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Home My WebLink Aboutagenda.council.regular.20050613II. III. CITY COUNCIL AGENDA June 13, 2005 5:00 P.M. Call to Order Roll Call Scheduled Public Appearances a) Outstanding Employee Bonus Awards IV. Citizens Comments & Petitions (Time for any citizen to address Council on issues NOT on the agenda. Please limit your comments to 3 minutes) Special Orders of the Day a) Mayor and Councilmembers' Comments b) City Manager's Comments c) Board Reports VI. Consent Calendar a) b) c) d) e) f) Resolution #37, 2005 -2005 Pavement Plan Contract Resolution #38, 2005 - Variable Message Sign Contract Resolution #39. 2005 - Brush Creek Park and Ride Construction Contract Resolution ~40, 2005 - Reimbursement 2005 Open Space Acquisition Resolution fl41,2005 - Reimbursement Water Reuse Project Construction Minutes - May 23, 2005 VII. Action Items a) Resolution g42, 2005 - Acquisition of Maroon Creek Hydro Plant Site b) Resolution #23, 2005 - Design Contract AABC Housing c) Council Commendations VIII. Swearing in New Council and Mayor IX. Special Orders of the Day a) Mayor's Comments b) Councilmembers' Comments c) City Manager's Comments X. Consent Calendar (These matters may be adopted together by a single motion) a) Resolution #43, 2005 - Burlingame Ranch Change Orders to Part I Contract b) Resolution fl44, 2005 - Burlingame Contract Part II c) Resolution fi45, 2005 - Police Radio Contract XI. First Reading of Ordinances Xli. Public Hearings a) Ordinance #26, 2005 - Code amendment - Recycling Initiatives Continue to 6/27 XIII. Action Items a) Direction on Valet Parking Contract XlV. Adjournment Next Regular Meeting June 27, 2005 COUNCIL SCHEDULES A 15 MINUTE DINNER BREAK APPROXIMATELY 7 P.M. MEMORANDUM TO: FROM: THRU: THRU: DATE: RE: Mayor and City Council Jerry L Nye, Superintendent of Streets Steve Barwick, City Manager Randy Ready, Asst. City Manager June 3, 2005 Asphalt Improvement Project Contract 2005 - 012 SUMMARY: Staffrecommends approval of the attached contract for $153,241.80 with Elam Construction to accomplish the 2005 Street Improvement Project. PREVIOUS COUNCIL ACTION: City Council approved $137,877 for this project as part of the 2005 Asset Management Plan. BACKGROUND: This contract is a result of competitive bid process. There were two qualified bids and Elam Construction was the low bidder DISCUSSION: This contract is to complete the 2005 Street Improvement Project that has been budgeted for this year. The work to be done involves asphalt overlays to sections of the following residential streets: North 1st Street from the south side of Bleeker Street to Smuggler Street South 3Rd Street from Main to Hopkins Street Castle Creek Road from the end of the curb & gutter at the Roundabout to a point just south of Doolittle Drive Stage Road including the underpass road The entrance to the Rio Grande Parking Garage from Rio Grande Place Work being done is mostly edge milling and 1 1/2" overlays to give the streets a greater structural stability for longevity and wear factor. On Castle Creek Road, there will be an edge rotomill and a new 2" asphalt mat being put down. FINANCIAL IMPLICATIONS: The 2005 Asset Management Plan contains $137,877 for this contract. In addition, there is a $23,803 carryforward available from last year's pavement improvement plan, and the parking improvement fund will cover the $1,500 cost of the garage entrance repaving. RECOMMENDATION: Staff recommends Council approval for this contract with Elam Construction to accomplish the 2005 Street Improvement Project to keep the structural integrity of the City streets intact. PROPOSED MOTION: ! move to approve Resolution # ~'~ of 2005 on the consent calendar of Monday, June 13, 2005. CITY MANAGER COMMENTS: ~ ,.~.~ ~ ~ 03 ~,) RESOLUTION NO. Series of 2005 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND Elam Construction, Inc., AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID DOCUMENT(S) ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a CONTRACT between the City of Aspen, Colorado and Elam Construction, Inc. a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that CONTRACT between the City of Aspen, Colorado, and Elam Construction, Inc. 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 to execute on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the 13t~ day of June 2005. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk CONTRACT FOR CONSTRUCTION THIS AGREEMENT, made and entered into on , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Elam Construction, hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: 2005 Street Improvements Project (Project # 2005-012). WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice To Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed One Hundred Fifty Three Thousand Two Hundred Forty One Dollars and Eighty Cents ($153,241.80) or as shown on the BID proposal. CC2-971.doc Page 1 **CC1 14. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. IN WITNESS WHEREOF, the parties agree hereto have executed this Contract For Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By:. Title: RECOMMENDED FOR APPROVAL: ATTESTED BY: John 1~. Elam, Assistant Secretary APPROV~E~J~.~ ~ TO FORM: By: ~ ' Title: Harold F. Elam, President INC. Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CC2-971.doc Page 3 **CC1 THE AMERICAN INSTITUTE OF ARCHITECTS Bond #6254891 AIA Document A311 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 1225 SOUTH 7TH. ST. GRAND JUNCTION, CO 81501 as Principal, hereinaftercalled Contractor, and, SAFECOINSURANCE COMPANY OF AMERICA (Hereinsedfullnameandaddressorlegaltitie~Surety) SAFECO PLAZA SEATTLE, WA 98185 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN (Here insert full name and address or legal title of Owner) 130 W. GALENA ST. ASPEN, CO 81611 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 801100 Dollars ($ 153,241.80), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for (Here insert full name address and description of project) 2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO. 2005-012 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a par[ hereof, and is hereinafter referred to as the Contract. A[A BOCUMENT A311 PERFORMANCE BONB AND LABOR AND MATERIAL PAYMENT BOND AIA O FEBRUARY 1970 ED THE AMERICAN IN$~'ITUTE OF ARCHITECTB, 1735 N,Y. AVE,~ NW,, WASHINGTON~ D.C, 20006 PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract be[ween such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set fodh in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 19th day of May, 2005 John R. IWitness Elam, Assistant Secretary ~Witness ELAM C TRUCTIO..~~~. Harold F. Elam, President SAFECO INSURANCE COMPANY OF AMERICA Surety Seal '(Title) .,/ Mark H. Sweigart, Attorney-in-F~ct Seal AJA DOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND A[AO FEBRUARY 1970 ED THE AMERICAN ]NSTtTUTE OF ARCHITECTS, 1735 N. ¥. AVE,, N.W. WASHINGTON, D.C. 20006 2 THE AMERICAN INSTITUTE OF ARCHITECTS Bond #6254891 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 1225 SOUTH 7TH. ST, GRAND JUNCTION, CO 81501 as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA (Here insert full name and address or legal title of Surety) SAFECO PLAZA SEATTLE, WA 98185 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN (Here insert full name and address or legal title of Owner) 130 W. GALENA ST. ASPEN, CO 81611 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 80/100 Dollars ($ 153,241.80), (Here insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for (Here insed full name address and description of project) 2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO. 2005-012 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE E~OND AND LABOR AND MATERIAL PAYMENT BOND AIA O 3 FEBRUARY t970 ED '~HE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE. N.W., WASHINGTON, D.C. 20000 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all Labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for payment of any costs or expenses of any such suit, 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other that one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or furnished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court.of competent for the jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 19th day of May, 2005. -- ~ (Witn-es~) ELAM CON..~RUCTION, INC. ~,arold Fi Elam,[r~l~sident SAFECO INSURANCE COMPANY OF AMERICA (Seal) (Surety) (Title) Attomey-in-F~ct Mark H. Sweigart, AttorCey-in-Fact (Seal) AIADOCDMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo 4 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W. WASHINGTON, D.C. 20006 POWER S A F E C O' OF ATTORNEY SAFECO iNSURANCE COMPANY OF AMERICA GENERAL [NSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO pLAZA SEATTLE, WASHINGTON 98185 NO. 9579 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********DARRELL C.R. OLSON; DARRELL C.R. OLSON It; MARK H. SWEIGART; LANCE M. OLSON; CHERYL M. HUSTED; Englewood, Colorado*********** its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th CHRISTINE MEAD, SECRETARY day of November , 2003 MIKE MCGAVlCK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the president, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys4n-fact or under other appropriate rifles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authofify or on any bond or undertaking of the company, the seal, or a facsimJte thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Secfion 13 of the By-Laws, and (ii) A copy of the power-of-attorney appoictment, executed pursuant thereto, and (iii) Certifying that said power-of-atfurney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretap/of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seam of said corporation this 19TH. dayof MAY 2005 SEAL CHRISTINE MEAD, SECRETARY S-09741SAEF 2/01 ® A registered trademark of SAFECO Corporation 1110712003 PDF THE AMERICAN INSTITUTE OF ARCHITECTS Bond #6254891 AIA Document A311 Performance BOnd KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, INC. (Here insert full name and address or legal title of Contractor) 1225 SOUTH 7TH. ST. GRAND JUNCTION, CO 81501 as Principal, hereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA (Here insert full name and address or legal t[Ue of Surety) SAFECO PLAZA SEATTLE, WA 98185 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN (Here insert full name and address or legal title of Owner) 130 W. GALENA ST. ASPEN, CO 81611 as Obligee, hereinafter called Owner, in the amount of ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 80/100 Dollars ($' 153,241.80), for the payment whereof Contractor and Surety bind themselves, their heirs, execUtors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated entered into a contract with Owner for (Here insert full name address and description of project) 2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO, 2005-012 in accordance with Drawings and Specifications prepared by (Here insert full name and address er legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. PERFORMANCE BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1} Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. Signed and sealed this 19th day of May, 2005 John R. rant Secretary ~itness ~" q ~rifle) Harold F. Elam, President Seal SAFECO INSURANCE COMPANY OF AMERICA Surety Seal '(Title) ,//. Mark H. Sweigart, Attorney-in-Fact AIADOCUMENTA~11 PERFORMANCEBONDANDLABORANDMATERIALPAYMENTBOND AIAO FESRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N. Y. AVE., N.W., WASHINGTON, D.C. 20606 THE AMERICAN INSTITUTE OF ARCHITECTS Bond #6254891 AIA Document A311 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERF~)RMANCE BOND IN FAVOR OFTHE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that ELAM CONSTRUCTION, IN'C. (Here insert full r~3me and address er legal title of Contractor) 1225 SOUTH 7TH. ST. GRAND JUNCTION, CO 81501 as Principa[,~ereinafter called Contractor, and, SAFECO INSURANCE COMPANY OF AMERICA (Here insert full name and address er legal title of Surety) SAFECO PLAZA SEATTLE, WA 98185 as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF ASPEN (Here insert full name and address er legal title of Owner) 136 W. GALENA ST. ASPEN, CO 81611 as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of ONE HUNDRED FIFTY THREE THOUSAND TWO HUNDRED FORTY ONE AND 801100 Dollars ($ 153,241.S0), (Here insert a sum equal to at least ~ne-half of the contrac! price) for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated entered into a contract with Owner for (Here insert fuji name address and description of project) 2005 STREET IMPROVEMENTS PROJECT, LOCATED IN ASPEN, COLORADO / PROJECT NO. 2005-012 in accordance with Drawings and Specifications prepared by (Here insert full name and address er legal title of .~chitect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311 PERFORMANCE BOND AND LAEQR AND MATERIAL PAYMENT BOND AJA O 3 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS~ 1735 N.Y. AVE.~ N.W., WASHINGTON, D.C. 20006 LABOR AND MATERIAL PAYMENT BOND NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to ali claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant and have execution thereon. The Owner shall not be liable for payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other that one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within (90) day after such claimant did or performed the last of the work or labor, or furnished the las of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail; postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any state in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court.of competent for the jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the project or any part thereof is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanic's liens which may be filed of record against said improvements whether or not claim for the amount of such lien be presented under and against this bond. Signed and sealed this 19th day of May, 2005. ~' (WitnesS) ELAM CON..~UCTIOI~, I.NC. V (I' le Harold F. Elam, ~r~sident SAFECO INSURANCE COMPANY OF AMERICA (Seal) (Surety) (Title) Attorney-in-F/a'ct Mark H. Sweigart, Attor~/ey-in-Fact (Seal) AIADOCUMENT A311 PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND AIAo 4 FEBRUARY 1970 ED THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 STATE'B ORADO DEPARTMENT OF STATE CERTIFICATE I, DONETTA DAVIDSON, Secretary of State of the State of Colorado, hereby certify that the following individual is appointed and coamLissioned a Notary Public for the State of Colorado as of 01/20/2005, texan to expire 01/20/2009 unless sooner concluded for cause. HARVEY, VALERIE J 0239 SNOWMASS CLUB DR PO BOX 6565 SNOWMASS VILLAGE, CO 81615 Dated: January 26, 2005 - SECRETARY OF STATE Project # 2005-012 Adjust Valve/Monument 23 Adjust Manhole 11 Traffic Control, Barricading. I Lump Sum. · obilization & Demobilization. '1 Lump Sum. ~lob & Demob, Sub Cont Only J Lump Sum. PJO = ROTOMILL-Butt Joint. SY 475 Sq.YRDS R/O = ROTOMILL-Edge Mill .SY 7,139 Sq.YRDS 1112" MGF=70-28.SY 10,488 Sq.YRDS 2" MGF=70-28. SY 7,805 Sq.YRDS AC 10FLevellPatching TN. 30 Tons BRANCH SECTION # SIZE Size No. Butt Edge MGF WORK NAME STREET FROM:-TO: width Length Butt. Joint' Mill SQ. Joint SQ. Yrd, SQ. Yrd Yrd. MGF Round About C&G to CCR Castle Creek Rd. Pitken County sign 32 2,'195 2 72 611 7,806 2" Under Pass. N. Stop sign To S R Stage Rd. S. Stop sign 25 735 2 56 1,634 2,042 11/2" S R Stage Rd. N. Stop Sign - Harmony LN. 26 995 2 58 2.211 2,875 1'112" S-3RD S. 3RD ST. 1 - W. MAIN ST. - W. HOPKINS. 32' 247' 2 71 0 933 1112" W-SM iN. SMUGGLER ST. 3 - N. 5TH ST. - N. 6TH ST. 31' 300 2 69 667 1,034 1'112" N-IST N. 1STST. BLEEKERST.-W. SMUGGLER. 36' 861 2 80 1,9'14 3,445 1112" PG Parking Garage Rio Grande- Building 31' 46' 2 69 102 '159 1'112" ~5/1!/2~85 13~37 13709205815 CIT"/ OF ASPEN STREET 2005 BID iTEM DF~SCRI?TION Mobilization & DemobJlizadon Mob & Demob, Sub Contractor Only RotomiiI AC Pavement - Edge Mill Milling Butt oroints, Install Asphalt Pavement - PG70-25 - 2" Install Asphalt Pavement - PG 70-28 11/2" SY Leveling & Patching SX PG 58 - 22 IN - 012 ESTIMATED QUANTITY LIST UNiT !2U^~LT~ LS I LS i SY 7,139 SY 475 SY 7,805 i0,488 3O UNiT TOTAL PRICE CO&T Adjust Valve/Monument Box to finish grade. EA Adjust Manhole to finish grade EA l ] Traffic control, barricading, & flagging LS CenterLine Paint Stripping LF 2,195 $ , _~0__ $ [t~5-~,et~ TOTALBIDINNUMBERS: $ / ~-_~_ i ~gJ/' ~ rotal Bid in Words: O4£ /'¢o,WZe-O Fii~7¥ ¥tlte¢~ T~o~ .~t3 -u],,ol,;,.d. ed ~t. ro,,e I acknowledge that in submitting this bid it is understood tl~t th= right to reject any and alJ bids has been' reserved by the owner. 05/1!/2805 13:37 1~?B9205015 CITY OF ASPEN STREET PAGE 03 2005 Bm iTEM DE$CPGPTiON Mobilization & Demobilization Mob & Demob, Sub Contractor Ordy LS Rotomiil AC Pavement - Edge Mill SY Milling Butt Joints, SY Install Asphalt Pavement - PG70-28 - 2" SY Install A5phalt Pavement - PG 70-28 11/2" SY Leveling & Patchirtg SX PG 58 - 22 IN Adjust Valve/Monument Box to finish, grade. EA Ad. lust Manhole to finish grade Traffic control, barricading, & flagging Center Line Paint Stripping - 012 ESTIMATED QUANTITY LIST UNIT QUANTITY LS 7,139 475 7,805 i0 488 3O 23 LS t LF 2,195 TOTAL BID IN' NUMBERS: UNIT TOTAL PRICE COST . ,~O.*~ ; 11~.~ Total Bid itt.,Vo,,a. ' ' . I acknowledge that in submiaing this bid it is mderstood ~t tl~e fiCt to reject my md ail bids has been' rese~ed by ~e Project # 2005-012 Adjust Valve/Monument 23 Adjust Manhole 11 Yaffic Control. Barricading. I Lump Sum. Mobilization & Demobilization. 1 Lump Sum. Mob & Demob, Sub Cont Only I Lump Sum. RIO = ROTOMILL-Butt JoinLSY 475 Sq.YRDS RIO = ROTOMILL-Edge Mill .SY 7,t39 Sq.YRDS 11!2" MGF=70-28.SY 10,488 Sq.YRDS 2" MGF=70-28. SY 7,805 Sq.YRDS = AC 10FLevellPatching TN. 30 TORS BRANCH SECTION # SIZE Size No. Butt Edge ~IGF ~VORI~ NAME STREET FROM:-TO: width Lengtl" Butt Joint Mill sQ. Joint SQ. Yrd SQ. Yrd, Yrd. MGF Round About C&G to CCR Castle Creek Rd. Pitken County sign 32 2,195 2 72 611 7,805 2" Under Pass. N. Stop sign To S R Stage Rd, S. Stop sign 25 735 2 56 1,634 2,042 1112" S R Stage Rd. N, Stop Sign- Harmony LN. 26 995 2 58 2,211 2,875 1112" S~3RD s. 3RD ST. I - W. MAIN ST. - W. HOPKINS. 32' 247' 2 71 0 933 1112" W-SM N. SMUGGLER ST. 3 - N. 5TH ST. - N. 6TH ST. 31' 300 2 69 667 1,034 11/2" N-1ST N. 1ST ST. BLEEKER ST. - W. SMUGGLER. 