent that can accommodate 300 to 1000 guests and provides the best overall view of the finish line • Access to a potable water connection within 150ft of the Hospitality tent • Provide electricity A • Provide waste management coordination including receptacles, liners, liner replacement, dumpsters and grey water collection • Upon hospitality tent closure, host city is responsible for the cleanup and removal of all trash, recyclables and grey water through a contracted trash removal Parking Requirements Team Parking And Mechanics Work Area Requires a sizable portion of the Headquarter Hotel parking lot— equivalent of 10 — 15 contiguous parking spaces per Team - with HIRED overnight security. Each team travels with a combination of vehicles such as a motor coach, trailer and support vehicles, and additional space is needed for mechanics to work on bikes. Must have access to water— 75 — 150 gallons of non-potable water per team, and power—one 20-amp plug-in per team. The Host City is financially obligated to provide on-site, overnight Security at the Team HQ Hotel to monitor the team parking areas. Security should begin at approximately 7:00 pm through 7:00 am the following morning. Team Parking (Finish Line) Requires a sizable lot (approximately (160) parking spaces) in close proximity to the Finish Line, to accommodate team vehicles. Each team travels with a motor coach, trailer and support vehicle. VIP Parking Requires parking located adjacent to the finish area for approximately 200 vehicles for VIP's and sponsors. Finish Festival Event Parking Requires parking within close proximity of the finish area for approximately 150 vehicles for event and festival vendors. Media Parking Parking for 150 local and visiting working media within close proximity of the press workroom/press conference. Staff Event Parking A Requires parking for approximately 100 vehicles adjacent to the finish line location. Crew Parking Parking must be secured for the construction crew vehicles at the Stage Finish location with HIRED security. The Host City is financially responsible for providing Security, which should begin the evening prior to the Finish to watch over equipment and crews. Volunteer Program The host LOC will be responsible for securing and organizing local volunteers for the Tour. Volunteers will assist the Tour and the LOC with coordinating activities on the day of the event. Each Host City will have different volunteer requirements, but the total number of volunteers is typically 300 to 400 per Host City. If LOC decides that volunteer check-in, for start or finish, is at a location other than the start or finish line location, then LOC is responsible for its own infrastructure (tents, tables, chairs, generators). The Tour will not provide these items to satellite locations. Ambassador Program The host LOC will be responsible for selecting, securing and organizing a small group (approx. 10-20) of volunteers as race day Ambassadors for the Tour. These individuals should be very familiar with the town and to be able to provide specific direction and information of the day's events (i.e. start/finish times, location of VIP, location of Finish Festival, location of media room, hours of operation, etc...) Recycling Program The Tour is committed to producing a green event. As such, the LOC shall work with the Tour's designated waste management provider to provide sufficient means of recycling for all areas of the event. Clearly marked recycling bins should be placed at every trash receptacle to encourage attendees to recycle. Host Cities should provide dumpsters for recyclables only and inform Tour staff of the location of these dumpsters to ensure proper disposal of recyclables. These dumpsters must be provided within the entire footprint (i.e. hospitality, start/finish area, Finish Festival, etc.) A EXHIBIT B TOUR SPONSORS Protected Categories (Exclusivity) These categories are subject to change over the course of the planning process and could open up for local revenue opportunities. CBR will inform all Host cities regarding any additions/deletions made based on National Sponsorship in a timely manner. • Quick Service Restaurant and Fast Casual • Soft Drink • Auto • Bank • Energy • Cable/Satellite TV • Grocery • Beer/Wine/Liquor • Credit Card • Bank/Financial Advisors • Healthcare • Hospital • Energy Bar • Energy Drink • Alcoholic Beverages • Lasik Surgery • Consumer Electronics • Airline • Telecommunications • Waste Management The following categories will NOT be allowed for inclusion in the 2012 USA Pro Cycling Challenge: • Firearms • Pornography • Tobacco B 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: April 16, 2012 MEETING DATE: April 23, 2012 RE: Water Shortages—Ordinance update REQUEST OF COUNCIL: City Council approval of a Water Shortages ordinance change. The attached ordinance, Exhibit A, amends Sections 25.28.010, 25.28.020, 25.28.030, and 25.28.040 of Water Shortages for all city of Aspen water customers. PREVIOUS COUNCIL ACTION: Council declared a Stage I drought on June 10, 2002. As part of this declaration, temporary water rates were enacted in order to encourage and reinforce a program of voluntary water conservation measures. A target level of 10 percent reduction in water use was established in the Council action. The temporary rates became effective June 24, 2002 and were a three tier price structure with a 50 percent or 100 percent rate surcharge above a prescribed water use level. The temporary rates for what is categorized as "extraordinary water use" remained in effect for the July, August, September and October billing cycles. BACKGROUND: Aspen's municipal water supply comes from three sources: Castle Creek, Maroon Creek, and wells located in the Roaring Fork alluvium in the center of town. Castle and Maroon Creeks account for over 95 percent of the average annual supply, while use of wells account for an increased percentage during times of drought and water treatment plant upgrades. Unlike many community supplies, the Aspen water system has very little water storage, relying primarily on direct streamflow. During the peak summer usage period, runoff from snowmelt is the most important component. The City's water supply "storage" is, in fact, dependent on the amount of water stored as snowpack and to a lesser extent, water stored as groundwater. The system is designed in a manner that would allow all potable water supply needs (at full buildout) to be met in a year as dry as 2002 or 1977 (two of the driest years on record). It is too early to know if actual conditions this year will cause streamflows to drop below these historically dry conditions, but initial snowpack estimates indicate this will be a very dry year. These proposed actions to amend the Municipal Code place the City in a better position to implement measures necessary to ensure the City's water demands to match available supplies. Page I of 3 Unlike a reservoir storage system, we are not able to control the release of water to match peak summer water demand. Instead, we depend on the consistent release of water from snowmelt. We are generally able to estimate the amount and timing of the lowest volume of water available, based on the timing and amount of peak spring flow. The peak spring flow this year appears to be a month or more ahead of the normal timing and the peak flows will be well below average. This means that available streamflow in the late summer will be substantially below average and the potential for a water supply shortage exists. Please note, however, that the City's overall water usage has dropped due to its water conservation efforts and the likelihood that demand will outpace supply is thereby diminished. Potable water use for the 2002 water year exceeded 1.2 billion gallons while the comparable figure for 2011 is less than 0.9 billion gallons. As of April 16, 2012 the year-to-date precipitation at the Independence Pass site is 61.1 percent of the average value of 21.9 inches. Base flow conditions generally develop in the late summer and the extent depends on whether monsoonal rain conditions develop in July and August. Current forecasts indicate runoff could peak in early May, more than four weeks ahead of normal. A complicating factor in water supply forecasting is the manner in which water rights are administered in Colorado. Parts of the State are far drier than the Roaring Fork Valley. As a result of these conditions, we may witness early "calls" for water rights administration in the lower Gunnison and Colorado Rivers. Prudent water management needs to take these uncertainties into consideration. DISCUSSION: The temporary rates shown in Section 25.28.040 of the Water Shortages ordinance that apply when City Council declares a water shortage are currently lower than our existing rates and need to be updated to reflect current pricing, as well as price modifications for extraordinary water use, which staff is defining as water use that falls within Tier 3 and Tier 4 of each of our approximately 3,825 city of Aspen water accounts. Staff recommends a June[/, 2012 implementation of the Water Shortages rate which reflects a 30-day period after second reading/public hearing on May/p' and would only be enacted if council has implemented a Stage One, Stage Two or Stage Three Water Shortage by that date. FINANCIAL/BUDGET IMPACTS: If watering restrictions are implemented in any of the three Stages, revenue projections are expected to decline; however, these could be offset to some extent by higher rate structures for Tier 3 and Tier 4 for metered water customers and a higher demand rate for unmetered water users for whom meters are not feasible. (Unmetered users will pay a higher rate upon determination of a shortage). ENVIRONMENTAL IMPACTS: Without a city-wide water conservation and drought management plan, agricultural activities along the Roaring Fork and Colorado Rivers will be more negatively impacted than if we contributed to water conservation efforts, as will fish and wildlife habitat. Public safety concerns resulting in increased fire and flood hazards, as well as negative economic impacts due to decreased tourism, are also expected to occur if drought conditions persist. Page 2 of 3 RECOMMENDED ACTION: Staff recommends approval of the proposed Water Shortages ordinance amendment Section 25.28. Note that staff is not recommending a declaration of water shortage at this time and that subsequent City Council action will be required to declare a water shortage. ALTERNATIVES: Temporary water rates for anticipated 2012 water shortages, along with other associated Water Shortages ordinances in Section 25.28 Municipal Code, can be amended in any manner the Council may desire. Leaving the applicable rates to be applied in the event of a water shortage at their current level (lower than existing applicable rates during non-shortage conditions) would encourage increased water use and is therefore not recommended. PROPOSED MOTION: I move to adopt Ordinance 15 2012. CITY MANAGER COMMENTS: �l�e-0w—p14•'--<4t (th5 04424 Cc_ 4-0 p 4---f '11�-1"-k �'(Jaj W.0-Tv— Jate,, �-- 4) GC Gucc,QQ4rQ ATTACHMENTS: Exhibit A: Water Shortages Ordinance amendment Page 3 of 3 Attachment A ORDINANCE NO. 15 (Series of 2012) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,AMENDING CHAPTER 25.28 OF THE ASPEN MUNICIPAL CODE,WATER SHORTAGES. WHEREAS, Chapter 25.28 of the Aspen Municipal Code sets forth the action of the City upon the finding by City Council that the City is facing a water shortage; and WHEREAS, the temporary rates currently shown in Section 25.28.040 of the Water Shortages ordinance that apply when City Council declares a water shortage are currently lower than our existing rates and need to be updated to reflect current pricing; and WHEREAS, without a city-wide water conservation and drought management plan, activities along the Roaring Fork and Colorado Rivers will be more negatively impacted than if we contributed to water conservation efforts, as will fish and wildlife habitat; and WHEREAS, the proposed changes to this ordinance will allow for a more efficient and effective manner of addressing water use in the event a water shortage is declared by the City Council; and, WHEREAS,the amendments to the Code are delineated as follows: • Text being removed is delineated with strikethrough. Text being removed looks like this. • 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 Chapter 25.28 of the Aspen Municipal Code as follows: Sec. 25.28.010. Applicability. This Chapter shall become effective upon a finding