36' 861 2 80 t,914 3,445 1112" PG Parking Garage tio Grande- Building 31' 46' 2 69 102 159 1112" S A F E C O' POWER OF ATTORNEY SAFECO iNSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: SAFECO pLAZA SEATTLE, WASHINGTON 98185 NO. 9575 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint *********DARRELL C.R. OLSON; DARRELL C.R. OLSON Ii; MARK H. SWEIGART; LANCE M. OLSON; CHERYL M. HUSTED; Englewood, Colorado*********** its true and lawful attorney(s)-in-fact, with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 7th CHRISTINE MEAD, SECRETARY day of November , 2003 MIKE MCGAVlCK, PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such aulhodty or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any cedificete executed by the Secretary or an assistant secretary of the Company seeing out, (i) The previsions of Article V, Section 13 of the By-Laws, and (ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, Christine Mead, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Reco{ufion and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19TH. dayof MAY 2005 SEAL SEAl. M CHRISTINE MEAD, SECRETARY S-0974/SAEF 2J01 ® A registered trademark of SAFECO Corporation 11107/2003 PDF To: Through: From: Date: RE: Mayor and City Council Steve Barwick, City manager Randy Ready, Assistant City Manger Tim Ware, Parking Director May 31, 2005 Variable Message Signs (Savings Request) Summary: The Transportation and Parking Department is requesting that $75,000 from departmental savings be used to purchase and install two variable message signs on Maroon Creek Road. The signs would be used to direct vehicles using the Aspen Recreation Center (ARC), District Theater and Aspen School District during events to the proper parking areas. Other uses for the signs may include, special event parking and traffic warnings, Highlands parking options and Maroon Bells access restrictions. The signs would be installed at the North end of the kiss-and-ride lot and just South of the pedestrian bridge at the ARC building. Discussion: Currently all traffic control for large events requires the use of Parking Control Officers to direct vehicles to the appropriate parking areas. Depending on the size of the event, this can take anywhere form two to four officers. Most events are held in the evening, which makes finding the alternative lots difficult for users. For events at the ARC, the challenge is to intercept vehicles before they reach a full parking lot at the facility. The signs will have pre-drafted messages or new messages can be inserted. The sign can be put into operation by staff at the ARC once the lot fills or by a radio control unit activated by traffic control personal during events. The use of the technology will then require only one officer for most events and at times just using the main control at the ARC will be sufficient. The use of the signs by no means is a replacement for promoting the use of public transit. Previous Council Action: Council was presented this plan previously at two different work sessions. The first plan included three signs with a very basic installation. Council directed staff only use two signs and, to design an alternate base for the sign that better fits with the area. This was done andtlleady to be built. Financial Implications: The cost of the signs is $~28~[86. This includes two VMS signs, software, radio controls, delivery and installation. The custom base units will cost $23,000 each for design, excavation, electric and construction. We will do a change order with Mel Waldrob for construction of both stands. Alternatives: The cost could be reduced $15,000 by not doing the custom base. This would have the sign on a metal stand. Council could also direct staffto continue to supply up to four staff for traffic control for special events. Recommendation: Staff recommends that $75,000 be transferred from the Transportation and Parking Departments savings to complete this project. City Managers Comments: RESOLUTION # (Series of 2005) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND DAKTRONICS INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING VARIBLE MESSAGE SIGNS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Daktronics Inc, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Daktronics Inc regarding Variable Message Signs, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held June 13th, 2005 Kathryn S. Koch, City Clerk 05/09/05 13:10 FAX 605 607 4700 DAKTRONICS BUS PRODUCTS O02 .DAKTRO N I INC. 331 32~.o AVE. ("Daktroni BROOF,/~C,S, SD Phone: 605-697-4300 Fax: ,SALES AGREEMENT Buyer:. Ch,/of Aspen. ATTN: Tim Ware Addte.~: pa~in_o F.a~)r~me~t- City ~ 130 S. ~a SC~ Ist ~r ,. Ci~,Sa~ ~: ~ co s)6~4 Phou~ ~5267 ~ g~: 97~9~74~ Order No. ~ Date: 15 Feb 2005 Rd. Quote ~ 88419 Buyer") l~areby agme~ to purch~e, sub~ect to the term~ ~d ~onda~0nS Set f~ h~m ~d ~ ~ ~u h~, ~ orw~i~ do~ B~ h~ m~ ~ ~ ~ ~ (~wly, ~ "A~, ~ ~ow~ ~ li~e tO ~ ~ p~ph~s ~d ad~ ~pp~ (co~e~vc~, ~e "~u~: Description Quantity Price 1. Oala~AF-I40B-32xS~-2~A.$F 2 $ 17.212 Total Taxes) S28s186 Prod~-t i~la6on nip, Canduit for $i8ml cable (' f r~uired) DF-2159 la~V. 6 - 23SEP03 Page 1 of 2 05/09/05 13:10 FAX 605 607 4700 DAKTRONICS BUS PRODUCTS {~003 DAKTIRO N L.o INO, SALES_AGREEMENT (cont'd Buyer: CiW of Aspen Order No. Date: 15 Feb05 All ll0ti~es requited h~gin shall be ~ ~ BW~ ~ ~ ~ ~c~ on p~e one 0 ) of~s ~ment u~ ~e~se ~ified below: NOtiCe / ~mm~caflon Add.s: Ci~, Stat~ Zip: ~~i~$~t~2~~~t~!~ Buyer hereby confim~s tBat the Product i~ to be delivered to, and be instatled at, thc addrg,ss ind/cated on page one (1) of tb/s Agreement (futu~ r=loc.atlon acc~ted as provided for herein) unless other~se specified below: Installs/ion / End User Address: Custer,s: Ch3', Sta,e, Zip: ~ ',.,, Shoukl thc Product b~ in.stalled at a location other ',hah one of the Buyer, Buyer acknowledges and warrants that the End User (either a~ individual or single entity) has received and accepted the tcnm and conditions of this Agreemeat DF-2159 Page 2 of 2 REV. 6 - 23SEP03 05/09/05 13:10 FAX 605 697 4700 DAKTRONICS BUS PRODUCTS ~002 .DAKTI:ln N I g INV.. ('qDaktronics") 331 32HD AVK BROOIC~q DS, SD ~7~06 Phone~ 605.697-4300 Fa~c SALES AGREEMENT Buye~. Ch~ ofAs~em ATTN: Tim Warn Address; pa~inS E~ofcement- City ~ 130 S. ~a.~, Ist ~r Ci~ S~t~ ~p: ~CO 8]6L[ Phouc: 97~92~5267 ~ax: Order Nm Oat~: 15 Feb 2005 Ret. Quo~ · 88419 I/We ~.(~.,~ ........... ("Buyer") hereby agn~ to purchase, subject to the terms ~d conditions Set forth h~in ~ ~ th~ altached Stafl~ard Terms ma ConditiOn5 (SL2375), Standard Wmq'~nty mad L~Jt~on of Seller's Liability (SI2374), ~nd any duty execmed altadxme~ts he. to, all of which do~nt~ Bw/m' has rgvlgw~ md a~z~s to ~A~ (cotlo~jveAy, ~ '~Ag3eem~t~, lhe foHowthg equiprnc~. lice~e tO u~e eo~me, peripherals and additi~l ~pplies (coiJecfi~,dT, the ~Pwduct~: Description Quantily Price i. Oala.~jAF-3400-32x~-20-A-SF 2 $ 17.212 Unle~ specifically outlined above, thk order does nog inehde the follawing:. ~, Conduit f0r ~i~] c~ble (, f r~ir~i) Apl:mopri~ mounfug ~ucxu~ All applicable taxes Ddivc~'; FOB Dgiirod~ Pl~, Anticip ated I~llvc~' Da~: 8-10 week~ at0er recdpt of Onfler Paymeat T~m: 50% down. payment with pumha.m order. 50% n~t 30 d~efs. (U~less other~sc stated above, terms are 30% down payment with order, balance due prior Prepared by: Heather Tormmen, D~0nic~ ACCEFerANCE: Nsmegrifie: DF-2159 Page 1 of 2 REv. 6 - 235BP03 05/09/05 15:10 FAX $05 897 4700 DAKTRONICS BUS PRODUCTS DAKTRO N L.l::J INO, SALES,AGREEMENT (cont'd] Buyer: CiW of Asven_ Order N~. Date: 15 Feb 05 All uotioes requL~d h~C~n s~ be ~ ~ B~ ~ ~e ~ ~ ~ p~e on~ (1) offs ~m~ u~ ~se ~ified below: Notice I Co~c~fion Addr~s: Addr~ ~~ ,-~ ,~ Buyer h~reby confirms tl~a~ ~e ProduCt ia to be delivered to, and be b~tllcd at, t~ ~d~s iactin~ed on p~ge one (1) oftifiz A~nt (futaxc relocation acce]~ted ~ provid~l for herein) unle~ othervds~ specifi~ b~low: Product Delivery Addre~: Address: c~, s,.t~ zip: rbone: ~il ~,,~ Installation / End User Address: Customer: . . ' ' . , '. Address: '~ C~ty, State, ZAp: Contact: l'ho~e: ~ Fax: Should the Product be izmalled at a location other ',him one of the Buyer, Buyer acknowledges arid wa.naars that the End User (eider aa indixSdual or siagl¢ entity) has receiv~ ~d a¢¢eptexi the terms and conditions of 0als Agr~ment. DF-2159 Page 2 of 2 P~V. 6 - 23SEP03 05/09/05 13:10 FAX 005 697 4700 DAIYrRONIC$ BUS PRODUCTS ~002 .DA KTE ri N I ("D~ktronics") INIt, SALES AGREEMENT Buyer:. CiV~ orAl,ea. A'iTN: Tim Wa~ .~dl'~i~: pili-in~ E~i'cemeat- City ~ 130 S. ~a SL~ Ist ~r ~ Phon~ ~92~5267 ~ F~: 97~92~7473 Dat~: 15 Feb 2005 Rd. Quol~/h, 88419 Description Quantit~ Price 1. (~axyAF-3400-32X~-20-A-~F 2 $ 17.~12 / Total (Excluding Taxe~) ~8~186 Un , Ilowing: Productln~l~on ~ Apprapxlat~ moumlng s~'vctx~c Produ~ maintemzxe (o~onat-sel~'~ ~m~0 > Aay addilloml li~ ~*.*,.~ coats .~.' l~ec~c.~ wo[k P 'All applicable ~axea l. C4mduit for signal ~ble (, f t~luirM) Dclb~f F~B D~bx~ic~ plato, Antiol pated D~liv~ry Da~c: 8-10 weeks ain't r~ce/pt of onler Pa~t T~; 5~A do~ payment ~ P~c ord~, 50% act 30 days, (U~s o~ ~ abov~ l~ ~ 30% ~ paym~t wi~ ord., b~ ~e prior ~d ~: Ite~ T~ D~i~ AC~ANCE: DF-2159 ILEV. 6- 2~SEPOS Page 1 of 2 05/09/05 13:10 FAX 605 697 4700 DAXTRONICS BUS PRODUCTS DAKTEO N La I N O. SALES AGREEMENT (cont'd] Buyer: Ci~, of Aspen_ Order No. Date: 15 Feb 05 All aotioea requi.,~d h~n sh~ be ~ven to Bu,/ot a~ tbe addrc~ iadi~:a~d on page one (1) of this Agreement unl~ oth~'wise specified below: Notice / Communication Addre4s: Buyer hereby confirms that ~ Product i5 to be delivered m, and be L,3~talled at, thc addr~s indicated on page one (l) of th.ia Agreement (~utor~ relocation accegtod as provided for herein) unless otherwise sl:~gifi ed below: Shoukl (he Product b ~ imeml led at a location other than ~ac of ~he Buyer, l~uyet acknowledges and warrants lhat the End User (either au individual or siaglc entity) has rcccive, d sad acccpt~ thc terms and conditions of this Agr~mcnt. DF-2159 Page 2 of 2 P~v. 6 -23SEP03 TO: FROM: THRU: DATE: RE: MEMORANDUM Mayor and Council John D. Kruege~ Randy Ready, Assistant City Manager June 3, 2005 Resolution # ~_ Contract for the Construction of the Brush Creek Park N Ride For the EOTC SUMMARY: Attached is Resolution #~_ approving a contract between the City of Aspen and Intrawest Placemaking for the construction of the expanded Brush Creek Park N Ride lot. This expansion is an EOTC project and~,Awill not require the use of any City fimds. Staff is requesting approval of Resolution ~ approving the contract for the construction of the expanded Brush Creek Park N Ride lbt. PREVIOUS COUNCIL ACTION: As an EOTC member, Aspen City Council has participated in the discussion, design review and approval of this project over the last two years. At its April 21, 2005 meeting, the EOTC recommended funding the construction of the expanded Park N Ride lot as part of its 2005 budget approval. Each individual EOTC member has subsequently approved the funding of the project at their respective meetings, as required by Intergovernmental Agreement. Aspen City Council has also approved Resolution #20, for the joint lease of the Brush Creek Park N Ride lot as well as Resolution #31, the IGA for the Management, Maintenance and Use of the Brush Creek Park N Ride. BACKGROUND: At its April 21, 2005 meeting, the EOTC approved the construction of the expanded Brush Creek Park N Ride. This approval was contingent upon Intrawest, the developer of Base Village, constructing most of the expanded parking lot in exchange for the use of 200 spaces now and up to 350 parking spaces during the construction of Base Village through the year 2011. Intrawest will complete the construction as described in the contract documents (Part 1) in accordance with the plans and specifications at no cost to the City or the EOTC. As agreed to by the EOTC, Intrawest will be reimbursed for the construction of the pipe drainage system in part 2 for a total amount not to exceed $211,640.00. 1 D:\EmailkAttachMntrawest contract memo 6 05 05.doc DISCUSSION: The EOTC and Intrawest agreed to the general terms and conditions of the construction of the Brush Creek Park N Ride in exchange for the use of parking spaces at the April 21, 2005 meeting. Since the EOTC cannot enter into a contract and the City of Aspen is one of the joint lessees of the site, the City of Aspen will enter into the contract for the EOTC. The City of Aspen will oversee the construction contract for the EOTC with construction management services provided by an outside engineering consultant. Approval of the construction contract will enable Intrawest to begin construction of the expanded lot to CDOT design specifications. Construction of the lot must begin this summer to allow for its use by Intrawest employees in 2005. Summer commencement is also necessary to take advantage of Base Village construction opportunities and for the lot to be ready for special events beginning in 2007. The expanded Brush Creek Park N Ride will be constructed as approved by the EOTC with 200 additional gravel/recycled asphalt spaces that could be expanded to 350 in Phase I with the rest of the spaces surfaced with topsoil and a native grass seed mix. Intrawest will be responsible for all of the work needed to bring the site to a subgrade level. The EOTC will be responsible for the surfacing of the lot which will be handled with a separate contract. A completed Phase I of the project will provide 800 additional parking spaces, with Phase II providing 500-600 additional spaces. FINANCIAL IMPLICATIONS: There are no financial implications to the City of Aspen. The funding for the construction of the expanded lot will come from the EOTC ½ cent sales and ½ cent use tax collected by Pitkin County. The EOTC will reimburse Intrawest a total amount not to exceed $211,640.00 for the installation of the part 2 drainage pipe system. City staff and consultant will approve contractor requests for payment and send them directly to Pitkin County Finance for payment to the contractor. RECOMMENDATION: City staff recommends the approval of Resolution # ~a[ approving the contract between Intrawest and the City of Aspen for construction of the expanded Brush Creek Park N Ride lot. ALTERNATIVES: The Mayor and Council could deny Resolution #~)~ approving the contract for the construction of the expanded Brush Creek Park N Ride. If the Resolution and contract are not approved with Intrawest, the cost of the project would increase significantly and the completion date would have to be extended. The EOTC would also lose the ability to take advantage of Intrawest's offer to construct much of the parking lot in exchange for parking. 2 D:~EmaiBAttachklntrawest contract memo 6 05 05.doc PROPOSED MOTION: 9~ "I move to approve Resolution #O-[ for the approval of the contract for construction of the expanded Brash Creek Park N Ride between the City of Aspen and Intrawest". CITY MANAGER COMMENTS: Attachments: Site Map Resolution # Contract Documents (Plan Set & Special Provisions Available Upon Request) 3 D:~Email~Attach~lntrawest contract memo 6 05 05.doc RESOLUTION #_~_~_ (Series of 2005) A RESOLUTION OF THE CITY COUNCIL OF ASPEN, COLORADO APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND INTRAWEST PLACEMAKING. SETTING FORTH THE TERMS AND CONDITIONS OF THE CONTRACT FOR CONSTRUCTION OF THE BRUSH CREEK PARK N RIDE LOT EXPANSION AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT. WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Intrawest Placemaking, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves the contract for construction between the City of Aspen, Colorado, and Intrawest Placemaking, regarding the Brush Creek Park N Ride Lot Expansion, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appoimed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held June 13, 2005. Kathryn S. Koch, City Clerk HSBmsh Creek P.L~lntrawest contract reso.doc CONTRACT FOR CONSTRUCTION THIS AGREEMENT made and entered into on 16 May 2005 , by and between the CITY OF ASPEN, Colorado, hereinafter called the "City", and Intrawest Placemakin,q - PO Box 6565 5'131 Owl Creek Road, Snowmass VillaRe, CO 81615 hereinafter called the "Contractor". WHEREAS, the City has caused to be prepared, in accordance with the law, specifications and other Contract Documents for the work herein described, and has approved and adopted said documents, and has caused to be published, in the manner and for the time required by law, an advertisement, for the project: Brush Creek Park-N-Ride Expansion, and, WHEREAS, the Contractor, in response to such advertisement, or in response to direct invitation, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the terms of said Invitation for Bids; and, WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined, and canvassed the Bids submitted in response to the published Invitation for Bids therefore, and as a result of such canvass has determined and declared the Contractor to be the lowest responsible and responsive bidder for the said Work and has duly awarded to the Contractor a Contract For Construction therefore, for the sum or sums set forth herein; NOW, THEREFORE, in consideration of the payments and Contract for Construction herein mentioned: The Contractor shall commence and complete the construction of the Work as fully described in the Contract Documents. Contractor shall be responsible to construct the items contained in the Part 1 portion of the Brush Creek Park-N-Ride Expansion in accordance with the Plan and Specifications, dated 16 May 2005 and designed by TCB, at no cost ($0.00) to the City of Aspen. The following items and quantities in Part 2 shall also be constructed and reimbursed for a Not to Exceed a Total of: 603-01240 - 24 Inch Reinforced Concrete Pipe - 91 LF 603-01480 - 48 Inch Reinforced Concrete Pipe - 751 LF 603-05024 - 24 Inch Reinforced Concrete End Section - 1 EA 603-05048 - 48 Inch Reinforced Concrete End Section - 1 EA 604-39000 - Manhole (Special) - 3 EA 604-30010 - Manhole Slab Base (10 Foot) - 2 EA All for a Grand Total Not to Exceed $ 211,640.00 The Contractor shall furnish all of the materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the Work described herein. All work contained in Part 1 of the plans and specifications and the bid items listed above, a portion of Part 2 shall be completed no later than July, 27th 2005. 