by the City Council that the City is fac- ing a shortage in its supply of water. Such a finding shall be made by resolution. To the extent reasonable, findings of applicability of the stages set forth in this Chapter shall be coordinated with similar findings by other water users in the same drainage basin and find- ings by the State engineer and the Water Conservation Board shall be considered to be of a Attachment A persuasive nature. The provisions of this Chapter shall apply to the use of the treated water supply of the City and to raw water license agreements issued by the City and to other raw water agreements to which the City is a party to the extent those agreements pro- vide for curtailment of water use or suspension of water delivery during water shortages or emergencies. Upon such finding, the three-stage plan set forth in this Chapter shall be implemented. The duration of each stage shall be decided by the City Council according to the exigen- cies of the particular situation in question. It shall be an additional responsibility of the Water Superintendent, under direction of the City Manager, to ensure that the measures described for each implementation Stage are carried out and to provide sufficient coordination between City departments. (Code 1971, § 23-200; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 1 [part]) Sec. 25.28.020. Stages. (a) Stage One. The objective of water use restrictions during this stage is a ten percent (10%) reduction in water use. Voluntary conservation is encouraged during this condition. During the period designated Stage One: (1) There shall be lawn watering only to the extent determined permissible by the City Council according to the demands of the particular period in question. If no other specific schedule is adopted by City Council, an odd-even schedule shall be in effect on a voluntary basis. An "odd-even" schedule means that addresses ending in odd numbers and addresses ending in even numbers will water on alternate days, with odd numbers only irrigating the day following the declaration of Stage One restrictions, even numbers only irrigating the next day, and so on. (2) Public education materials shall be provided to encourage efficient use of the available water supply. (3)Public facilities will be directed to implement water use restrictions by adminis- trative order, including: limiting irrigation of public parks and golf courses to an ex- tent greater than the target reduction in overall water use; rcducoreducing street wash- ing to minimum level necessary to comply with air quality standards and suspending fire hydrant flushing and testing i",.�su el except when required for comple- tion and acceptance of a newly constructed water system. (4) IncreascUpon declaration of Stage One water shortage, increases in water rates for "extraordinary water use" (Sections 25.16.010[a] Paragraph [3] and 25.08.080[a] Paragraph [5])16.020 and 25.16.021) shall be imposed at water use lc vels approp_iete f r as mandated by the condition by vote of City Council. of Aspen City Manager up to the maximum rates defined in Section 25.28.040. (b) Stage Two. Prior to the expiration of Stage One, a period known as Stage Two shall be designated by the City Council, if the Council deems the entry of such stage necessary. Attachment A The Council may continue Stage One or terminate the water shortage period at its discre- tion. The objective of water conservation measures during this sStage Two is to achieve up to a thirty percent (30%) reduction in water consumption. Upon commencement of Stage Two, the City Council, by resolution, shall adopt one or more of the following additional measures which may be altered by resolution of the City Council during a Stage Two con- dition: (1) There shall be no washing of sidewalks, driveways, parking areas, tennis courts patios or other paved areas. (2) There shall be no refilling of swimming pools with water furnished by the City. (3) There shall be no noncommercial washing of privately owned cars, other motor vehicles, trailers or boats, except from a bucket and except that a hose equipped with a positive shut-off nozzle may be used for a quick rinse. (4) No new public or private landscaping installations shall be allowed with the exception of that required as a minimum for erosion control of disturbed surfaces as determined by the City. (5)No new water connections shall be authorized; however, existing authorizations shall be honored; provided, however, that this Seetion-subsection (5) shall not apply to users on a well whose well has run dry. (6) Watering of golf courses shall be restricted to the watering of tee boxes and Council.and parks shall be managed to achieve at least the 30% reduction in wa- ter use specified for stage 2. (7) Water shall not be used for dust control, except pursuant to authorization from the City or Pitkin County Environmental Health Department and only to the extent ne- cessary to comply with air quality standards. (8) Except for fighting fire, there shall be no use of water from a fire or specially designated loading hydrant for human consumption or for use in connection with ani- mals, street washing or construction water supply. Hydrant draft permits for any of the above uses shall be suspended for the duration of the Stage Two or Three designation. (9) Watering of any lawn, garden, landscaped area, tree, shrub or other plant shall be prohibited from 10:00 a.m. to 5:00 p.m., except from a hand-held hose or container or drip irrigation system. These limitations are in addition to any applicable limits from Stage One (e.g., odd-even watering schedule). The allowable time limits for irri- gation (both day of week and time of day) may be modified by City Council in accor- dance with the need for water conservation. Attachment A (10) There shall be no use by a car washing or bus washing facility in excess of seventy percent (70%) of the amount used by it during the corresponding billing period in the preceding year. If the facility was not operating during the preceding year, an assumed amount shall be computed from its records and from the rate of use of comparable facilities; provided, however, that this Paragraph subsection (10) shall not apply to any facility that recycles water in a manner satisfactory to the City Manager. (11) There shall be no nonresidential use in excess of seventy percent (70%) of the amount used by the customer during the corresponding billing period in the preceding year. If connection to the City system was not in existence during the preceding year, an assumed amount shall be computed based on the rate of comparable facilities. Said percentage may be increased by the City Manager for any connection, use or customer if the City Manager determines that such increase is necessary to protect the public health, safety and welfare or to spread equitably among water users of the City, the burdens imposed by the water shortage and the resulting lack of water in the City's supply; provided, however, that this provision regarding equitably spreading such bur- den shall in no way serve to injure, weaken or deprive the legal demands of an adjudi- cated water right under state statutes. (12) Flat rate water customers shall be required to meter water usage within thirty (30) days notice of the declaration of the Stage Two water shortage(unless it is in- feasible not feasible to install a meter at a construction sitc); or, pay 150% of exist- ing current unmetered rates during implementation of Stage Two and Stage Three Water Shortage ordinance. (13) Upon declaration of Stage Two water shortage, increases in water rates for "extraordinary water use" (Sections 25.16.010 and 25.16.020 and 25.16.021) shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Section 25.28.040. (c) Stage Three. Prior to the completion of Stage Two, the City Council shall deter- mine by majority vote whether to: (1) terminate the water shortage period; (2) revert to Stage One; (3) extend the time for Stage Two; (4) alter the use restrictions; or (5) enter Stage Three. If entered, Stage Three shall last until the City Council determines by resolution that the water shortage no longer exists. The City Council shall have the power to revert back to Stage One or Stage Two in its discretion or alter the use conditions should circumstances during Stage Three change and suggest such a course of action. The objective of restrictions in effect during Stage Three is to obtain a fifty percent (50%) reduction in water consumption. In addition to restrictions pertaining to Stage Two, the City Council may adopt one (1) or more of the following use limitations to go into effect upon entering Stage Three: Attachment A (1) Watering of any lawn, garden, landscaped area, tree, shrub or other plant ma- terial shall be prohibited except from a hand-held hose or container or drip irrigation system. (2) Use in any dwelling or separate residential unit in excess of fifty (50) gallons per day (or some other quantity decided by the City Council) for each resident thereof shall not be permitted. Each residence supplied with water by the City shall certify to the City Water Department in writing, under oath and penalty of perjury, the number of residents of each dwelling or separate residential unit billed to the customer. (3) There shall be no nonresidential use in excess of fifty percent (50%) of the amount used by the customer during the corresponding billing period of the previous year. If connection to the City system was not in existence or use during the preceding year, an assumed amount shall be computed based upon the City's records for comparable facilities. Said percentage may be increased by the City Manager for any connection, use or customer if the City Manager determines that such increase is necessary to protect the public health, safety and welfare or to spread equitably among the water users of the City the burdens imposed by the water shortage and the resulting diminution of the City's supply. (Code 1971, § 23-201; Ord. No. 27-1985, § I; Ord. No. 18-2002 § 3 [part]) (4) Upon declaration of Stage Three water shortage, increases in water rates for "extraordinary water use" (Sections 25.16.010 and 25.16.020 and 25.16.021) shall be imposed as mandated by the City of Aspen City Manager up to the maximum rates defined in Section 25.28.040. Sec. 25.28.030. Violations and sanctions. (a) If and when the City Council, Water Department or police department become aware of any violation of any provision for mandatory restriction imposed under a Stage Two or Three of water shortage as described in this Chapter, a written notice shall be placed on the property where the violation occurred and mailed to the person who is regularly billed for the water service where the violation occurs and to any other person known to the City who is responsible for the violation or its correction. Said notice shall describe the violation and order that it be corrected, cured or abated immediately or within such specified time as the City Manager determines is reasonable under the circumstances. If said order is not complied with, the Water Department may disconnect the service where the violation occurs. This provision also applies to any water waste pursuant to the defini- tion provided in Section 25.20.020 regardless of whether a Stage One, Two or Three drought condition water shortage has been declared by City Council. (b) A fee of ene five hundred dollars ($-190500.00) shall be paid for the reconnec- tion of any service disconnected pursuant to Subsection (a) above during Stage Two. (c) A fee of wed one thousand dollars ($2001,000.00) shall be paid for the reconnection of any service disconnected pursuant to Subsection (a) above during Stage Attachment A Three. Furthermore, no service disconnected pursuant to Subsection (a) above during Stage Three shall be reconnected unless a device furnished by the Water Department which shall is installed to restrict the flow of water to said service is-installed. (Code 1971, § 23-202; Ord. No. 27-1985, § 1; Ord. No. 18-2002 § 3 [part]) Sec. 25.28.040. Monthly rates for water shortages. Unless an alternative system of charges is adopted by City Council, the following temporary rates will be in effect during the time that City Council declares a water short- age. (a) A variable charge of($1.1682) per thousand gallons will be charged for usage between zero (0) the first and seven thousand five hundred (7,500) gallons per ECU. second tier of water consumption shall remain the same unless otherwise directed by the City