0Cl-971.doc Page 1 **CC1 10. The Contractor shall commence the work required by the Contract Documents within seven (7) consecutive calendar days after the date of "Notice to Proceed" and will complete the same by the date and time indicated in the Special Conditions unless the time is extended in accordance with appropriate provisions in the Contract Documents. The Contractor agrees to perform all of the Work described in the Contract Documents and comply with the terms therein for a sum not to exceed Two Hundred and Eleven Thousand, Six hundred and Forty Dollars ($ 211,640.00 ) DOLLARS or as shown on the BID proposal. The term "Contract Documents" means and includes the documents listed in the City of Aspen General Conditions to Contracts for Construction (version GC97-2) and in the Special Conditions. The Contract Documents are included herein by this reference and made a part hereof as if fully set forth here. The City shall pay to the Contractor in the manner and at such time as set forth in the General Conditions, unless modified by the Special Conditions, such amounts as required by the Documents. This Contract for Construction shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwithstanding anything to the contrary contained herein or in the Contract Documents, this Contract for Construction shall be subject to the City of Aspen Procurement Code, Title 4 of the Municipal Code, including the approval requirements of Section 4-08-040. This agreement shall not be binding upon the City unless duly executed by the City Manager or the Mayor of the City of Aspen (or a duly authorized official in his/her absence) following a resolution of the Council of the City of Aspen authorizing the Mayor or City Manager (or a duly authorized official in his/her absence) to execute the same. This agreement and all of the covenants hereof shall inure to the benefit of and be binding upon the City and the Contractor respectively and their agents, representatives, employees. Successors, assigns, and legal representatives. Neither the City nor the Contractor shall have the right to assign, transfer or sublet his or her interest or obligations hereunder without the written consent of the other party. This agreement does not and shall not be deemed or construed to confer upon or grant to any third party or parties, except to parties to whom the Contractor or the City may assign this Contract For Construction in accordance with the specific written consent, any rights to claim damages or to bring suit, action or other proceeding against either the City or the Contractor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. No waiver of default by either party of any terms, covenants or conditions hereof to be performed, kept and observed by the other party shall be construed, or operate as, a waiver of any subsequent default of any of the terms, covenants or conditions herein contained, to be performed, kept and observed by the other party. CCl-971.doc Page 2 **CC1 11. 12. 13. 14. 15. 16. 17. The parties agree that this Contract for Construction was made in accordance with the laws of the State of Colorado and shall be so construed. Venue is agreed to be kept exclusively in the courts of Pitkin County, Colorado. In the event that legal action is necessary to enforce any of the provisions of this Contract for Construction, the prevailing party shall be entitled to its costs and reasonable attorney's fees. This Contract for Construction was reviewed and accepted through the mutual efforts of the parties hereto, and the parties agree that no construction shall be made or presumption shall arise for or against either party based on any alleged unequal status of the parties in the negotiation, review or drafting of this Contract for Construction. The undersigned representative of the Contractor, as an inducement to the City to execute this Contract For Construction, represents that he/she is an authorized representative of the Contractor for the purposes of executing this Contract For Construction and that he/she has full and complete authority to enter into this Contract For Construction for the terms and conditions specified herein. The City and the Contractor Agree that the Contractor shall be able to utilize 200 parking spaces for employee parking after the expansion of the existing parking facilities has been completed. The use of this lot will extend through the life of the construction of Base Village in the Town of Snowmass Village, this is anticipated to conclude in the fall st of 2011. Any use of the Lot after December 31 , 2011 shall be negotiated separately. The Contractor may at a later date request an additional 150 spaces be surfaced at their own costs if the need for additional parking arises. Any request for additional parking must be made no later than December 31St, 2009. All use of parking at the Brush Creek Park-N-Ride will be determined by the City of Aspen Parking Director and governed by the Brush Creek Park-N-Ride IGA between the City of Aspen, the Town of Snowmass Village and Pitkin County. Special Event use of the parking on the site will take priority over the Contractor's employee parking. No other uses of the facility other than employee parking have been approved for the site. Contractor shall provide general maintenance, including trash removal and any necessary plowing, for its 200 spaces during the life of its use. Upon the completion of the Base Village construction the Contractor and the City of Aspen Parking Director shall inspect the 200 parking spaces for damages during the use. All repairs to restore the parking surface to its original condition, as it is at the end of construction, shall be borne by the Contractor. The Contractor will be responsible to provide all necessary documentation required for construction on this site in association with the Access and Special Use Permits that have been obtained from CDOT for this project. The Contractor will be obligated to all requirements of these permits. CC1-971 .doc Page 3 **CC1 IN WITNESS WHEREOF, the parties agree hereto have executed this Contract for Construction on the date first above written. ATTESTED BY: CITY OF ASPEN, COLORADO By:. Title: RECOMMENDED FOR APPROVAL: APPROVED ASTO FORM: By: City Attorney ATTESTED BY: Note: Certification of Incorporation shall be executed if Contractor is a Corporation. If a partnership, the Contract shall be signed by a Principal and indicate title. CCl-971.doc Page 4 **CC1 CERTIFICATE OF INCORPORATION (To be completed if Contractor is a Corporation) STATE OF COUNTY OF ( t ~ ) On this ~'~'{~ day of ~.~ ,=t~ , before me appeared ~ [~ ~ ~ ~ me personally known, who, bein~ ~ me first duly sworn, did say that s/he is ~'~I~ ~ ~~ of ~~ ~[~ and that'the seal affixed to said instrument is the corporat~ seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its board of directors, and said deponent acknowledged said instrument to be the frae act and deed of said corporation. WITNESS MY HAND AND NOTARIAL SEAL the day and year in this certificate first above written. Notary Pu~ic ~ My commission expires: Address CCl-971.doc Page 5 **CC1 ~ dO L m33H$ 3NIgHom¥~I ~ 40 ~ /33HS 3NIgHOJ.¥?¢ THE CITY OF ASPEN Memorandum To: Aspen City Council / / Thru: Steve Barwick, City Manager Paul Menter, Director of Finance and Administrative From: Scott Newman, CFA, Senior Financial Analyst - Debt &,4nvestment Management Data: June 5, 2005 Re: Reimbursement Resolutions for Parks and Open Space Purchases, and for Certain Capital Expenditures for Water Reuse Systems and Facilities for Irrigation Purposes, Council Meeting June 13, 2005 Att: Proposed Master Reimbursement Resolution for Open Space acquisition Proposed Reimbursement Resolution for Capital Expenditures Summary: Attached please find two proposed reimbursement resolutions for Council consideration at its regular meeting on June 13, 2005. The first is a master reimbursement resolution, declaring the official intent of the City to reimburse itself for capital expenditures associated with the acquisition of open space from proceeds of furore taxable or tax-exempt bonds. The second is a single issue reimbursement resolution, declaring the official intent of the City to reimburse itself for capital expenditures associated with the construction of a water reuse system and facilities for irrigation purposes related to open space. Finance Staff recommends approval of these resolutions. Background: This City is planning issuance of tax exempt sales tax revenue bonds, supported by the City's 0.5% sales tax for open space, and on parity with the City's 1.0% sales tax for parks and open space. The purpose of these bonds will be the acquisition of open space, and necessary improvements to "ancillary facilities" of city-owned open space. Both purposes are expressly authorized by ballot language from the City's 2000 0.5% sales tax for open space election. Approximately $27.2 million in voter-approved debt capacity exists under the terms of this ballot measure. The attached resolutions authorize the City to expend up to $3 million for June 7', 2005 capital improvements to ancillary facilities - namely the construction of the reused water irrigation project, and up to $24.2 million for the acquisition of open space. By approving these resolutions, the Council is authorizing the City to expend funds for these purposes and reimburse itself later through the issuance of sales tax bonds for these expenditures. This action is beneficial as it will allow the City to structure bond issuance mound the precise costs of these improvements and acquisitions once they are known. This will ensure the most cost effective debt structure for the City. Analysis: The actual value of bonds issued for these projects will depend upon the final cost of the water reuse project, and the final cost of open space acquired. It will likely be less than the amount authorized in these resolutions, which are structured to preserve 100% of the voter approved debt capacity for these purposes. Current sales tax revenues available, after paying for Parks operations and other capital improvements, limits debt issuance for open space acquisition to just over $18 million. Revenue capacity for the water reuse project is limited by available revenue sources from the Water utility for such projects at about $2.8 million under current market conditions. Approval of these resolutions does not commit the City to bond issuance. Such approval simply preserves all of the City's options with respect to financing these acquisitions and improvements. Additionally, the Schedules referenced in the resolutions are to be attached the resolutions once acquisitions are under contract and final capital project costs are known. Therefore, there are not currently any scheduled attached to these proposed resolutions. While it is unlikely that the City would elect to issue taxable debt, the reimbursement resolutions allow the City to keep its options open with respect to this aspect of debt issuance. Again, such debt could only be issued with advance City Council approval. The 0.5% sales tax, which is the primary source of funding to pay back such a bond issue, is scheduled to lapse in 2025. Therefore, unless bonds are issued this year, the City will not be able to structure an issue with a 20 year amortization schedule. While an issue can be completed for less than 20 years, this standard issuance period is expected by the market place. Issuing bonds for less than this time period will expose the City to higher issuance and interest costs on the bonds. Recommendation: Staff recommends Council approval of both attached resolutions. 2 RESOLUTION OF THE CITY OF ASPEN DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH PROCEEDS OF A FUTURE TAXABLE OR TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES IN CONNECTION WITH THE ACQUISITION OF REAL PROPERTY FOR OPEN SPACE PURPOSES TO BE UNDERTAKEN BY THE CITY; IDENTIFYING SAID CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT; AND PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Aspen (the "City") in the County of Pitkin and the State of Colorado (the "State") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City; and WHEREAS, the City Council of the City (the "Council") is the governing body of the City; and WHEREAS, the City has determined that it is in the best interests of the City to make capital expenditures for the purpose of acquiring real property for open space purposes; and WHEREAS, the City currently intends and reasonably expects to participate in a taxable or tax-exempt borrowing to finance such capital expenditures, including an amount not to exceed $24,220,000 for reimbursing the City for the portion of such capital expenditures incurred or to be incurred subsequent to the date which is 60 days prior to the date hereof but before such borrowing, within 18 months of the date of such capital expenditures or the placing in service or abandonment of each Project (as hereinafter defined), whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys); and WHEREAS, the Council hereby desires to declare its official intent, pursuant to 26 C.F.R. § 1.150-2, to reimburse the City for such capital expenditures with the proceeds of the City's furore taxable or tax-exempt borrowing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN THAT: Section 1. Declaration of Official Intent. The City shall, presently intends and reasonably expects to finance the acquisition of real property for parks and open space purposes (as more particularly described in the Schedule corresponding to such property to be attached hereto, each, a "Project") with moneys currently contained in its Parks and Open Space Fund. Prior to or upon each acquisition of real property by the City for such purpose, the Council hereby authorizes and directs the City Director of Finance and Administration (the "Finance Director") to attach a schedule ("Schedule") to this Resolution, which Schedule shall identify the real property so acquired and state the amount expended by the City for such property. Upon Kutak Rock - Finn Library-4820-8449-4336,1 attachment of each Schedule to this Resolution, such Schedule shall be incorporated herein and thereupon form a part of this Resolution as if fully set forth herein. Section 2. Dates of Capital Expenditures. All of the capital expenditures covered by this Resolution were made not earlier than 60 days prior to the date of this Resolution. Section 3. Issuance of Bonds or Notes. The City presently intends and reasonably expects to participate in a taxable or tax-exempt borrowing within 18 months of the date of the expenditure of moneys on each Project or the date upon which each Project is placed in service or abandoned, whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys), and to allocate the proceeds thereof, in an mount not to exceed the lesser of (i) $24,220,000 and (ii) the sum of the City's expenditures on all Projects (as set forth on the Schedules attached hereto), to reimburse the City for its expenditures in connection with all Projects, as identified on the Schedules hereto attached by the Finance Director. Section 4. Confirmation of Prior Acts. All prior acts and doings of the officials, agents and employees of the City which are in conformity with the purposes and intent of this Resolution, and in furtherance of each Project, shall be and the same hereby are in all respects ratified, approved and confirmed. Section 5. SeverabiHty. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. Repeal of Inconsistent Resolutions. All other resolutions of the Council, or parts thereof, inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. Section 7. Effective Date of Resolution. This Resolution shall be effective immediately upon its adoption. APPROVED AND ADOPTED this __ day of , 2005. [SEAL] CITY OF ASPEN, COLORADO By Mayor Attest: By City Clerk Kutak Rock - Firm Library-4820-8449-4336.1 2 RESOLUTION OF THE CITY OF ASPEN DECLARING ITS OFFICIAL INTENT TO REIMBURSE ITSELF WITH PROCEEDS OF A FUTURE TAXABLE OR TAX-EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITURES ON WATER REUSE SYSTEMS AND FACILITIES FOR IRRIGATION PURPOSES; IDENTIFYING SUCH CAPITAL EXPENDITURES AND THE FUNDS TO BE USED FOR SUCH PAYMENT; AND PROVIDING CERTAiN OTHER MATTERS IN CONNECTION THEREWITH. WHEREAS, the City of Aspen (the "City") in the County of Pitkin and the State of Colorado (the "State") is a legally and regularly created, established, organized and existing municipal corporation under the provisions of Article XX of the Constitution of the State of Colorado and the home rule charter of the City; and WHEREAS, the City Council of the City (the "Council") is the governing body of the City; and WHEREAS, the Council has determined that it is in the best interests of the City to make capital expenditures in connection with the acquisition, maintenance and improvement of water reuse systems for the purpose of irrigating recreational facilities with reclaimed water, which generally consists of the construction of a transmission system to transport reclaimed water to the Aspen Golf Course, a public golf course, for irrigation purposes and includes replacement of the existing irrigation system at the golf course (the "Project"); and WHEREAS, the City currently intends and reasonably expects to participate in a taxable or tax-exempt borrowing to finance such capital expenditures, including an amount not to exceed $3,000,000 for reimbursing the City for the portion of such capital expenditures incurred or to be incurred subsequent to the date which is 60 days prior to the date hereof but before such borrowing, within 18 months of the date of such capital expenditures or the placing in service or abandonment of the Project (as hereinafter defined), whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys); and WHEREAS, the Council hereby desires to declare its official intent, pursuant to 26 C.F.R. § 1.150-2, to reimburse the City for such capital expenditures with the proceeds of the City's future taxable or tax-exempt borrowing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN THAT: Section 1. Declaration of Official Intent. The City shall, presently intends and reasonably expects to finance the Project with moneys currently contained in its Water Utility Fund and Parks and Open Space Fund. Kutak Rock - Firm Libra~-4832-4749-7472.1 Section 2. Dates of Capital Expenditures. All of the capital expenditures covered by this Resolution were made not earlier than 60 days prior to the date of this Resolution. Section 3. Issuance of Bonds or Notes. The City presently intends and reasonably expects to participate in a taxable or tax-exempt borrowing within 18 months of the date of the expenditure of moneys on the Project or the date upon which the Project is placed in service or abandoned, whichever is later (but in no event more than 3 years after the date of the original expenditure of such moneys), and to allocate an amount not to exceed $3,000,000 of the proceeds thereof to reimburse the City for its expenditures in connection with the Project. Section 4. Confirmation of Prior Acts. All prior acts and doings of the officials, agents and employees of the City which are in conformity with the purposes 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. Severability. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforeeability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. Repeal oflnconsistent Resolutions. All other resolutions of the Council, or parts thereof, inconsistent with this Resolution are hereby repealed to the extent of such inconsistency. Section 7. Effective Date of Resolution. immediately upon its adoption. This Resolution shall be effective APPROVED AND ADOPTED this day of ., 2005. [SEAL] CITY OF ASPEN, COLORADO By. Mayor Attest: By. City Clerk Kutak Rock - Firm Librmy-48324749-7472.1 2 VII TO: FROM: THRU: THRU: DATE: RE: Mayor and Council Phil Overeynder, Utility Director Steve Barwick, City Manager John Worcester, City Attorney Acquisition of Maroon Creek Hydroelectric Site June 7, 2005 SUMMARY: This proposal would settle issues regarding the interpretation of a 1984 agreement with Roaring Fork Land and Cattle Company (RFLCC) regarding revenue sharing from energy production at the Maroon Creek hydroelectric plant. The past and future and projections for energy value at that time anticipated steadily rising wholesale electric prices, which were not realized. Operating and replacement costs have been greater than expected. Hence, the net revenue stream available to RFLCC has not been equal to projections and has resulted in disagreements regarding operations. Acquisition of the Maroon Creek site would resolve these disputes. Staff recommends acquisition of the site for the negotiated value of approximately 45 % of the net present value of the hydroelectric production. The purchase price is $480,000. Staff further recommends actions be taken to initiate wholesale energy deliveries to the T-Lazy Seven Ranch under a separate portion of the existing contract. PREVIOUS COUNCIL ACTION: In 2003, Council directed staff to initiate an appraisal of the value of the current lease area in order to begin negotiations for acquisition of the hydroelectric plant site and to settle disputes regarding revenue sharing and energy delivery. In August 1984, Council entered into a long-term lease agreement with RFLCC for the Maroon Creek hydroelectric plant, which provided for 45 % of the net revenue from production as a lease payment. The agreement also provided the Deane family with wholesale energy delivery for a specified amount of power produced from hydroelectric generation. BACKGROUND: The 1984 agreement with RFLCC was based on cost projections, which did not materialize. Costs have exceeded expectations, while revenue has lagged behind expectations. The proposed acquisition would settle disputes regarding the value of energy production in the past, as well as into the future. Spillane Associates appraised the 45 % interest in hydroelectric production at a higher value than the proposed sales price. DISCUSSION: Acquisition of the Maroon Creek Hydroelectric plant site would allow the City exclusive control over future investments and operating criteria for the plant. For instance, a matter at issue is whether the plant should bypass the state in-stream flow requirements, in favor of a small flow value specified in the federally issued permit. Satisfying only the less-restrictive federal requirement, while ignoring the state guidelines, would result in maximizing the revenue from the plant and hence increase RFLCC's net revenue sharing. As a matter of policy, Council has directed staff to adhere to the more restrictive state in-stream flow releases. In addition to settling operating issues, approval of the proposed agreement would provide a physical basis for the City to provide wholesale energy to the T-Lazy Seven in satisfaction of a second portion of the existing contract. The proposed agreement provides that the City retains ownership of the renewable energy credits for power produced by the plant. FINANCIAL IMPLICATIONS: The negotiated sales price for the leased area is $480,000. Additional costs may include surveying, platting and the Pitkin County subdivision review process. The expected total cost of the acquisition is within the $500,000 appropriated for this purpose. Through the proposed agreement, the City also commits to provide facilities for delivery of energy. The physical facilities are desirable and necessary to maximize the use of energy produced by the existing Maroon Creek hydroelectric plant and the proposed Castle Creek hydroelectric plant by connecting the two sources. This physical connection will also provide a continuous reliable power supply to City facilities and provide a back-up source of power to City electric customers in the event of a failure upstream in the Holy Cross Energy (HCE) transmission lines. Future appropriations may be requested for this connection and costs would be offset from savings for use of existing HCE facilities. Alternately, an acceptable wheeling agreement from HCE would eliminate the need for the future facilities. RECOMMENDATION: Staff recommends approval of the proposed agreement for acquisition of the Maroon Creek hydroelectric plant site. PROPOSED MOTION: I move to approve Resolution __~ ALTERNATIVES: If the purchase agreement is not approved, the 1984 long-term lease and revenue sharing agreement will continue. CITY MANAGER COMMENTS: Attachments: A. Purchase Agreement (including zoning plat for Hydropower Project on Maroon Creek and legal description of Deane property) RESOLUTION (Series of 2005) A RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND ROARING FORK LAND & CATTLE COMPANY, SETTING FORTH THE TERMS AND CONDITIONS REGARDING THE CITY'S ACQUISTION OF THE MAROON CREEK HYDROELECTRIC SITE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAD CONTRACT WHEREAS, there has been submitted to the City Council a purchase agreement between the City of Aspen, Colorado, and Roaring Fork Land & Cattle Company, a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that agreement between the City of Aspen, Colorado, and Roaring Fork Land & Cattle Company, regarding acquisition of the Maroon Creek Hydroelectric Site, a copy of which contract is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Kathryn S. Koch, City Clerk FINAL 06/05/05 rev 1:55 p.m. HYDRO PLANT AGREEMENT This Agreement ("Agreement") is entered into this __ day of ,2005 by and between Wyrick G. Deane ("Mr. Deane"), T Lazy Seven Ranch Corp. (T Lazy Seven) and the City of Aspen ("City of Aspen" or "City"). WHEREAS, Roaring Fork Land & Cattle Co., a Colorado corporation ("Roaring Fork") and the City of Aspen previously entered into that certain Lease Agreement ("Lease Agreement") dated August 7, 1984, for the lease of certain real property and relating to the operation of a hydro-electric power generating facility; and WHEREAS, the City of Aspen operates its Maroon Creek hydro-electric facility ("Maroon Creek Plant") on the real property described in the Lease Agreement; and WHEREAS, the Lease Agreement bestowed upon Roaring Fork the fight to receive 45% of net revenues from the operation of the Maroon Creek Plant and the right to future discounted power sales; and WHEREAS, Roaring Fork assigned all of its rights and obligations under the Lease Agreement to Mr. Deane, including the right to receive 45% of the net revenues from the operation of the Maroon Creek Plant and the right to future discounted power sales, pursuant to an Assignment and Assumption of Lease Agreement dated April 20, 2001; and WHEREAS, T Lazy Seven is the owner of certain water rights in the Herrick Ditch, Priority #440 1/2 and further described as 4.0 cfs of 9.3 cfs decreed to the Herdck Ditch Priority No. 440 ½, decreed in Case No. 3330 on February 5, 1940, with a priority date of October 1, 1890 ("Herrick Ditch Rights") which Herrick Ditch Rights have been historically used (together with the remainder of the 9.3 cfs of Priority No. 440 ½ ) primarily for irrigation of 93 acres located in the West Half of the Northwest Quarter of Section 22, the Southeast Quarter of the Northeast Quarter and the Southeast Quarter of Section 21, all in Township 10 South, Range 85 West of the 6th P.M. in Pitkin County, Colorado; and WHEREAS, the City of Aspen now desires to acquire and Mr. Deane desires to sell all of Mr. Deane's revenue-sharing interest in the Lease Agreement, to-wit, his right to receive 45% of the net revenues from the operation of the Maroon Creek Plant; and WHEREAS, the City of Aspen and Mr. Deane now desire to settle forever all claims Mr. Deane had, has or may have to past revenues that may be owed to Mr. Deane pursuant to the terms of the Lease Agreement, and to further define, as herein provided, the terms and conditions of Mr. Deane's right to future discounted power sales as provided for in the Lease Agreement. NOW, THEREFORE, in consideration of the premises, mutual promises and covenants 1 ?INAL 06/05/05 rev 1:55 p.m. herein, the parties agree as follows: 45% Interest in Revenues. The City of Aspen shall pay to Mr. Deane cash in the amount of $480,000 (the "$480,000 Payment") for Mr. Deane's 45% interest in past and future net revenues from the operation of the Maroon Creek Plant. The $480,000 Payment is specifically conditioned upon (a) the City of Aspen immediately applying to Pitkin County for approval of an exempt subdivision of the Roaring Fork real property as shown on the map attached as Exhibit A hereto, and incorporated herein by reference; (b) Pitkin County granting the aforementioned subdivision approval; and (c) Mr. Deane's corporation, T Lazy Seven, granting to the City of Aspen a right of first refusal for the Herrick Ditch Rights as described below. The $480,000 Payment shall be due immediately upon satisfaction of all of the above-described conditions. Renewable Source Energy Credits. Upon receipt of the $480,000 Payment, Mr. Deane will assign to the City of Aspen any and all renewable source energy credits attributed to his revenue-sharing interest in the Maroon Creek Plant. Right of First Refusal for Water Rights. T Lazy Seven hereby grants to the City of Aspen a right of first refusal for the Herfick Ditch Rights as herein provided. For a period of twenty years from the date hereof, the City shall have the first right to purchase the Hetrick Ditch Rights in the event that an offer is received from a bona fide purchaser to purchase or lease all or any portion of the Herfick Ditch Rights separate and apart from a sale or lease of the real property on which the Herrick Ditch Rights have historically been used, such property being described on Exhibit B. Upon receipt of such offer, Mr. Deane shall promptly provide notice thereof to the City, and the City shall have 45 days within which to agree to purchase or lease the Herdck Ditch Rights (or such portion thereof that is subject to the offer) on the terms and conditions of the offer. If the City fails or declines to exercise its right of first refusal within the 45-day period, the Herrick Ditch Rights, or such portion thereof that is subject to the offer, maybe sold or leased to the offeror on the terms and conditions of the original offer, free and clear of the right of first refusal. The right of first refusal shall nevertheless apply to any changes in the original offer. If an offer is received from a bona fide purchaser to purchase or lease some portion of the Herrick Ditch Rights less than the entire 4.0 cfs that is subject to this Right of First Refusal, any remaining portion of the 4.0 cfs of the Herdck Ditch Rights that was not subject to such offer will continue to be subject to this Right of First Refusal. T Lazy Seven and Mr. Deane agree that during the term of this right of first refusal, they will use best efforts to continue the historic use of the Herrick Ditch Rights, and take such other actions as are reasonably necessary to protect the Herrick Ditch Rights from loss, diminution in value, and abandonment. The Herrick Ditch Rights that are subject to the right of first refusal herein granted to the City do not include any water FINAL 06/05/05 rev 1:55 p.m. decreed to the Herrick Ditch Priority No. 440 ½ that was changed to augmentation and other uses in Case No. 02CW49, Water Division No. 5, State of Colorado. Future Power Sales. The City of Aspen agrees to provide power for residential and commemial uses on certain real property described on Exhibit B hereto (the "Deane Property") at the wholesale rate paid by the City of Aspen or $.04 per kilowatt hour, whichever is higher plus $.008 per kilowatt hour for wheeling charges. This agreement shall be a covenant running with the land described on Exhibit B. The wholesale rate shall be defined as the wholesale average rate paid by the City of Aspen for the preceding year of power cost which shall be calculated annually on the anniversary date of this Agreement and then applied to the succeeding year cost as the "wholesale rate" per this Agreement. The parties shall use good faith at all times in defining and calculating the wholesale rate, recognizing that future cimumstances may warrant further refinement in the method of calculating the wholesale rate. In addition, the City of Aspen will trade with Mr. Deane up to 400,000 kilowatt hours per year of potential usage from the Maroon Creek Plant for an equivalent usage of power from the hydro-electric power generating plant the City of Aspen intends to build on Castle Creek and/or some other location determined by the City of Aspen. 5. Connection to City Grid. The City of Aspen agrees to and commits to connecting the Deane Property with the City of Aspen's power grid in order to provide power to the Deane Property. In doing so, the City of Aspen will provide and be responsible for the cost of the conduit, line, and two transformers. The City of Aspen's cost contribution for said materials will be limited to $25,000. The easement, and the line and transmission facilities constructed therein will be assigned to the City of Aspen upon completion of installation, and the City shall then own and maintain the line and transmission facilities. The City of Aspen will not be responsible for the cost of excavation. 6. Payments Pending Connection of the Deane Property. Pending the connection of the Deane Property to the City of Aspen grid as described in Section 5 above, the City of Aspen shall pay to Mr. Deane in lieu of providing power $10,000 per year (or pro rata portion thereof) for the years 2005 through the year 2008, for each calendar year (or portion thereof) that the Deane Property is not connected to the grid, and $25,000 (or pro rata portion thereof) for the year 2009, if the Deane Property is not connected to the grid any time during the 2009 calendar year. The due date each year of said payments shall be on the anniversary date of this Agreement. In the event the City of Aspen cannot provide power to Mr. Deane within two years and six months from the date the City of Aspen makes the $480,000 Payment or cannot guarantee by contract at that time that the City of Aspen will provide said power within four years from the date of the $480,000 Payment, the City of Aspen will then pay to Mr. Deane at the time said determination is made, cash in the amount of $225,000 as compensation for the future power sales component of the Lease Agreement, and settlement in full of any claims for future power sales under the Lease Agreement. 3 F1NAL 06/05/05 rev 1:55 p.m. 7. Holy Cross Negotiations. The parties agree that Mr. Deane will be entitled to participate with the City in future negotiations with Holy Cross with respect to power issues. However, during the period of time wherein the City of Aspen is paying Mr. Deane compensation in lieu of providing power to the Deane Property as described in Section 6 above, Mr. Deane shall not negotiate independently of the City of Aspen with Holy Cross as to providing power from the Maroon Creek Plant to the Deane Property via Holy Cross transmission facilities. 8. Confidential Information. The Parties, including the Parties' respective officers, employees, agents and representatives, recognize that the information provided to the City by Mr. Deane in connection with the negotiation and preparation of this Agreement is confidential and proprietary to Mr. Deane, and was provided in confidence by Mr. Deane. The parties agree that such information (collectively "Confidential Information") will be treated as confidential. Neither Party shall reveal Confidential Information to any third party (including without limitation any governmental'entity, business, natural person, or media) without the prior written consent of the other Party or unless required by law. The Parties shall take reasonable precautions and establish reasonable procedures to ensure that no Confidential Information is stolen, misappropriated or otherwise disclosed in violation of this Agreement. 9. Notices. Any notice or other communication given under this Agreement shall be in writing and shall be delivered by hand, facsimile, electronic mail or pre-paid registered mail to the addresses listed below (or such other address that a Party may from time to time designate by written notice to the other Party). Any notice or other written communication delivered by hand, facsimile or electronic mail shall be deemed to have been given and received on the day it is so delivered or, if such day is not a business day, then on the next business day following such day. Any notice or other written communication that is delivered by pre-paid registered mail shall be deemed to have been given and received on the fifth (5th) business day following the date of mailing. If to Wyfick G. Deane or T Lazy Seven Ranch Corp.: Wyfick G. Deane 3129 Maroon Creek Road Aspen, Colorado 81611 If to City of Aspen: John P. Worcester, Esq. City of Aspen 130 South Galena Street Aspen, CO 81611 4 _FINAL 06/05/05 rev 1:55 p.m. 10. Dispute Resolution. With respect to any dispute, controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, the Parties shall first attempt in good faith to resolve the matter through negotiation. If such negotiation is not successful, the Parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association ("AAA") under its Arbitration Rules for the Real Estate Industry then in effect ("Rules"), with costs to be shared equally between the Parties. If such mediation is not successful, the matter shall be submitted to and settled by final, binding arbitration administered by the AAA under the Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Apportionment of costs of the arbitration shall be determined by the arbitrator. Unless the Partie~ agree otherwise, any mediation or arbitration proceedings shall take place in Aspen, Colorado. 11. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective agents, successors and permitted assigns. Nothing in this Agreement, express or implied, is intended to confer upon any other person any rights, remedies, obligations, or liabilities. 12. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and may not be changed, waived or modified except by the written agreement signed by both parties hereto specifically stating that such writing is an amendment to this agreement. 13. Force Majeure. Neither party shall be held liable for failure to perform pursuant to this Agreement due to wars, strikes, acts of God, drought, damage to equipment, or other unnatural and natural disasters, not within the .control of the party. 14. Severabilitv. If any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, all of the remaining provisions shall as far as possible remain in full force and effect. 15. Governing Law. This Agreement shall be governed by the laws of the State of Colorado, without reference to the Colorado law applicable to conflicts of law. 1N WITNESS WHEREOF, Wyrick G. Deane, T Lazy Seven Ranch Corp. and the City of Aspen have caused this Agreement to be executed as of the date first set forth above. Wyrick G. Deane Wyfick G. Deane FINAL 06/05/05 rev 1:55 p.m. T Lazy Seven Ranch Corp. By: Wyrick G. Deane President City of Aspen By Title Jun OS 05 05:37p Jack, KauF~an S?O SH5 7~01 p.~ Our Order No. Q38174~ LEGAL DESCRIPTION PARCEL B: TPI~ WI/20F THE NWl/4 OF SECTION 22; TI-IH SEll4 OF THE NEll4; TI-I~ SEll4 OF SECTION 21, ALL IN TOWNSHIP I0 SOUTH, RANGE g5 WEST OFTH~ 6TH PRINCIPAL EXCEPTING FROM THE ABOVE PARCEL TH~ FOLLOWING: A PARCEL DESCR/BED IN WARRANTY DP.3~o RECORDED JUNE 21, 1973 IN BOOK 277 AT PAGE 118 A PORTION DESCRIBED IN Dw~r~ RECORDED MAY 4, 1962 IAI BOOK 197 AT PAGE 376 A PARCEL DESCRIBED IN DEEDS RECORDED MAY 26, 1954 IN BOOK 172 AT PAGE 319 AND IN BOOK 181 AT PAGE 87 A PARCEL DESCRIBED IN DEED RECORDED JUNE 15, 1950 IN BOOK 172 AT PAGE 150 AND RECORDED 3ULY 14, 1951 IN BOOK 172 AT PAGE 187 A PARCEL DESCRIBED IN QUIT CLA/M DEED RECORDED APR/.L 5, 1984 IN BOOK 464 AT PAGE 226 ALSO EXCEPTING THEREFROM MAROON CREEK ROAD COUNTY OF PITKIN, STATE OF COLORADO 3un OB 05 05:37p Jack Kau?man 970 ~5 ?