of Aspen City Manager with a minimum of a 48-hour notification of the rate change via Public Notice on local radio and within daily local newspaper publications. (b) A variable charge : : • : ' - ECU.not to exceed a maximum of 175% of the existing per thousand gallons rate for tier three shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and within daily local newspaper publications. (c) A variable charge not to exceed a maximum of($2.3364)200% of existing per thou- sand(1,000) gallons will-bled rate for usage between fifteen thousand one (15,001) gallons tier four shall go into effect after a minimum of a 48-hour notification of this rate change by City of Aspen City Manager via Public Notice on local radio and above per ECU. within daily local newspaper publications. (Ord. No. 18-2002 § 3 [part]) (d) Rates for Bulk Water Sales to other water districts will be adjusted by City Manager in accordance with contract terms addressing rate increases. 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. Attachment A 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, Special Counsel MEMORANDUM TO: Mayor and City Council FROM: Blair Weyer THRU: Parks; Transportation; Police DATE OF MEMO: April 17, 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 a $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 #q" CITY MANAGER COMMENTS:_ ATTACHMENTS: (A) Bike & Pedestrian Safety Survey Summary (B) Proposed amendments to current municipal code. 3 Attachment A: Bicycle & Pedestrian Safety Survey Your age group: 200 150 100— 50— 0 <18 years 18-30 years 31-40 years 4130 years 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 Aspen/Pitkin County. Yes-4. No 0 200 400 500 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- tie- r• . 7 °.0 ■oti 11,1C 200 300 400 5 To what extent do you feel that someone riding a bicycle on the sidewalk is a danger to pedestrians? CM WA No danger 29.1 4 —Low danger MN Moderate danger MN High danger Ell 28.7% ,, What level of enforcement do you feel is necessary to keep sidewalks safe for pedestrians? milmiliiiiiiiima Relaxed enforcement– - 36 3 I I I I Moderate enforcement 41.3% I Strict enforcement 22.4 0 50 100 150 200 250 6 To what extent do you feel that someonf e riding a bicycle on a pedestrian mall is a danger to pedestrians? ETEI Me No danger 265% Low I:Moderate danger danger I= High danger 10.3% 28A% What level of enforcement do you feel is necessary to keep pedestrian malls safe for pedestrians? Relaxed enforcement— - _ __ 1 34 5 I I I I Moderate enforcement 38.0 L I 101 Strict enforcement 27.5 IL 0 50 100 150 200 250 7 What would you consider an ideal policy regarding individuals riding bicycles on pedestrian malls? 19.0 x Individuals should not _-be allowed to ride bicycles on pedestrian malls 5.6 x Individuals should be allowed to ride bicycles on pedestrian malls du... Individuals should be \ 19.0% allouied to ride bicycles on pedestrian malls du... Individuals should be allowed to ride bicycles on pedestrian malls aL Individuals should not be allowed to ride bicycles on pedestrian malls IIIIIIIndividuals 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 0 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 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 -its 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 (pods). 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 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 y - 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 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 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 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 flexibility 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 this. 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 sidewalks 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 Highway 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 carriages upon the sidewalks or malls of the CC Zoning District, except that horses and carriages may load and unload passengers and park on the mall at the corner of Galena and Cooper Streets. (e) Children under the age of eight years old, while riding on a sidewalk and while accompanied by an adult shall not be subject to the restrictions 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 vehicles. 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 April 23, 2012, in the Aspen City Council Chambers, 130 S. Galena St., Aspen, Colorado, prior to which hearing a public notice of the same was published in on the City of Aspen's official website 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 30 0 144. • .t. , `. I • MEMORANDUM TO: Mayor and City Council THRU: Don Taylor, Finance Director FROM: Don Pergande, Budget Officer DATE: April 16, 2012 RE: Second Reading: Adoption of Budget Supplemental—Ordinance No. /3 (Series 2012) this item will be discussed on Monday, April 23, 2012 Staff is requesting an amendment to the City's 2012 budget that increases the city-wide total expenditure appropriation from $95.2 to $115.2 million, (See Attachment A). Net of inter fund transfers, budget authority increases from $77.0 to $95.5 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: $1,329,120 See Attachment E Total Budget Requests: $19,984,140 See Attachment A TOTAL ORDINANCE: $115,177,680 See Attachment A Less Interfund Transfers $19,658,790 See Attachment F NET APPROPRIATIONS: $95,518,890 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 $1,329,120. 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. Second Reading Additions—highlighted in the following attachments • Attachment E—Technical Adjustments City Tourism Promotion Fund- Appropriation of accumulated fund balance of$18,440 for transportation expenses and $134,210 for marketing expenses in 2012. This fund balance was created by the lodging tax collection coming in higher than the budgeted expense amount in prior years. This fund is designed to use 100%of annual proceeds. Employee Housing Fund-This fund accounts for the Employee Housing Fund inventory. The appropriation of$245,000 funds the re-purchase of an employee housing unit at 707 Cemetery Lane which was placed into inventory and will be resold in the future. 2012 Budget Ordinance-2 First Reading Information 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. 