~01 p.3 LEGAL DESCRIPTION O~r Order No. ~38Z743 PARCEL C: A TRACT OF LAND SITUATED IN THE SOUTHWE5~ I/4 AND THE SOUTHEAST 1/4 OF THE NORTHEAST-114 OF SECTION 21; AND THE WEST 1/2 OF THE NORTI-DNEST 1/4 OF SECTION 22; TOWNSHIP 10 SOUTH, RANGE 85 WEST OF THE 6TH PRINCIPAL IVIERIDIAN; MORE FULLY DESCRIBED AS FOLLOW: BEGIINRqING AT A POINT ON TH~ SOUTHERLY EDGE OF A 30 FOOT ROAD EAS]~VlENT, BEEqG ALSO A POINT ON TH~ ~v'F_SI'ERLY LINE OF ~T T~ OF ~ D~ ~ BOOK 277 AT PAG~ 177 ~ T~ ~S OF T~ PI~ CO~ ~ ~D ~ W~ T~ NOR~ 1/4 ~ OF ~ON 22 B~ N54 DEGAS 39'15" E 2263.65 ~T T~ S 81 D~G~ 43'17" W 1~.53 ~; T~N~ 59.74 F~ A~NG A ~RVE TO THEL~T F~; T~ S 68 DEGAS 38' W 54.33 F~T; T~NCE 19.37 F~T ~ONGA ~VE TO T~ L~ ~GA ~S OF 41.41 FEET; T~ 19.55 F~T ALONG A ~ TO ~ LEFT ~GA ~D~S OF 58.96 FE~; T~N~ S 22 DE~S 50' W 73.82 F~T; T~ 39.83 F~T ~ONG A ~ TO ~ LEFT ~G A ~D~S OF 176.45 FE~; ~ S ~ DEG~ 54' W 14.37 ~ET; T~ 39.97 ~ET ~ONG A ~ TO T~ ~G~ ~G A ~S OF 412.62 ~ET; T~N~ S 14 DEG~ 27' W 6.53 FEET; T~N~ 39.81 FEET ~ONG A ~R~ TO T~ ~GHT ~V~GA ~S OF 166.90 FEET; T~ S 28 DEG~ 07' W 14.50; T~ 39.64 ~ ALONG A ~ TO F~T; T~N~ S 46 DEG~-g ~'W 63.43 F~T; T~N~ 19.99 FE~ ~ONGA ~VE TO ~ L~T ~GA ~S O~ 2~.~ F~T; T~ S 42 DEG~ OO' W 28.~ FEET; T~N~ 19.98 ~ ~ONG A ~ TO ~ ~FT ~G A ~S OF 2~.29 F~T; T~ S 36 DEG~ 17' W 94.87; T~ 59.75 FE~ ~ONG A ~R~ TO T~ ~GHT ~G A ~S OF 270.29 FEET; TH~ S 48 DEG~ 57'W 121.56; ~ 39.38 FEET ~ONGA ~ TO ~ ~-r ~GA ~S OF 91.60 FEET; TH~ 31.30 ~I ~ONG A ~RVE TO ~ L~T ~G A ~S OF 93.33 FEET; . ~ 15.14 ~ ~ONG A ~VE TO ~ ~G~ ~G A ~S OF 117.75 ~ S 12 DEG~ 28' W 22.8 F~T; THEN~ 39.93 F~T ~ONG A ~ TO T~ ~G~T ~G A ~DIUS OF 273.98 ~N~ S 20 D~G~ 49' W 49.43 Jun 06 05 05:38p Jack KauFman 970 925 7401 LEGAL DESCRIPTION Our Order No. Q381743 TI-I~NCH 59.68 FEET ALONG A CURVE TO THE RIGHT HAVING A P, ADIUS OF 235.$5 PEET; ~CE S 35 DE~ 20' %V 26.98 FEET; ~CE 37.14 FEET ALONG A CURVE TO TH]~ RIGHT HAVING A RADIUS OF 106.48 FEET; THE 37.16 FEET ALONG A CURVE TO THE LE~T HAVING A RADIUS OF 108.80 FEET; ' TI-~NCE S 35 DEGREES 45' W 121.38 FI~'T; TI.-I~NCE 59.85 FEET ALONG A CURVE TO THE LEFT HAVIlqG A RADIUS OF 349.93 FEET; THENCF- S 25 DEGP,~ES 57' W 90.79 FEET; THHNC~ 59.88 FEET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 380.47 FEET; THENCE S 34 DEGP,.E'E,S 58' W 41.46 FEET; THENCE 39.83 FEET ALONG A CURVE TO THE !-F~T HAVING A RADIUS OF 179.00 FEET; THENCE S 22 DEGREES 13' 'W 22.65 FEET; THENCE 39.73 FEET ALONG A CURVE TO THE LEFT HAVI]qG A RADIUS OF 138.93 FEET; THENCE S 06 DEGREES 50' W 14.52 FEET; THENCE 29.96 PEET ALONG A CURVE TO TH~ LEFT HAVING A RADIUS OF 224.36 FEET; Tt-IENCE S 00 DEGREES 49' E 12.47 FEET; THENCE 39.01 FHET ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 248,13 FEET; THENCE S 08 DEGREES 24' W 72.01 FEET; THENCE S 52 DEGREES 00' E 132.00 FEET TO A POINT ON THE NORTHERLY F_DGE OF MAROON TH]SNCE ALONG SAID ROAD S 56 DEGREES 28' W 80.00 FEET; THENCE N 36 DEGREES 56 ' W 12.32 FEET; THENCE N 73 DEGREES 34'41" W 223.77 PEET; THENCE N 66 DEG~ 29'05" Vv' 256.75 FEET; TI-ILrNCE N 43 DEGREES 50'15" E 288.36 FEET; THENCE N 15 DEGREES 39'41" W 133.24 FEET; THENCE S 77 DEGREES 34'02' W 195.00 FEET; THENCE S 59 DEGREE, S 37'07" W 234.50 FEET; TI--IENCE N 61 DEGREES 01'32" W 331.50 FEET; THE NORTH 486.00 PEET; 'rH~CE N 66 DEGREES 30'26" E 1374.50 pPI=T; THE NORTH 666,00 FEET; THENCE PAST 696.61 FEET TO A POINT ON THE NORTHWESTERLY LINE OF THAT TRACT OF LAND DESCRIBED IN BOOK 217 AT PAGE 162 PITKIN COUNTY RECORDS; TI--~NCE ALONG SAID LINE S 26 DEGREES 12' W 176.82 FEET TO THE WEST CO~ OF SAID TRACT; THENCE S 11 DEGREES 22'59" E 429.75 FEET ALONG THE WI~-rhlcLY LINE OF SAID TRACT RECORDED IN BOOK 277 AT PAGE 177, TO THE POINT OF BEGINNING. ALSO KNOW AS PARCEL 1, T LAZY 7 RANCH SUBDIVISION, ACCORDING TO THE PLAT RECORD.ED At~RIL 7, 1982 IN PLAT BOOK 13 AT PAGE 24. ALL IN THE COUNTY OF PITKIN STATI~ OI~ COLORADO · rra ~9 'N~GgU ~ NOU.::)3$ t'/L $ t,/r $ ,I,U¥ QI, b"l(:18 A'tB3LS3~ VII b To: City Council From: Ed Sadler, Assistant City Manager Date: April 13, 2005 Subject: City Employee Housing at AABC RE: Costs and Design Competition SUMMARY: At the City Council meeting on April 11, Council requested information on both the construction cost of the proposed project and separately what it would cost in time and money to do a design competition. Information in formulating these responses is based upon the experience with the Parcel D (Annie Mitchell) Project. PREVIOUS COUNCIL ACTION: In a work session some time ago, Council agreed to try the Developer's Model for future Housing Projects. Nothing official was approved by Council, but a minimum threshold of $2,000,000 was proposed as the line at which projects bigger than this would use the Developer's Model for future projects. The Developer's Model and subsequent design competitions have been used now on two housing projects (Burlingame Ranch and Parcel D). The discussion at the time was limited to Housing Projects and further limited to housing projects done with funds from the Housing Fund. Additionally, on April 11, Council decided to postpone action on the design contract for the AABC City Employee Housing project to let staff put together further information. BACKGROUND: As envisioned, the AABC City Employee Housing project is proposed for the site of the existing Animal Shelter and would house City employees once the new shelter was built and the old one was demolished. The AMP budget request planned on a maximum of 12 one and two bedroom units with and average of 850 to 900 square feet per unit. To get this many units on the site, that meant a square three story building with a flat roof and four units per floor. This works out to a total of 10,200 to 10,800 finished square feet at a total cost of the project at $2,600,000 -- a total cost per sq ft of finished space at between $255 and $240. Now granted, a three story square building is probably not the most appealing, however that was the maximum for budgeting purposes and the aesthetics is what prompted us to seek design proposals from architectural firms to see what could be built on site that would be more appealing to both the neighbors and the eventual residents. The redevelopment of the existing Animal Shelter to affordable housing for City Employees is budgeted from several funds, including Water, Parks and the Wheeler funds. Additionally, a development of 12 or fewer units is relatively small. For these reasons, Staff found it appropriate to utilize the Design/Bid/Build procurement process. At this initial step of the Design/Bid/Build process -- acknowledging the benefits of Developer Model, staff incorporated the request for preliminary sketches of into the Design/Bid/Build process along with the standard requirement of qualifications. The contract we are asking you to approve at this point is for the design and planning only. Completed design and planning documents would later be advertised for construction bids. Land use approvals will take 6-12 months to achieve, which means a break-ground date between April/May 2006 - October/November 2006. If the current contract/proposal is adopted, the break-ground date will be between October/November 2005 - April/May 2006. Design Competition - Cost Impacts Suggestions were made that the final competitors receive a fee of $5,000 to $6,000 each for their efforts and that the city could get full blown proposals for this amount, including models. As a point of reference, on both Parcel D and Burlingame, the average model cost between $5,000 and $10,000 with the winning model for Buflingame costing over $8,000 with a discount given for the Architect being a good repeat customer. As part of Assets' follow up on the Burlingame selection process, we asked each of the three finalists how much they had spent on their total efforts in return for the $30,000 each received. In round numbers, each of the 3 finalists spent an average of $300,000 each. The cost of doing a design competition is estimated to be about $25,000 to $30,000 to the City. The cost to the design firms that enter the competition will no doubt be higher. This does not include any costs that may result from the project having a delayed start date. Some concern was raised previously that in the form that the Asset Department was asking for proposals, that the City was asking for the design finns to spend their own money to compete in the process. Granted, the City was not offering any money to the finns that competed, but the work asked for was minimal. Asking that finns now compete in a full blown design competition with only receiving $5,000 to $6,000 put the competitors in possibly an even worse position for spending their own money to compete in the process. This is in addition to taking those that did bother to submit a proposal and declaring their work to be for naught. The three teams that did provide a proposal to the City did so at their own cost and I believe that this work should not be ignored. FINANCIAL IMPLICATIONS: Choosing to utilize a design competition will cost the project an additional $25,000 to $30,000 directly and may cost additional funds later due to a delayed start time. Should the project stay at 9 units and 9,896 sq ft, the project will see a reduction in construction costs below the $2,400,000 currently planned for. RECOMMENDATIONS: I recommend that Council approve the attached contract and begin work on the project. ALTERNATIVES: The City could do either a full blown developer model on this project, or do just a design competition and subsequently bid out the actual construction work when designs and approvals were complete. This would delay the completion of the project. CItY MANAGER'S COMMENTS: //~m2.,~ ~so.,.-rDlh~ d) ~J' 3 MEMORANDUM TO: THRU: FROM: DATE: RE: Mayor Klanderud & Aspen City Council Ed Sadler, Assistant City Manager Michelle Bonfils, City Project Manager April 15, 2005 Revisions to Proposed Contract for 212 AABC City Employee Housing Development SUMMARY: Staffhas worked with Novy Architects to create an estimated budget for the 212 AABC development based on the preliminary conceptual drawings submitted in response to the RFP. The estimated budget (including both soft and hard costs) is $2,389,210, or approximately $241 per SQFT (for hard and soft costs). This is consistent with the costs at the Annie Mitchell Homestead development. In addition, a clause has been added to the Professional Services Contract for Design and Planning guaranteeing the design work can be constructed within the estimated budget. PREVIOUS COUNCIL ACTION: On April 11, 2005 City Council requested Staff provide more information regarding the total estimated project costs for the proposal selected for the 212 AABC City Employee Housing development. DISCUSSION: The current conceptual proposal is for nine units at the 212 ABC site. These units range from studios to 3-bedrooms. It is anticipated that this proposal will be refined after the contract is approved, i.e. the 3-bedroom units may be redesigned into additional 1 and 2-bedroom units increasing the total unit count. The estimated budget (including both soft and hard costs) is $2,389,210, or approximately $241. This is consistent with the costs at the Annie Mitchell Homestead development. Lastly, the Professional Services contract has been amended to include the following clause to guarantee that all Design and Planning work results in a project that can be constructed within the budget: The architectural design will be completed so that construction bids will come within the target budget of $2,400,000. If all construction bids received are above the target budget, the architect, at his own expense, will value engineer the architectural drawings to achieve the target budget. STAFF RECOMMENDATION: Staff recommends approving the contract for Design and Planning Services with Novy Architects. This contract will allow needed employee housing to be developed and possibly break-ground in late 2005. Postponing selection of architectural and planning services will delay the break-ground date until Spring 2006, best case scenario. Similarly, postponement will affect construction prices and the integrity of City advertised jobs. FINANCIAL IMPACTS: This proposal is within budget. ALTERNATIVES: CITY MANAGER'S COMMENTS: Table 8 2t 2 AABC Cashflow Analysis Aspen Affordable Housing Strategic Plan Totals Expenses Predevelopment Land Costs Past Expenses Future Expenses Predeveloement Subtotal Land and Predev. Costa Hard Costs Demolition & Deconstruction Site Deve[oDmerd Site Prep/Excavation/Fill Roadways/Paving Sanita~j Sewer Storm Sewer Water Dry Utilities Construction Finished Sq. Ft. Below Grade/Tuckunder Parking Landscaeina Subtotal Hard Costs Soft Costa Professional Fees Planning Amh[tecture Surveying Engineering Field/Soil Investigation Legal Review Permits and Fees Affordable Permits Affordable Tap Fees Free Market Permits Free Market Taps Subtotal Soft Costs 2.5% 5.0% 0.25% 0.2% $0 Other Costa Developer Fee (8% of Hard Costs) Construction Interest Trans. Dev. Rights (TDR's) Parking Fees-in-Lieu Housing Fees-in-Lieu Contingency {10% of Hard & Soft Costs) Other Subtotal Other Costa Total Construction Expenses 0% 10% 50,000 20,000mayincrea~ duetos[tecondit[ons 10,000 14,000 0 10,000 10,000 25,000 12.000 $1,981,760 49,544 99,088 2.973 29,726 4,954 3,964 0 $190,249 n/a 0 no fee no fee no fee $217,201 $2,389,210 AGREEMENT FOR PROFESSIONAL SERVICES This Agreement made and entered on the date hereinafter stated, between the CITY OF ASPEN, Colorado, ("City") and Novy Architects, ("Professional"). For and in consideration of the mutual covenants contained herein, the parties agree as follows: 1. Scope of Work. Professional shall perform in a competent and professional manner the Scope of Work as set forth at Exhibit "A" attached hereto and by this reference incorporated herein. 2. Completion. Professional shall commence work immediately upon receipt of a written Notice to Proceed 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 May 31, 2006. Upon request of the City, Professional shall submit, for the City's approval, a schedule for the performance of Professional's services which shall be adjusted as required as the project proceeds, and which shall include allowances for periods of time required by the City's project engineer for review and approval of submissions and for approvals of authorities having jurisdiction over the project. This schedule, when approved by the City, shall not, except for reasonable cause, be exceeded by the Professional. 3. Payment. In consideration of the work performed, City shall pay Professional on a time and expense basis for all work performed. The hourly rates for work performed by Professional shall not exceed those hourly rates set forth at Exhibit "B" appended hereto. Except as otherwise mutually agreed to by the parties the payments made to Professional shall not initially exceed $195,000.00. Professional shall submit, in timely fashion, invoices for work performed. The City shall review such invoices and, if they are considered incorrect or untimely, the City shall review the matter with Professional within ten days fi:om receipt of the Professional's bill. 4. Non-Assignability. Both parties recognize that this contract is one for personal services and cannot be transferred, assigned, or sublet by either party without prior written consent of the other. Sub-Contracting, if authorized, shall not relieve the Professional of any of the responsibilities or obligations under this agreement. Professional shall be and remain solely responsible to the City for the acts, errors, omissions or neglect of any subcontractors officers, agents and employees, each of whom shall, for this purpose be deemed to be an agent or employee of the Professional to the extent of the subcontract. The City shall not be obligated to pay or be liable for payment of any sums due which may be due to any sub-contractor. 5. Termination. The Professional or the City may terminate this Agreement, without specifying the reason therefor, by giving notice, in writing, addressed to the other party, specifying the effective date of the termination. No fees shall be earned after the effective date of the ~1-971.doc Page 1 defense costs incurred by the City in connection with, any such liability, claims, or demands. If it is determined by the final judgment of a court of competent jurisdiction that such injury, loss, or damage was caused in whole or in part by the act, omission, or other fault of the City, its officers, or its employees, the City shall reimburse the Professional for the portion of the judgment attributable to such act, omission, or other fault of the City, its officers, or employees. 9. Professional's Insurance. (a) Professional agrees to procure and maintain, at its own expense, a policy or policies of insurance sufficient to insure against all liability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. Such insurance shall be in addition to any other insurance requirements imposed by this contract or by law. The Professional shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to Section 8 above by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, duration, or types. (b) Professional shall procure and maintain, and shall cause any subcontractor of the Professional to procure and maintain, the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurance acceptable to the City. All coverages shall be continuously maintained to cover all hability, claims, demands, and other obligations assumed by the Professional pursuant to Section 8 above. In the case of any claims- made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. (i) Workers' Compensation insurance to cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, and Employers' Liability insurance with minimum limits of FiVE HUNDRED THOUSAND DOLLARS ($500,000.00) for each .accident, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease policy limit, and FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) disease - each employee. Evidence of qualified self-insured status may be substituted for the Workers' Compensation requirements of this paragraph. (ii) Commercial General Liability insurance with minimum combined single limits of ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,000.00) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall contain a severability of interests provision. (iii) Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than ONE MILLION DOLLARS ($1,000,000.00) each occurrence and ONE MILLION DOLLARS ($1,000,00- 0.00) aggregate with respect to each Professional's owned, hired and non-owned vehicles assigned to or used in performance of the Scope of Work. The policy shall contain a severability of interests provision. If the Professional has no owned automobiles, the PS1-971.doc Page 3 City shall provide Professional reasonable notice of any changes in its membership or participation in CIRSA. 11. Completeness of Agreement. It is expressly agreed that this agreement contains the entire undertaking of the parties relevant to the subject matter thereof and there are no verbal or written representations, agreements, warranties or promises pertaining to the project matter thereof not expressly incorporated in this writing. 12. Notice. Any written notices as called for herein may be hand delivered to the respective persons and/or addresses listed below or mailed by certified mail retum receipt requested, to: City: City Manager City of Aspen 130 South Galena Street Aspen, Colorado 81611 Professional: Steve Novy Novy Architects 580 Main Street, Suite 310 Carbondale, CO 81623 970-963-6689 13. Non-Discrimination. No discrimination because of race, color, creed, sex, marital status, affectional or sexual orientation, family responsibility, national origin, ancestry, handicap, or religion shall be made in the employment of persons to perform services under this contract. Professional agrees to meet all of the requirements of City's municipal code, Section 13-98, pertaining to non-discrimination in employment. 14. Waiver. The waiver by the City of any term, covenant, or condition hereof shall not operate as a waiver of any subsequent breach of the same or any other term. No term, covenant, or condition of this Agreement can be waived except by the written consent of the City, and forbearance or indulgence by the City in any regard whatsoever shall not constitute a waiver of any term, covenant, or condition to be performed by Professional to which the same may apply and, until complete performance by Professional of said term, covenant or condition, the City shall be entitled to invoke any remedy available to it under this Agreement or by law despite any such forbearance or indulgence. 15. Execution of Agreement by City. This agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Notwith- standing anything to the contrary contained herein, this agreement shall not be binding upon the City unless duly executed by the Mayor of the City of Aspen (or a duly authorized official in his absence) following a Motion or Resolution of the Council of the City of Aspen authorizing the Mayor (or a duly authorized official in his absence) to execute the same. 16. General Terms. P~l-971.doc Page 5 ATTESTED BY: By: Title: Date: CITY OF ASPEN, COLORADO: WITNESSED BY: PROFESSIONAL: By: Title: Date: ~l-971.doc Page 7 EXHIBIT "B" to Professional Services Agreement Rate Schedule See attached. PS1-971.doc Page 9 EXHIBIT "A" to Professional Services Agreement Scope of Work The architectural design will be completed so that construction bids will come within the target budget of $2,400,000. If all construction bids received are above the target budget, the architect, at his own expense, will value engineer the architectural drawings to achieve the target budget. See attachment for additional outline of Scope of Work. P~l-971.doc Page 8 PROPOSAL 212 AABC HOUSING SUMMARY OF UNITS: We are proposing to have a total of 9 units in this housing complex. These units would be divided into 3 buildings according to type of units. We believe this is the most appropriate mix of number and type of units for this site that will still allow for views and solar orientation. The buildings will be located around a raised central courtyard creating appropraite open space belween the building units. Covered parking will be provided for each unit under parts of 2 of the buildings. Storage lockers for each unit will be provided for each unit near the parking area. Bike storage will be provide for in the parking area as well. A small laundry room and a common mechanical space for all of the units will be under the courtyard as well. (2) 2 Bedroom Townhome Units 1,056 sq. ft. ea. (1) 2 Bedroom Townhome Unit 960 sq. ft. (2) 3 Bedroom Townhome Units 1,452 sq. ft. ea. (2) 1 Bedroom Flats* 816 sq. ft. ea. (2) Studio Units 624 sq. ft. ea. Total Living Area: 8,856 sq. ft. (9) Storage Lockers Laundry Room Mechanical Room 720 sq. ft. 120 sq. fi. 200 sq. fi. Total Misc. Area: 1,040 sq. fi. Total Area: 9,896 sq. ft. · Accessible Unit - ANSI A Standard 580 Main St., Suite 310, Carb0ndale, CO 81623 Tel. 970.963.6689 Fax. 970.963.0135 novy@sopris.net We will look at the appropriate mix of systems for this site at the Design Charrettes. Our design criteria will be: Comfort Affordability Sustainability Energy Efficiency Durability Longevity Appropriatness of Architectural Style The building elements will constructed of durable materials used in a manner that is appropriate and responds to the local vernacular in a way that is not "historic" but a new interpretation of existing styles in the area. Building Integrated Systems for domestic solar hot water, geoexchange, or a photovoltaic system may be used, again dependent on the outcome of the charrettes. These systems will be able to provide a majority of the energy required by the project. The use of energy efficient materials, such as high R-value wall and roof insulation, solar oriented specific glazing, Low water consumption appliances and fixtures will be specified. Compact Fluorescent lighting will be used in each unit. Environmental Technologies Transportation: The AABC is along the existing RFTA routes, and along the existing bike and pedestrian trail system. Bike Parking will be provided for in the complex. Waste Reduction: Deconstruction of the existing building on the site, along with efficient building practices will contribute to significant reduction in waste. A central recycling center will be provided on the site. Energy efficiency / Renewable Energy: Tight, efficient building envelopes, combined with Passive Solar Heating and Active Solar Hot domestic hot water systems and Photovoltaic systems will be incorporated as part of the buildings design. 580 Main St., Suite 310, Carb0ndale, CO 81623 Tel. 970.963.6689 Fax. 970.963.0135 n0vy@s0pris.net Water efficiency: Use of Iow-flow plumbing fixtures, xeric landscaping and rain/snowmelt water collecting for irrigation will be used. Materials and Resources: Efficient use of durable, long-lasting materials that contain recycled content will be used in all aspects of construction. Low VOC materials are preferred as well as locally available products will be used where applicable. Indoor Environmental quality: Filtration, destratification, ASHRAE standard air changes. Operation and maintenance: Energy monitoring before occupation and over time, as well as owner training in the systems will be a vital part f the project. Budget The estimated budget for this project will fall within the Project Cost of $2,,415,000 as per the Asset Management Plan included in the RFP. Upgrades to achieve a LEED Platinum certification will be paid through grant funding. 580 Main St., Suite 310, Carb0ndale, CO 81623 Tel. 970.963.6689 Fax. 970~963.0135 novy@sopris.net Cit of Aspen / Pitkin Count Efficient Building Pro ram ~WNER: City of Aspen PROJECT ADDRESS: 211 AABC PARCEL ID #: CONTACT NAME: CONTACT NUMBER: CONTACT E. MAIL ADDRESS: PERMIT #: TYPE OF PROJECT: Yew construction nnqore footage: Interior remodel square foota~le: Addition square footage: Detached ~lare~e square footage: ~ ~,rcle all that apply) NEW/) (SCRAPE-OFF~ REMODEL 9896 Points required: Points required: Points required: Points required: ADDITION 110 ~. ~. (~ ~ITS REQUIRED DINTS ACHIEVED Cit of .4spen/Pitkin Count Efficient Building Program Checklist Please read the EB Guidelines prior to completing the Checklist. The EB Guidelines serve as the official code document for this program. LEGEND x indicates mandatory compliance for all projects (14 for new houses / 2t for additions/remodels) = Dark outline indicates mandatory measures for publicly-funded affordable housing projects (PFAH) = Self-certified (Applicant's signature on this checklist serves as certification.) = Inspected (PC: Plan Check; 1: Foundation; 2: Framing; 3: Insulation; 4: Rough-in; 5: Final) = Prerequisite (These measures must be achieved for the subsequent points to be earned.) Quantity Levels = QL1 = 10%-25%; QL2=26%-50%; QL3--51%-75%; QL4=76%-100% DECONSTRUCTION / DEMOLITION 8, CONSTRUCTION DEBRIS RECYCLING Deconstruction Plan submitted with permit application (remodels and/or scrape-offs only) Demolition debris reduced (4 points required of remodels and/or scrape-offs; select from 2.2.1 - 2.2.6) 2.2.1 Wood recycled / composted ( ~ 75% of all wood) 2.2.2 Metal recycled ( z 90% of all metals) 2.2,3 Concrete recycled (~ 75% of all concrete) 2.2.4 Carpet pad recycled (90% of all carpet pad) 2.2.5 Compaction (grinding, shredding, crushing, etc.) 2.2.6 Material salvaged for reuse (6 points per level) 2.3 Deconstruction materials donated to a non-prefit organization Construction debris recycled (4 points required of all new construction & PFAH projects; select from 2.4.1 - 2.4.3) 2nd Edition 9/03 City of Aspen / Pitkin County Efficient Building Program Page 1 USE OF RESOURCE EFFICIENT MATERIALS (Part II of section 2.0) Reclaimed lumber (5 points per Quantity Level) 2.6 Reclaimed exterior tdm / siding / interior trim / flooring (5 points per Quantity Level) 2.7 Recycled-content carpet (1 point per Quantity Level) Recycled-contsnt in decking materials {1 point per Quantity Level) Recycled-content sheathing (1 point per Quantity Level) 2.10 Recycled-content or fiber coment siding (l point per Quantity Level) Recycled~content ceramic tile (1 point per Quantity Level) Recyded-oontent roofing (1 point per Quantity Level) 2.13 Rapidly renewable content flooring used (2 points per Quantity Level) Sub Total LAND USE AND WATER CONSERVATION Simple Footpdnt 3.1.1 < 4 extedor corners (no points for 3.1.2 or 3.1.3) 3.1.2 ~ 6 extedor corners (no points for 3.1.1 or 3.1.3) 3.1.3 5 8 exterior corners (no points for 3.1.1 or 3.1.2) Xeriscape Landscaping (2 points required of all PFAH projects; select from 3.2.1 - 3.2.5)) 47 3.2.1 Addition of organic matedal fo and aeration of soil 3.2.3 All planting beds mulched with wood chips at least 2" deep 3.2.5 Zoned irrigation system Water conservation by performance (2 points required of all PFAH projects; select from 3.31 - 3.34) 3.3.2 Dual-flush toilet (1 point for each toilet, no credit for toilet under 3.3.1 ) 3.3.3 Composflng toilet (2 points for each toilet, no credit for toilet under 3.3.1 ) 3.3.4 Only one showerhead in all showers Ddp Irrigation or no irrigation 3.5 Engineered/vegetated swales to filter stormwatar runoff (1 point per Quantity Leve[ of tittered mn-off) Planting trees beyond required trees (1 point for every tree over requirement) Save and reuse all topsoil and/or excavated fill on site 3.7.1 Topsoil reused on site (Indicate storage location on site plan.) 3.7.2 100% of excavated fill reused on site (indicate storage location on site plan.) Site-rock reclaimed on site (2 points for per level; Indicate storage location on site plan.) 3.9 Non-potable water used for irdgaflon 3.10 Pervious materials in "hardscape" areas (2 points per Quantity Level) iub Total FRAMING & MATERIALS Incorporate optimal value engineering (OVE) framing techniques (6 points required of all PFAH projects) 27 0 4.1.4 Stacking joists/studs - eliminating double top plate (2 points per Quantity Level) Odented Strand Board in subfloors (1 point per Quantity Level) Odented Strand Board in wall sheathing (1 point per Quantity Level) Low-toxic Odented Strsnd Board (OSB) (2 points per Quantity Level) Finger-jointadstudsorengineeredstudsforwallframing (1 point per QuantJty Level) Finger-jointed interior trim (1 point per Quantity Level) 4.7 FSC certified matedal 4.7.1 FSC certified sustainabiy harvested lumber (4 points per Quanflty Level) 4.7.2 FSC certified cedar shakes and/or shingles (4 points per Quantity Level) 4.7.3 FSC cartifled tdm and flooring (4 points per Quantity Level) FRAMING & MATERIALS continued on next 2nd Edition 9/03 City of Aspen / Pitkin County Efficient Building Program Page 2 FRAMING & MATERIALS continued 4.7.4 FSC certified cabinets (4 points per Quantity Level) 4.7.6 FSC cerafied windows and/or doors (4 points per Quantity Level) 4.7.6 FSC certified outdoor structures, decking and landscaping forms (2 points per Quantity Level) 4.8 SFI certified material 4.8.1 SFI cartified sustainably harvested lumber (3 points per Quantity Level) 4.8.2 SFI certified cedar shakes and/or shingles (3 points per Quantity Level) 4.8.3 SFI cartified trim and flooring (3 points per Quantity Level) 4..8.4 SFI certified cabinets (3 points per Quantity Level) 4.8.5 SFI certified windows and/or doors (3 points per Quantity Level) 4.8.6 SFi cedified outdoor structures, decking and landscaping forms (2 points per Quantity Level) 4.11 Structural alternatives to wood-frame construction (5 points per Quantity Level) 4.12 Structural Insulated Panels (SIP's) used for exterior walls and/or roof (2 points per Quantity Level) 4.13 Factory-built or panelized construction (1 point per Quantity Level) 4.14 Recycled-content Insulated Concrete Forms (ICF's) used ( ~= 75% of all insulated concrete forms) 4.15 Insulated Concrete Forms (ICF's) (1 point per Quantity Level) Non-solvent based foundation waterpreofing (100% of foundation wall) 4.17 Frost-protected shallow foundation (3 points per Quantity Level) 4.18 20% or more flyash content (1 point per Quantity Level) 47 Sub Total ENERGY MEASURES 5.2 Window quilts or insulated window shades installed ( > 75% of all exterior windows) 5.3 Mechanical equipment centrally located Energy Sta~ house ( 5 star rating on an E-StarTM) 5.5 Energy 10 analysis ~C 5.6 Ali ductwork sealed with mastic 5.8 Unvented crewlspace (conditioned, insulated walls, continuous vapor barrier, no vents, etc.) 5.9 Side-arm hot water heater 5.10 Energy-efficient boiler or fumace 5.10,2 Modulating or sequentially staged boilers 5.11 Outdoor reset thermostat control 5.12 High-efficiency gas hot water heater (stand alone units only) Sub Total PLUMBING Tankless water heater "On-demand" hot water system Sub Total ELECTRICAL 7.2 Clothesline (indoor or outdoor) 7.3 Energy-efficient clothes washer (selected from list on www.cael .org - Tier 2 or higher) 7.5 Efficient light controls ( z 2 interior spaces controlled) 4 }ub Total 2n~ Edition 9/03 City of Aspen Pitkin County Efficient Building Program Page 3 INSULATION 8.1 Wall insulation is 70% recycled material ( a 75% of all wall insulation) Roof insulation is 70% recycled matedal ( a 75% of all roof insulation) Blown / sprayed insulation ( _> 50% of all insulation) 8.4 Formaldehyde-free or Iow-toxic insulation ( z 50% of all insulation) Single-pane windows upgraded (additions and remodels only) 8.5.1 Double-glazed (no points for 8.5.2 or 8.5.3) 8.5.2 Double-glazed with Iow-e coating (no points for 8.5.1 or 8.5.3) 8.5.3 Spectrally-selective film applied to historic windows (no points for 8.5.1 or 8.5.2) 8.6 Existing coiling insulated to R-38 or to capacity (additions & remodels only} Existing walls insulated to capacity or rigid insulation added to exterior (additions & remodels only) 7 Sub Total HEATING~ VENTILATING~ AND AIR CONDITIONING (HVAC) Air destretiflcation system Natural cooling (1 point required ofall PFAH projects) 9.2.1 Vertical shading devices for east and west-faring glass 9.2.3 Radiant heat-reflective barders installed on roof applications 9.2.4 Landscaping that shades east and west facing glazing during the summer season (June-August) No mechanical air conditioning Evaporative cooling (no points far 9.3 or 9.6) Air infiltretion rate below specified levels (Blower Door Test required) (4 points required of all PFAH projects) 9.5.1 0.40 NACH (Natural Air Changes per Hour) 9.6 Whole-House Fan cooling (no points for 9.3 or 9.4) 9.7 Convert electric resistance heat to gas (additions & remodels only) ;).8 Replace electric water heater with a gas water heater (additions & remodels only) ;).9 Hydronic heat ( z 50% of heating system; no points for 9.7) ;).10 Air to air heat exchanger 12 Sub Total 0 10,4 Active solar space heating combined with solar domestic hot water system (no points for 10.2 or 10.3) 10.5 Solar-generated electricity 10.5.1 System size of 1 kW 10.5.2 System size of ~ 1.5 kW (5 additional points for every .5 kW supplied, with a 8 kW maximum) 52 Sub Total 0 Edition 9/03 City of Aspen / Pitkin County Efficient Building Program Page 4 31 Sub Total 0 12,0 INNOVATION POINTS 12.1 Innovative product or design points 12.2 Alternative fuel infrastructure for vehicle use 12.3 Location-efficient project 12.4 Ground source heat pump - wind power fee 0 Sub Total 0 2s9 Total 0 APPLICANT'S SIGNATURE: =RINT NAME: TITLE; NOTE: Signature indicates the applicant will comply with stated requirements, ~( ~( ~( FOR OFFICIAL USE ONLY · · · Plan Check approval by: Date: Foundation Inspection Approval by: Date: Framing Inspection Approval by: Date: Insulation inspection Approval by: Date: by: Date: Final Inspection Approval by: Date: 2~ Edition 9/03 City of Aspen / Pitkin County Efficient Building Program Page 5 Winter Application Guide for Lodging Prepar ed for r!c(.oDerabp I'~\IIL t~ ( LEEDTM Application Guide for Lodging l~e AppIicafioo Gu ide ~r l~odging has ~u ~ ~ ~n ~ the U.S. Air Force and the U.S. Green Buikling Cuuncil. The document is snbject to revision and updating without notice. Revisions may include changes to both the layout and content of the document. 