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. 2012 Budget Ordinance-3 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. $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 increased in total from $931,470 to $1,329,120 from first to second reading. The details related to these adjustments can be found on attachment E of this packet. 2012 Budget Ordinance-4 ORDINANCE NO. 13 (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 CITY TOURISM PROMOTION FUND OF $152,650, 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 $460,930, AN INCREASE IN THE INFORMATION TECHNOLOGY FUND OF $1,303,320, A INCREASE IN THE HOUSING ADMINISTRATION 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, CITY TOURISM PROMOTION 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, CITY TOURISM PROMOTION 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 0 E L 0 O Q M b N CO N W M co on p W _ n T - 4 O m O W_ W m „ _ N K O M O O N : T Yj N N b 0 co . N < w °j N V N p CO CO 0. W — CO ,N N Nm N N w N N N N N N N N N N N N P 0, N N N N 9 O 0 0 p m 0 p O 0 0 p p o O p O p up a y O O N n a P , O CO . M en T CO P n p P ti N W O y b Q > T M b 00 _ - . N . co P N 6 w N N N in. w r.; w y N h N N N N w w w N w N w N N N IV N 0 N O O O O O O m 0 0 0 0 0 0 0 0 o O V O# p N N w N w b co a N b r C ` CO 0 n N N CM �y H 0 m as CO 0 N T CO N CO CO m m N CO w- w aJ O N N N O N H w 'a N H N N N N. N N N O. Qd p Po O p o m o p p o O o 0 00 o pp o o ° 0 CO 0 Z C .Q a C _ 00 n . N O. O O m - N b , . 4 2 m CO OP'` O C O b m0 N CO CO CO NI LL - N - b p - - ° w b m V o N co N w N w N N CO CO N• w N N N N N N N N w N w OD m N N N 0 re N To tN E g z 1- ¢ O - f C a n - N p b p o p o o n N O p N 0 O. C CO O C P . O - a W . P o °N u o 0 r 00 N e CO o. E y . T ^� N b N w co W. WW a co 6 Q > w N N w N N w M w CO N CO N w N N w N• w w N N w N N O. D _" CO a ,,, h w N a Ps N R N N N N pN ry N N a .° .,°� b b O °N q N °N w w N co e. a W. W E N w N.N ^ P o p` b m O O• C. c w H N w N N p N a.j E w N N w N W in N N LL O N r p0 N o a 00 o O u00i ry O p 00 p 00 Op o O o Op p 00 O o OO ,Q a p N V d 9 ° Om C . °N C0 . P O a T W oi Q 7 m M O P W N b b N ry P W W O CO O N on f % CO p• - - b O N O q w N w N N N N N N ti CO N CO N w w N w w N N N N H N N N N N N f 0 p In 0 b CO - CO CO CO 0 N 0_ N T b Vm N O TW N n O wO w b b b•O C w w N N N N w w w N N w y� N N 00 N 2. LL w N N N a a a i 0 a o. ka o E a c c E 0 -a c 0 3 : o o ' e E u d a a 2 W o _ ¢ w 2 E b W ° i E = E z` i c W w a h 2, _ L M N c o o O :g. c N E l'2' n n v - w o - _ a ¢ E 'o i c Q. E is ° _b 'w o o E ° o a a N - a a 2 E a rv ? _ °_' a LL i 'o w a` a o .a i as ¢ ! o : a _ i _ c e a _ oo a - 3 c N c _ 2 'o _ 0 o a o '" : E T. ° a - ° z ` i E E n " r a E E E .'. .. o v 3 '_- ° o E _o' _o' £ E `2 u- F ¢ cc `c z 0 .N s m V 2 'o a N , a s n - ° ° w w w $ c o E ° 3 00 Uu' 0 M c 3 Si F = X N 0 a N 0 < N wr 3 0 00 m 00 m 2 N _ _ F i M ¢ CO C 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 far 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 Sayings $405,270 $2,722,4901 2012 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 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 150.23.23000.83625 Workstation Replacement $360 150.23.23000.83655 PC Replacement $1,460 150.23.23010 Centennial Investigation $29,640 150.67.23700 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 AH $105,340 150.94.94353 BMC West $16,390 Subtotal,Housing Development Fund $2,362,180 Kids First Fund 152.24.24000.83625 Workstation Replacement $6,120 152.24.24000.83655 PC Replacement $3,750 152.26.26100.84729 Temple Hoyne Buell Foundation Grant Funding $47,500 152.24.24100.82911 Aspen Valley Medical Foundation Grant Funding $16,500 152.24.24100.82999 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 $2,500 152.94.94197.86001 Computer Peripherals-City $1,500 Subtotal,Kids First Fund $87,870 Stormwater Fund 160.42.16300.83625 Workstation Replacement $540 160.94.94112 Stormwater Master Plan-Smuggler and Hunter Creek $175,000 160.94.94115 Francis Street Stormwater Improvements $130,000 160.94.94120 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 421.43.43000.83625 Workstation Replacement $11,680 421.43.43000.83635 Equipment Maintenance and Repair $6,840 421.94.44408 Reclamation Project $531,260 421.94.44605 Iselin/Tiehack Waterline Across Maroon $400,000 421.94.44614 AABC Tie In $345,000 421.94.44105 Administration Building $205,030 421.94.94149 Workgroup Applications(City) $131,440 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 carts and lease equipment.See $339,200 memo for additional details. Agenda Management Software project funded from$12,160 the Clerk's Departmental $40,160 savings and$28,000 from Central Savings. Funding expanded service in the Downtown Core for the summer in the Parks and Open $38,400 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 event was approved as an going $30,000 event. The 2012 budget currently does not reflect this. This corrects this oversight. Subtotal,General Fund $447,760 Wheeler Opera House Fund 120.93.93000.88901 Transfer to Central Savings $5,140 Subtotal,Wheeler Opera House Fund $5,140 City Tourism Promotion Fund 130.00.19010.82000 Appropriation of fund balance for transportation expenses in 2012. This fund balance was $18,440 created by the lodging tax collection coming in higher than the budgeted expense amount in prior years. 130.00.19020.82025 Appropriation of fund balance for City of Aspen marketing expense in 2012 managed through $134,210 This fund balance was created by the lodging tax collection coming in higher than the budgeted expense amount in prior years. Subtotal,City Tourism Promotion Fund $152,650 Transportation Fund 141.34.34000.88901 Transfer to Central Savings $2,250 141.95.00000.95001 Temporary reduction transfer to the General Fund for the use tax position,reduction to 32 ($16,240) 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 Renewable Energy Fund to the $461,090 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 471.73.73000.88901 Transfer to Central Savings $950 Subtotal,Golf Course Fund $950 Employee Housing Fund 505.81.46501.82908 Accounting for the Employee Housing Fund inventory. This appropriation funds the re- $245,000 of an employee housing unit at 707 Cemetery Lane which was placed into inventory and will be resold in the future. Subtotal,Internal Health Insurance Fund $245,000 Information Technology Fund 510.61.61000.88901 Transfer to Central Savings $6,840 Subtotal,Information Technology Fund $6,840 Total Technical Adjustment All Funds: $1,329,120 2012 Budget Ordinance-17 Attachment F 2012 INTERFUND TRANSFERS Transfer From Transfer To Transfer Amount Purpose of interfund Transfer W0-Asset Management Plan Fund Parking Fund $150,000 Joint Project-Galena Plaza Redevelopment Debt Service Fund $93,200 Series 2005-STAR-AMP's Portion Wheeler Opera House Fund $88,500 Red Brick West End Project 10 Yr IF Loan Subtotal,Transfers $331,700 00I-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 $1,929,760 700-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-StormwaterFund 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 $2,184,480 431-.