'D)e I~tiEI:)TM Application Guide for l~odgh~g is the first edition of ti~s docu- ment ~at supporN ~e 1EED Green Building Rating System~% Fhe U.S. Green Buikfing Core,cji m~es its best effort at promulga~g a standard that improves envi:roumental ~d economic performance of connnercial build- ings using established or advanced industry pr~ciples, practices, materi- als, and standards. The LEEDTM Application Guide fro' Lodgiug is intended to be used by low-rise, lodging braiding project stakeholders and project teams as a guide for green and sustaiuable design in conjunction wi~ the LEED Green Building Ra~g SystemTM. The U.S. Green Building Council (USGBC) assumes no expressed or implied responsibilib, for the overall perfm'mance of buildings where LEEDTM is used fur design guidance and building operation. The U.S. Green Buildiog Cmmcfl does not ~aranDe, certify, or ensure performance of any products, systems, strategies, or technologies described in fl~e LEED Green Building Referonce GuideTM, The U.S. Green Buildh~g Council ca~ot be held liable tor any criteria set forfl~ herein, which may not N~ applicable to previous or later versions of tim LEED Green Building SystemTM. Copyright ¢.3 Copyright 2001 by the U. S. Green Building Council and the U. S. Air Force. Ali rights reserved. Fhe use of any part of thLs publication, repro- duced, transmitted in any fl)rm or by any means, electronic, med~anica[, photocopying, recording or otherwise, or stored in a retrieval system, with- out the prior consent of both copyright holders, is an infringement of the copyright law and is forbidden. Introduction LEED App!ication Guide for Lodging U S Air Force Sustainable Design & Construction LEED Green Building t~ating System U S Air Force Resources ! I 2 3 How to Use the Application Guide Sample Interpretation Pages LEED Scorecard Interpretation Pages by LEED Category Sustainable Sites Water Efficiency Energy & Atmosphere Materials & Resources Indoor Environmental Quality Innovation & Design Process SSpt0 to SSc80 WEcI0 to WEc31 EApI0 to EAc60 MRpl0 to MRc70 EQ pi0 to EQc82 IDcll to IDc20 Appendix List of Referenced Documents A~i to A~4 Introduction Introduction Ihe purpose of this application guide is to provide direction h~ applying ~e hEED Green Bnildkng Ra ting System (I,EED) to commercial and non-com- mercial facilRies whose primary function is lodging. Lodging facilities are defined as attached living units that provide shelter and basic services such as electricity, water, and sewage to building occupanks. Applicable building types for this guide include dormitories and barracks, apartment build~gs and condom~ums, hotels and motels, nursing homes~ hostels a:nd off,er facilities where lhe prim al3, use is to provide permanent or temporary lodging for people. Ibis gnide is not applicable to s~gle-family residences or medical fadllties. Ihe guide was developed in cooperation with tim U S Air Force and fl~e U S Green Building Councti. U S Air Force Sustainable Design & Construction The United States Air Force (USAF) is committed to sustainable design and cnnstruction practices to comply with Executive Order 1 ~'~73 and E×ecutiw2 Order 12902. These orders direct federal agencies to consider fire following factors when designing and constructing new facilities: use of recycled and salvaged building products, Ii fe cycle analysis, u se of environmentally pref- erable prodtKts, waste prevention and the ultimate disposal of boilding materials, energy efficiency, water conservation, ~nd renewable energ!' tech- nologies. The USAF also recognizes the economic ~md em ironmental benefi Ls of sus- tainable design and construction practkes, Special emphasis is placed on life cycle analysis of designed struck, ires, life cycle analysis (LCA), also refer~ed to as life cycle assessment, is an informed decision-making process that can be applied to building components, design sh'ategies, and other measures associated with analyzing building alternat-ives. The 1. CA pro- cess is beneficial because h~itial capital costs are considered in addition to ownership and maintenance costs over a specified building lifetime, typi- cally 50 years or ~nore. Fo capitalize on parallel efforts and knowledge from fl~e civilian construc- tion industry, the USAF decided to adopt a standardized framewm'k for encouraging sustainable building design. Advantages of using an estab- lished system include the benetit of field-tested methodologies and access to coordinated reference materials that already exist, l'his desire to adopt an existing approach led to the selection of the LEED Green Building Rating System as the basis for evaluating per tormance in new dormitory facilities, ww~ ~lfcee, btooks~af, mi/ Introduction Reference Guide LEED Green Building Rating SystemTM The Leadership in Energy and Environmental Design (I ,EED), is a program of tile USGBC that establishes performance goals in five environmental cat-. egories: Sustainable Sites, Water Efficiency, Energy & Atmosphere, Materi- als & Resources, and Indoor Environmental Quality. In addition, a sixth category, hmovatim~ & Design Process addresses those environmontal is- sues not included in the environmental categories such as acoustics, corn- nm nit;. entrancement, education, and expe~q:ise in sustainable design. Many issues'specific to lodging facilities that are not addressed by the existing credits may be included in the Innovation & Design Process category. The six LEED categories are divided into 41 prerequisites and credits for a total of 69 points. Prerequisites are required to achieve LEED Certification and receive no points. Crediks include a variable number of points, some of which are cumulative based on performance levels and others that address distinct measures that are rolated by an overarching sustainable concept. Qualifying LEED projects are awarded a specific I,EED certification level by the USGBC depending on the total points achieved by the project. The certi- fication levels available for LEEI) projects include certified, sib'er, gold, and platinum. The LEED Green Building Rating System is supported by tile LEED Refer- ence Guide, a document that provides additional infor:mation and guidance for each LEED Prerequisite and Credit. Consult tilt, I ZED Rating System, the LEED Reference Guide and the LEED web site (www.leedbui[ding.org) for m ore hzformation on the LEF. D program, the LEED applicafinn process, and file US(JBC. Applying LEED to USAF Lodging Project~ LEED was designed for new and renovabed commercial buildings, general office buildings, and multi-family residences of four stories or greater. Chal- lenges arise when attempting to apply LEED to lodging facilities because these buildhags are often less than tour stories and are classified as low-rise residential buildings, th addition, lodging facilities are designed as resi- dences for occupants (either on a permanent or temporary basis) and are occu pied at all hours of the day. In contrast, commorcial buildings are de- signed for occupancy during working hours only..,ks a result, sustainable design issues differ for lodging facilities, especially in the Energy Efficiency and Indoor Envh'onmental Quality categories. Many of these issues have been resolved by analyzing the intent of each IEED Prerequisite or Credit designed for commercial facili ties and applying this intent to the lodging facility. Introduction In many case% no supplement to I&:ED is needed for its application to lodg- ing facilities. For instance, many prerequisites and credits in the Sustainable Sites, Ma terials & Resources, and Wa ter Efficiency categories can be applied to lodging facilities with no supplemenlal interpretation. For some of the f.EED Prerequisites aud Credits, lodging facilities have an advantage over commercial buildings due to their residential nature. For instance, a variety of energy-efficient appliances and water-efficient iixtures are availablo for residential applications fl~at are not availabIe to commercial buildings. It is important to note flrat the USA F documents a nd I,EED docu merits differ in their approad ~ to incorporating sustainable measures into buildings, LEED is a performance.based systenr and excels at providing benchmarks for sustainabilil3,. Conversely, the USAt: documents provide prescriptive mea- sures for achieving sustainable goals but do not ootline the goals them- selves. For instance, the I,EED rating syste:m provides perfo~ance goals for wator savings whereas the USAF documents give examples of water efficiency measures such as Iow-flow fixtures and appliances. While the methods for achieving sustainability are markedly different, ail of the documents are helpful references in the design process. It is important to remember that USAF lodging facilities are designed as individual modules that are duplicated many times to create a multi-unit building, Therefore, while environmental ant~ economic im pacts associated with one m odu le may appear to be negligible, these impacts are m ultiplied numerous times to create an entire lodging facility and may result in sub- stantial ilnpacts in aggregate. This application guide does not supercede the standards set forth in the LEED Green Building Rating System, Instead, it is an inlerpretation of the LEED criteria for lodging facilities. The LEED Green Building Rating System and the I,EED Rt ference Guide ~e the governing documents for all LEED certificatinn applications. lodging facilities ioclude the Departmeut of the Air Force Facilily Design Guide for Enlisted Dormitories and the USAF Environmentally Responsible Facilities Guide. Both of these documents provide prescriptive methods for the development of sustainable USAF lodghrg facilities, These documents and other USAI documen ts (listed in the Appendix) should be used in con- junction with the LEED Green Building Rating System, fire LEED Reference Guide and the fEED Welcome Packet when designing and constructing USAF lodging facilities. Overview How to Use the Application Guide 'Ibis Applicatiou Guide is ciesigned to complement the LhED Green But kl- lng Rating System and the LEED Reference Guide. 'lhe Applk:ation Guide should be used as a working document that is referenced and updated queutl¥ throughout fl'~e design process. In fl~is manner, the Application Guide'serves as a checklist o£ suggested steps and caa be used to track the progress uf the design team in file completiou of fl~ose steps. Because changes in the building design affect the anticipated I,EED score, these changes should be tracked as they occur. The elements of this Applicath)n Guide include a LEED Scorecard,-the Prerequisite and Credit Descriptions and an Appendix. The Certification Process In concert with the Applicatkm Guide, the LEED Welcume Packet provides two helpful aids when applyiug for eertification by the U.S. Green Building Councih the I,EED Calculator and the LEED Template. 'I1qe LEED Calcula- tor is a Microsoft Excel spreadsheet programmed to calculate compliance with the requirements for particular LEED credits. The LEED l'emplate is a Microsoft Word document that cau be used to prepare the application for LEED certificatien. Ouce all the steps to achieve a particular prerequisite or credit are complete, the project manager then tr,msfers imfurmation from the Application Guide checklists to the LEED Template. 'Ihe 'lemplate is an automated form that records the required narrative, tracks the points being attempted, and lists the submittals provided to document each prerequisite and credit. The LEED Scorecard (as shmvn on pages 9 and 'l/l) lists each credit included in the I,EED Green Building Rating System, Project managers should use the scorecard to track progress ou the prerequisites and credits beiug pursued for fl~eir pruject. In the initial stages of a project the scorecard caa be used to estimate which credits might be achievable. I hrouglrout project develop- merit the same scorecard can smnmarize the progress of the mom detailed steps listed on the individual page for each LEE[) prerequisite and credit. Project maaagers shoald assess each prerequisite and credit for tire level of effort estimated to achieve them. Adjacent to each prerequisite and credit is a set of three boxes labeled easy, moderate, and difficult. This serves to differentiate "low-hanging fruit" from more difficult green design choices. For prerequisites, eater a zero in the appropriate box, as these are required and have no points associated with them. For credits, enter the anticipated points iu the appropriate box. Fol' those credits that are :aot heiag pursued, cross out the boxes or leave them blank. Total the number of points for each category aud stun all of the poiuts to estimate the anticipated LEED score. A place to cop) the estimated points, aud their level ot difficulty/, is included on the secoud page of the interpretation pages for each prerequisite aud credit. Fbe descriptions for each prerequisile and credit are organized in the Appli- cation Guide b,~ I,EED Category and are numbered by prerequisite or credit number. Sample pages are shown in Figures 1 and 2 to illustrate their fea- The Appendix lists all resources, in print and available electronk:ally, that are applicable to LEED Lodging projects and USA[; dormitory projects. easy mod diff Overview Credit Narratives Fhe prerequisi'fe and c~*edit narratives apt, ly the l,liED (.;reen Building Rat- ing S~, stem to lodging facilities and USAF dormitories. The first page of each prer~quisite and credit narrative includes the official intent and require- ments in formation from the I.EED Green Btdlding Rating System. Yhis serves t~ establish the provisions for successfully earning the prerequisite or credit. 'lhe first page also includes a discussion of how the prerequisite or credit applies to lodging facilities and specifically to USAF dormitories. These features are ilIustra ted in a sample first page in F~gure 1. Overview Credit Checklists 'Ihe second page provkles a checklist for completing th(, prerequisite or credit and is illustrated in Figure Z Fhe ctmcklist Js intended as a step-by-step list for project managers to track progress. Ehe flwee boxes (easy, moderate, and difficult) from the I,EED scorecard are incIuded at the top of the page for project managers to estimate fl~e degree of diffic ults' to achieve each prerequi- site mid credit, Those elements of die checklist required as submittals for i,EED certification are in bold and are noted with the word ' Submidal? Ihe second page also if~cludes a list of USAF reference documents. Fhese documents should be reviewed by the project manager and the proiect team to ensure compliance with USAF regulations and design procedures, lift iRED Certified: 26 32 p{)mts, tEED Silw!r: 33 38 points, tEED Gold: 39 51 peril/Is, L~ED Plafim,~m: 52 - 69 pc ir~(s Prereq 1 Credit 1 Credit 2 Credit 3 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5,1 Credit 5.2 Credit 6.1 Credit 6.2 2redit 8 Erosion and Sedimentation Control 0 Site Selection 1 Urban Redevelopment 1 Brownfield Redevelopment 1 Alternative Transportation, Locate Near Public Transportation 1 Alternative Transportation, Bicycle Storage & Changing Rooms 1 Alternative Transportation, Alternative Fuel Rei'ueling Stations 1 Alternative Transportation, Minimum or No New Parking 1 Reduced Site Disturbance, Protect or Restore Open Space 1 Reduced Site Disturbance, Reduce Footprint & Increase Open Space 1 Stormwater Management, No Net Increase or 25% Decrease 1 Stormwater Management, Treatment Systerns 1 Landscape & Exterior Design to Reduce Heat Islands, Site Surfaces 1 Landscape & Exterior Design to Reduce Heat Islands, Roof Surfaces 1 Light Pollution Reduction 1 Credit 2 Credit 3 Water Efficient Landscaping, 50% Reduction to Potable Free System 2 Innovative Wastewater Technologies 1 Water Use Reduction, 2o-3o% 2 Prereq 1 Fundamental Building Systems Commissioning 0 Prereq 2 Minimum Energy Performance 0 Prereq 3 CFC Reduction in HVAC&R Equipment 0 Credit 1 Optimize Energy Performance, 20-60% New 10-50% Existing 10 Credit 2 Renewable Energy, s.zo% 3 Credit 3 Additional Commissioning 1 Credit 4 Ozone Depletion 1 Credit 5 Measurement and Verification 1 Credit 6 Green Power 1 Prereq 1 Credit 1 Credit 2 Credit 3 ;redit 4 Credit 5.1 Credit 5.2 Credit 6 Credit 7 Storage & Collection of Recyclables Building Reuse, Maintain 75-100% of Existing Shell & 0-50% of Non-Shell Construction Waste Management, Salvage or Recycle 50-75% Resource Reuse, Specify 5-10% Recycled Content, Specify 25-50% Local/Regional Materials, 20% Manulactured Locally Local/Regional Materials, or 20% Above 50% Harvested Locally Rapidly Renewable Materials Certified Wood 0 3 2 2 2 1 1 1 1 Prereq 1 Prereq 2 Credit 1 Credit 2 Credit 3.1 Credit 3.2 Credit 4.1 Credit 4.2 Credit 4.3 Credit 4.4 Credit 5 Credit 6.1 Credit 6.2 Credit 7.1 Credit 7.2 Credit 8.1 Credit 8.2 Minimum IAQ Performance Environmental Tobacco Smoke (ETS) Control Carbon Dioxide (CO2) Monitoring Increase Ventilation Effectiveness Construction lAC) Management Plan, Prior Construction IAQ Management Plan, During Low-Emitting Materials, Adhesives Low-Emitting Materials, paints Low-Emitting Materials, Carpet Low-Emitting Materials, Composite Wood Indoor Chemical and Pollutant Source Control Controllability of Systems, Operable Window Controllability of Systems, Individual Controls Thermal Comfort, Comply with ASHRAE 55-1992 Thermal Comfort, Permanent Monitoring System Daylight and Views, Diffuse Sunlight to 90% Daylight and Views, Direct Line of Site to 90% 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 ]Credit 1.2 Innovation in Design 1 /Credit 1.3 Innovation in Design 1 iCredit 1.4 Innovation in Design 1 Credit 2 LEEDTM Accredited Professional 1 CONSTRUCTION PROJECTS FOR INCLUSION IN THE YEAR 2004 ASSET MANAGEMENT PLAN Facility Fund Account Department Year of Work City Housing at Old Animal Shelter site in the AABC__ Various_ _(see below)_ Asset 2004 and 2005 Project Description: Once the new animal shelter is completed west of town, the City desires to building housing in the old animal shelter location in the AABC. Currently planned are 12 "for sale" units in a three story bldg. The average unit is expected to be about 850-900 SQ FT and be either 1 or 2 bedrooms. Design is planned for 2004 and construction for 200~5. See below for project breakout.' Agency #units General Fund 6 Design Construction -- $100,000 $1,200,000 Parks 1 $!6,667 ~ $50,000 Water 3 $33,334 Wheeler 2 $200,000 $600,000 $400,000 Total Project Cost: 2004= $200,000 and 2005--- $2,400,000_ (Must have completed worksheet attached) Department Director: Date: _5-13-03~ g:\sadler\y2k-amp-forms CONSTRUCTION PROJECTS FOR INCLUSION IN THE YEAR 2005 ASSET MANAGEMENT PLAN Facility Funkl City Housing - AABC Various (See Below) Account Department Asset Year of Work 2005 Project Description: Construct 12 housing units in AABC on the land formerly occupied by the old animal.shelter. Designs completed with money in prior appropriations (shows total price; net cost to be reduced by s.ale price) Parks 1 $175,000 ~. General Fund 6 $1,230,000 Water 3 $615,000 Wheeler 2 $395,000 Total Project Cost: $2,415,000 (Must have completed worksheet attached) Department Director: Ed Sadler Ben Ludlow, 03:06 PM 4/13/2005, Design Competition Costs Page 1 of 1 X-Sender: benl~sam X-Mailer: QUALCOMM Windows Eudora Pro Version 4.2.0.58 Date: Wed, 13 Apr 2005 15:06:14 -0600 To: edwards~ci.aspen.co.us From: Ben Ludlow <benl~ci.aspen.co.us> Subject: Design Competition Costs X~MailScarmer-Information: Please contact the ISP for more information X-MailScanner: Found to be clean Ed, The design competition fro Burlingame Ranch was a very expensive competition. Of the three teams participating in the final competition, combined they spent over $900,000 in professional fees and expenses. Shaw Spent the following: Initial RFQ = $15,000 UP to presentation for 5 teams = $240,000 UP to presentation and final selection = $85,000 Total expended $340,000 Fenton Spent $300,000 and Bald Mountain spent $300,000 RESOLUTION NO. ~ 3 Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING A CONTRACT FOR REDEVELOPMENT AT 212 ASPEN AIRPORT BUSINESS CENTER, BETWEEN THE CITY OF ASPEN AND NOVY ARCHITECTS, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a proposal for employee housing redevelopment at the existing Animal Shelter, 212 Aspen Airport Business Center, submitted by Novy Architects, a true and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that proposal submitted by Novy Architects for redevelopment of the existing Animal Shelter at 212 AABC, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to execute said professional services contract on behalf of the City of Aspen. iNTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the __ day of ,2005. Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk TLO- saved: 4/4/2005-249-G:\tara~animal shelterX212AABC.resolution.doc MEMORANDUM TO: Mayor Klanderud and Aspen City Council THRU: Ed Sadler, Assistant City Manager FROM: Michelle Bonfils, City Project Manager DATE: June 3, 2005 RE: Burlingame Ranch -Part 2 Contract (for Construction) SUMMARY: The following is a budget summary of the design (Part 1 contract) and construction (Part 2 contract) for Burlingame Phase I. Original budget presented to City Council Design changes approved by City Council Council approved PUD requirements Contract reduction (items shifted to direct City expense) Amt Shifted to Part I Phase I Part 1 Part 2 Total $2,241,872 $32,788,147 $35,030,019 $206,714 $3,372,171 3,578,885 220,625 220,625 (2,016,730) (2,016,730) $1,911,084 ($1,911~084) $4,359,670 $32,453,129 $36,812,799 Total Contract Amount Actual cost of items shifted to direct City expense Total Phase I Costs (Part I and 2 contracts plus shifted expenses) $2,756,465 $2,756,465 $39,569,264 DISCUSSION: City Council previously selected this development team and agreed in principal to the $35,030,019 original budget. In subsequent meetings, City Council approved $3,578,885 in project improvements. Council also approved 5 PUD requirements that have subsequently been priced at a total of $220,625 (see attachment A for details). In addition, City staff is recommending a shift in certain project expenses away from the developer's contract. If approved, these expenses will now be paid directly by the City; saving $68,912 in developer's fees. You will note that the amount decreased from the developer's contract is $739,735 less than the amount added as a direct expense to the City. This amount represents corrections to the developer's proposal for water tap fees and school impact fees (see attachment B for details). This issue will be presented in more detail at the City Council meeting and deserves considerable discussion. STAFF RECOMMENDATION: Staff recommends approval of an increase to Part 2 Shaw-Poss-DHM Contract of $3,799,510 to implement the previously approved City Council additions and PUD requirements. Staffalso recommends approval of a change order to Part 1 Shaw-Poss-DHM Contract of$1,911,084 to save on the bonding expenses paid by the City. FINANCIAAL IMPACTS: The Part 2 Contract is proposed to' increase by $3,799,510 due to the approved City Council additions and PUD requirements. Part 1 Contract is proposed to increase by $1,911,084. This amount is the sof~ costs associated with the City Council approved additions and the PUD requirements and other oversight costs during construction. The amount for the Part II contract would be approved for $32,453,129. The revised total cost for Burlingame would now amount to $39,569,264. This would include costs to be paid directly by the City in the amount of $2,756,465. ALTERNATIVES: CITY MANAGER'S COMMENTS: ATTACHMENT A CC APPROVED CHANGES TO ORIGINAL PLAN ORIGINAL CC Approved Additions Jun-05 REVISED CHANGE IN ESTIMATES for COST (from CC Approved original Chan~es estimate) 2.01 Extend"BluffTrail"along North Edge 98,600 98,600 2.03 Conduit to future street lighting 62,484 62,484 2.04a Two street lights at each (2) intersections in PHI 99,702 25,096 (74,606) 2.06 Instsll additional transit stop/trash 38,400 79,716 41,316 2.20 Underground system, ditch, reclaimed, and domestic water option.= 325,000 394,971 69,971 6.02 Solid surface tops ~ Cat 2-4 in lieu of laminate (kitchens) 157,248 157,248 6.03 Solid surface tops ~ Cat 5-7 in lieu of laminate (kitchens) 231,840 231,840 8.04 Clerestory windows at select units 36,000 53,022 17,022 9.01 Bamboo finishes in units living rooms cat 5-7 in lieu of carpet 177,840 221,530 43,690 9.02 Bamboo finishes in units living rooms cat 2-4 in lieu of carpet 275,796 332,213 56,417 9.03 Bamboo finishes in units kitchens cat 2-4 in lieu of linolieum 51,480 66,856 15,376 9.04 Ceramic tile in lieu of linoleum in bathrms cat 2-4 28,980 36,120 7,140 9.05 Sabmoo finishes in kitches cat 5-7 in lieu of ceramic tile 112,320 165,599 53,279 9.10 Tile surrounds in bathrooms in lieu o fiberglass enclosures 2-4 114,048 114,048 9,11 Tile surrounds in bathrooms in lieu o fiberglass enclosures 5-7 164,160 164,160 15.01 Alternate tub using cast iron in lieu of fiberglass cat 2-4 units 95,040 95,040 15.02 Alternate tub using cast iron in lieu of fibepglass cat 5-7 units 164,160 136,800 (27,360) 17.01 Commons Building Shell built in PHI 564,768 564,768 17.02 Change live-wor~ units to conventional units 181,120 181,120 SUBTOTAL 2,978,986 3,181,231 202,245 Contingency - (10%) 297,899 318,123 20,225 Developer Fee of Z5 % 74,475 79,531 5,056 $ 3,351,359 $ 3,578,885 $ 227,526 ** This item was a request of the Cit~ Council to kee~ all ~radin~ within the Phase I boundary. PUD APPLICATION REQUIREMENTS - ADDITIONAL COSTS PUD Additional Costs 2.24 In-line control valve (for water line) 2.27 Barder fence/erosion control for protecting area outside of PHI 2.28 Level spreaders to reduce erosion 2.29 Root barriers (49 trees in ROW 5If barrier/tree 24" deep panels) 2.30 Landscape manual & weed management plan for HOA 6533 66177 100822 11644 10935 I $196,111I Contingency - (10%) 19,611 Developer Fee of 2,5 % 4,903 $ 220,625 J Ohginial CC Approv~:t Items $ 3,578,885 I PUD Items $ 220,625 TOTAL IF ALL ITEMS APPROVED $ 3,799,510 FINAL SOFT COST ALLOCATION Permits Building Permits Plan Review Fees Energy Code Impact Fees Water Tap Sewer Tap School Park for RO Lots Transportation Holy Cross Gas Increase from Original Budger to Current Mark-Up TOTAL Shaw's Original Budget 88,828.00 57,738.00 8,883.00 963,148.00 322,507.00 21,938.00 339,500.00 90,000.00 75,000.00 1,967,542.00 2.50% 2,016,730.00 Shaw Proposes become COA Responsibility 88,828.00 57,739.0O 8,883.00 1,616,352.00 322,646.00 157,517.00 339,500.00 90,000.00 75,000.00 2,756,465.00 RESOLUTION NO. Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AMENDMENT TO THE PART ONE CONTRACT, BETWEEN THE CITY OF ASPEN AND SHAWoPOSS-DHM, AND AUTHORIZING THE MAYOR OR CITY MANAGER TO APPROVE SAiD CONTRACT AMENDMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a change order to the Part One Contract between the City of Aspen and Shaw-Poss DHM in the amount of $1,911,084.00 for certain "soft costs" for the construction of Burlingame Ranch; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves a Change Order to increase the contract price by $1,911,084.00 of the Part One Contract, b~tween the City of Aspen and Shaw-Poss-DHM. A copy of said Change Order is annexed hereto and incorporated herein, and does hereby authorize the Mayor or City Manager to approve said Change Order of behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the __ day of ., 2005. Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk TLO- saved: 6/7/2005-271-G:\tara\Resos~Burlingame Ranch contract amendment,doc RESOLUTION NO. ~'~ ¢ Series of 2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROViNG A PART TWO CONTRACT FOR CONSTRUCTION BETWEEN THE CITY OF ASPEN AND SHAW-POSS-DHM, AND AUTHORIZiNG THE MAYOR OR CITY MANAGER TO APPROVE SAID CONTRACT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Part Two Contract for construction of Burlingam¢ Ranch Affordable Housing Project totaling $32,453,129.00, between the City of Aspen and Shaw-Poss-DHM, a tree and accurate copy of which is attached hereto as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves the Part Two Contract for construction of Burlingame Ranch Affordable Housing Project, between the City of Aspen and Shaw-Poss-DHM in substantially the form as appended hereto, and does hereby authorize the Mayor or City Manager to approve said contract on behalf of the City of Aspen. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ,2005. Helen Kalin Klandemd, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. Kathryn S. Koch, City Clerk TLO- saved: 6/7/2005-253-G:\tara\Resos~Burlingame Ranch part two.doc MEMORANDUM TO: FROM: THRU: THRU: DATE: RE: Mayor and Council Aspen Police Department Mike Tracey Loren Ryerson 05/20/05 Police Mobile & Portable Radios SUMMARY: The replacement of Aspen Police Departments mobile and portable radios will ensure compatibility with current communications technology and comply with FCC mandates regarding public safety communications. City Council should approve replacement of the Aspen Police mobile and portable radios. DISCUSSION: The Federal Communications Commission has recently mandated that all public safety frequencies be changed to a new technology; narrowband digital/encrypted. Thus, the entire public safety industry is transitioning to narrowband digital/encrypted radios. The infrastructure of AsperffPitkin County Combined Communication center's radio system is 85% complete on the narrowband digital/encrypted capability. As soon as law enforcement has the updated portable and mobile radios, the infrastructure will be almost 100% digital/encrypted, and in compliance with the FCC mandate. Currently the APCCC center runs a wideband analog system for law enforcement operations until all local public safety completes the move toward narrowband digital/encrypted. At present, the Pitkin County Sheriff's Office and Snowmass Police Department are capable of narrowband digital/encrypted use. Basalt Police Department is moving toward the narrowband digital/encrypted technology in the near future. The Aspen Police Department, however, currently uses analog radios that are 8-10 years old. Replacement of radios has been part of our asset management plan, scheduled for five years. The replacement of the Aspen Police Department radios will achieve compliance with the FCC mandate as well as fall in to the normal asset management plan for radio replacement. The Department of Homeland Security has been pushing this technology since 09/11/01. FINANCIAL IMPLICATIONS: Funding has been set aside in both the Police and Asset Department budgets for use towards procuring replacement radios. Total costs to replace both portable and mobi[q radios are $134,797.05. Of this, approximately $32,100.25 will be used from the Asset [~-~lla~mt to replace the mobile radios for installation in the replacement police vehicles. Approximately $102,696.80 will be used from the Police Department equipment replacement line to fund procurement of the thirty-eight portable radios. The City is trading in existing radios and accompanying equipment with the vendor. These funds of $9,975 will be applied to the cost of the replacement radio equipment not included with the radios themselves; chargers, speaker microphones and encryption modules. Motorola has been awarded State Contract #72500YYY01. RECOMMENDATION: City Staff recommends City Council approve this contract. This will allow for the purchase of 38 Portable radios and 10 Mobile radios. ALTERNATIVES: The Aspen Police Department could retain the old radios and accompanying equipment. The impact of retaining the 8-10 year old radios would be a lack of digital capability, lack of encryption ability and failure to comply with the FCC mandate. Approval of this purchase will coincide with the acquisition of the new vehicles and accompanying equipment. PROPOSED MOTION: I move to give permission to Finance Department to move forward with the procurement of replacement mobile and portable radios for the Aspen Police Department. CITY MANAGER COMMENTS: ~_.,rn~,- ~ :..Jl. ~ ~r'~ ~'- ~7-o~~''- RESOLUTION (Series of 2005) A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF ASPEN, COLORADO, AND MOTOROLA INC. SETTING FORTH THE TERMS AND CONDITIONS REGARDING POLICE MOBILE & PORTABLE RADIOS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACT WHEREAS, there has been submitted to the City Council a contract between the City of Aspen, Colorado, and Motorola Inc., a copy of which contract is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the City of Aspen hereby approves that contract between the City of Aspen, Colorado, and Motorola Inc. regarding Police Mobile & Portable Radios, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated: Helen Kalin Klanderud, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held Kathryn S. Koch, City Clerk taO. 3360 P. 2 SUPPLY PROCUREMENT AGREEMENT THIS AGREEMENT, made and enferect into, this 20th day of May, 2005 between the City of Aspen, Colorado, herein after referred to as the "City" and Motorola hereinafter referred to as the "Verldor". WlTNES.SETH. that whereas the City wishes to purchase a variety of Radios /Equipment hereinafter called fha UNITIS} being more fully described and attached herewilh as 'Exhibit A', in accordance with the farms and conditions outlined in the Contract Documents and any associated Specifications, and Vendor wishes to sell said UNIT 'fo the Cffy as specified Jn its Bid, NOW THEREFORE, the City and the Vendor, for the considerations hereinafter set forth agree as follows: Purchase. Vendor agrees to sell and City agrees to purchase the UNIT(S) as described in the Contract Document and more specifically in Vendor's Bid for fha sum indicated for each unit in "Exhibit A". 2, Delivery, Aspen Police Department 506 East Main gtreet, Suite 102 Aspen, CO 816] 1) Contract Documents. This Agreement shall include all Contract Documents as the same are listed in the Invitation to Bid and said Contract Document are ]~ereby made a part of this Agreement as jf fully set out at length herein. 4. Warranties. (Per Manufacturer). Successors and Assi~InS. This Agreement and all of the covenants hereof shall inure to the benefit of and be binding, upon the. City and. the Vendorrespectiv,el.y and their age~¢~, represe~ct'~jyes, emptc~yee~. successors, assigns and legal representatives. N'effhe,r the City nor the Vendor shall have the right fo assign, transfer or sublet its interest or obligations hereunder withgut the wr[tter~ consent of the other party. Third Parties. This Agreement does not and shall not be deemed or construed to confer upon ar grant fo any third party or parties, except ta parties to whom Vendor or City may assign this Agreement in ac, c. ordance with the specific written permission, any right to claim · damages or to bring any suit, action or other proceeding against either the City or Vendor because of any breach hereof or because of any of the terms, covenants, agreements or conditions herein contained. MAY. 23. 2005 4:49PM CiTY OF ASPEN NO. 3360 P. 3 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, _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 Pilkin County, Colorado. Attorney's Fees. In the event that legal aclion is necessaw to enforce any of the provisions of this Agreement, the prevailing party shall be entitled fo its costs and reasonable alforney's fees. 1 O, 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 pady based on any alleged unequal status of the pad-les in the negotiation, review or drafting of the Agreement. 11. Cerlificqtjon Re. qardinq Debarment, Suspension, Ineliqibility, 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. If further cerJifies that prior to subrrLitt[ng its Bid that it did include this clause without modificatien in all lower tier transactions, solicitations, proposals, contracts aDd.subcontracts. In the event that Vendor or ctcty lower tier participant wa~ unable to certify to the statement, an' e)~ptan'cffion ~¢~ ~to~bed~ '~ the Bic~ ~qd~ was determined by the City to be scHisfactory to the City. 12. Warranties A.qainsl Continglent Fees, Grat, u£ties, Kickbacks and Conflicts of Interest. Vend'arwarra~ that 11o person or' selling agellcy has beep, 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 of the CilEy a gratuity or any offer of employment in connection with any decision, approval, disapproval, MAY. 2?,2005 4:49P~ CITY OF ASPEN 6. Non-Discrimination. No discrimination because of race, color, creed. sex, marital status, affecfional or sexual orientation, femily responsibility. national origin, anoeslW, handicap, or religion shall be made in the employment of persons to perform under this Agreement. Vendor agrees lo meet mit of the requirements of City's municipal code, section 13-98, pertaining fo nondiscrimination in employment. Vendor further agrees fo comply with the letter and the spirit of the Colorado Antidiscrimination Act of 1957, as amended, and other applicable state (:]nd federal laws respecting discrimination and unfair employment practices, 17_lnteqrafion and Modificahon, This written Agreemenl along with all Contract Documenis shall constitute the contract beNveen the padies and supersedes or incorporates any prior written and oral agreements of the parties. In addition, vendor underst(~nds that no ell3, official oF employee, other than the Mayor and City Council acting es a body at a council meeting, has authority to enter into mn 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 fo the City fo 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 camplete authority to enter into this Agreement for the terms and conditions specified herein, IN WITNESS WHEREOF, The City and the Vendor, respectively have caused this Agreement to be duly executed the day and year first herein written in three [3) copies., att of w~h. lo ali intents and purposes, shcrJ[ ba considered as the original. FOR THE CITY OF ASPEN: ATTEST; By; City Manager City Clerk MAY, 23. 2005 4:507,M CIiY OF ASPEN N0,3360 P, 7 To: Mayor and City Council Through: Steve Barwick, City Manager Through: Randy Ready, Assistant City Manager From: Tim Ware, Parking Director Date: June 7, 2005 Valet Parking Operations Summary: The Parking Department has researched and developed two approaches for the provision ora valet parking program in downtown Aspen. Both plans include day and evening operations for the patrons of the program. A~tached are a detailed operating plan, budget and revenue assumptions for a City of Aspen-run operation (Attachment A), and an operating plan if the service were to be contracted making use ora private operator (Attachment B). If Council is interested in getting this program underway th~s summer, staff recommends approval of the trial operating plan for contracted valet services. Background/Purpose and Need: Over the last ten years there has been an evening-only valet service provided by private contractors. This operation has been conducted in the 400 Block of East Hopkins, across from the Isis Theater. The City provided a license agreement and the needed parking spaces on-street to stage vehicles. All vehicles parked were supposed to be placed in the Rio Grande Parking Garage. This was the main rationale for having a valet operation: to get vehicles off the street and into an underutilized parking structure in the evening. The City received $2.50 per vehicle parked. Unfortunately, there have been several chronic problems with the valet operation. Vehicles were routinely parked in locations all over the core for operator convenience purposes, rather than being parked in the garage. At times, vehicles remained in the staging area for extended periods of time. We have received numerous complaints from the Fire Department over the years regarding obstruction of the street. Payments to the City have been consistently late and the fees remitted often did not accurately reflect the number of vehicles parked. Staff and the CCLC have worked with the previous operator to correct the problems with the