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 $1,045,600 441-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 The following memos are from the first reading supplemental budget ordinance packet. No additional memos were added for second reading. 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 Ellsperman, 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 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 1 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: 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 1 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 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: 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. 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) 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. FINANCIALBUDGET 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 Elisperman, 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 I 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. FINANCIAL/BUDGET 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 of2 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 I 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 PM10 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 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 $11,900. 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 I of2 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: April 13, 2012 MEETING DATE: April 23, 2012 RE: WE-cycle Bike Share Update REQUEST OF COUNCIL: The attached memo is for Council's information only. No decisions are needed. PREVIOUS COUNCIL ACTION: • In July 2011, Council approved the acceptance of a Congestion Mitigation Air Quality (CMAQ) grant for the purchase of one hybrid carshare vehicle as well as one set of bike share system components (kiosk and software without bikes). • In January 2012, Council approved an amended CMAQ contract. This contract merged the City's bike share equipment purchase with County CMAQ funds. BACKGROUND: Bike sharing typically involves a number of bicycles made available for shared use as a means of increasing mobility options and reducing traffic congestion and air pollution. Bike share programs are often considered a part of the "last mile" solution for transit, meaning that a bicycle can provide Page I of 3 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 2011, the Board of County Commissioners elected to move forward with the same project. CDOT 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. A contract combining the two projects was approved by Council in January 2012. This contract essentially turns the County's CMAQ funds over to the City. However the County has committed to paying its share of the match. The City's final cost for this project will be $6,023.00. DISCUSSION: The changes to the City's contract discussed above resulted in several months delay in issuing a Request for Proposals for bike share equipment. Upon receipt of a fully executed contract from CDOT, as well as the agency's final approval of the RFP, staff issued the RFP on March 26, with a deadline of April 26. Staff will return to Council with a contract for equipment purchase following vendor selection and notice to proceed from CDOT. The bike share equipment purchased by the City and County funds will be installed and operated by WE-cycle and non-profit bike sharing organization founded by Aspen residents Mirte Mallory and Philip Jeffreys. WE-cycle has provided an update on their organization's progress over the last few months which is included in your packet as Attachment A. FINANCIAL/BUDGET IMPACTS: There is no budgetary request at this time. The impact of the previously approved grant contract is as follows: Page 2 of 3 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 IMPACTS In the 1980's, the City of Aspen was designated a PM-10 (particulate pollution sized 10 microns or less) non-attainment area by the U.S. Environmental Protection Agency. A number of mitigation measures including free transit, paid parking and an anti-idling ordinance helped Aspen receive a PM-10 maintenance designation in 2003. However, Aspen continues to be challenged in maintaining and meeting future air quality standards. Programs that decrease the need for vehicle ownership and/or single-occupant driving are key to reducing PM-10 levels. RECOMMENDED ACTION: No action is needed at this time. Staff will return to Council with a contract to purchase bike share equipment. ATTACHMENTS: Attachment A: WE-cycle Update Page 3 of 3 Attachment A WE- 'C_f. April 16, 2012 RE: WE-cycle update to City Council - 2011 was one of education and outreach for WE-cycle. WE-cycle: o Proactively engaged the community by participating in: Bike to Work Day, Bus Rider Appreciation Day, Aspen Saturday Markets, the US Pro Cycling Challenge, and at a Get to Know Bike Sharing table at the Basalt Park and Ride o Produced two videos that capture the broad enthusiasm for WE-cycle and the positive impacts it will have on the community. Please preview these videos at www.we-cycle.orq o Surveys taken throughout the summer at the various events confirm support for bike sharing: • 67% of respondents would use bike sharing in Aspen • Bike sharing would be used: 45% for errands, 33% for work, 24% for meetings, 21%for lunch and events, 19% as part of commute • 60% of respondents think that traffic coming into, and around, Aspen is a problem o WE-cycle commissioned a third-party Feasibility Study to determine the viability of bike sharing in Aspen. The report indicated that: • "We-Cycle is well positioned to succeed granted it can secure the necessary funds (public and private)to launch and operate its bike share program. The business model assumptions are aligned with existing program's characteristics and integrate specific variables to account for Aspen's unique characteristics (size, community focus, population, etc)." • A demand analysis evaluated station locations and projected use by combining population data with bus rider data and bus station locations. The study projected 45,750 bike sharing rides in the first year with 7,750 of those trips originating/ending at Rubey Park. - WE-cycle's strengthens and furthers partnerships. o Current Founding Partners include: RFTA, City of Aspen (through Federal CMAQ funding), Pitkin County(through Federal CMAQ funding), the Aspen Institute, the Aspen Meadows, and the Aspen Skiing Company. o Please note: Federal CMAQ funding can only be used for programs that will reduce congestion and improve air quality. CMAQ funding is being used for the purchase of bike sharing infrastructure and not operations. o Federal CMAQ funding, contributions from WE-cycle's Founding Partners, and other generous private donations comprise the capital campaign to purchase the bike sharing infrastructure. o WE-cycle's operations will be funded through bike sharing memberships, user fees, and system sponsors. - WE-cycle plans to launch in 2013. o The use of Federal CMAQ funding requires compliance with a federal approval and procurement processes. Hence, WE-cycle will now launch in the spring of 2013 due to the lengthy duration of the federal process and the long lead times associated with system delivery as many communities nationwide are beginning bike sharing programs. o The Request For Proposal process is underway and a bike sharing vendor will be selected by end of May. - Summer 2012 Priorities o In cooperation with the vendor selected through the RFP process, WE-cycle hopes to acquire a demonstration station for summer visibility and outreach. o Per manufacturer requirements, WE-cycle will update locations specifications. o Fundraising and building partnerships continue as WE-cycle's top priority. 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; HOA 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 of3 2012 Budget Ordinance-01 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 MODIFICAHON 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 1 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. FINANCIAL/BUDGET 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 1 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-03 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 of 3 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 Depai tuient 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. FINANCIALBUDGET 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 "I 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 1 of 1 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 of 3 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 II, 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-50 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 math 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. VBudget 2012\2012-03-28 Electric&Renewables C-F Justifications Page 1 of 1 2012 Budget Ordinance-51 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 II 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 2 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. FINANCIALBUDGET 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: "I 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 12th 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 16th 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 2012 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: "I 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 8`11, 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 of 2 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# 1 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 21"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 EXECUTIVE SESSION Date April 23,2012 Call to order at: V . I. Co ilmembers present: Councilmembers not present: ick Ireland n Mick Ireland Steve Skadron n Steve Skadron "-dam Frisch n Adam Frisch rre n Torre Derek Johnson n Derek Johnson II. Motion to b o into executive session g by / des Illi kL__,,, ; seconded by Other persons present: 4 AGAINST: FOR: Ir. 'ick Ireland n Mick Ireland p eve Skadron n Steve Skadron 1.12 'dam Frisch n Adam Frisch tia orre n Torre plA Derek Johnson n Derek Johnson III. MOTION TO CONVENE EXECUTIVE SESSION FOR THE PURPOSE OF DISCUSSION OF: C.R.S. 24-6-402(4) (a)The purchase, acquisition, lease, transfer, or sale of any real, personal, or other property interest (b) ' onferenc s with an att rney for the local public body for the purposes of receiving legal advice on specific legal que ions. 77 ak �C44 cz�'t b-�_ I /� (c) Matters required to be kept confidential by federal or state law or rules and regulations. (d) Specialized details of security arrangements or investigations, including defenses against terrorism, both domestic and foreign, and including where disclosure of the matters discussed might reveal information that could be used for the purpose of committing, or avoiding prosecution for, a violation of the law; (e) Determining positions relative to matters that may be subject to negotiations; developing strategy for negotiations; and instructing negotiators; (f) (I) Personnel matters except if the employee who is the subject of the session has requested an open meeting, or if the personnel matter involves more than one employee,all of the employees have requested an open meeting. IV. ATTESTATION: The undersigned attorney, representing the Council and being present at the executive session, attests that the subject of the unrecorded portions of the session constituted confidential attorney-elie ommuAc_ation: The undersigned chair of the executive session attests that the discussions in this executi�session wer j;mited to the topic(s)described in Section III, above. �/4 i/ iili/%'tii A. cis , Adjourned at: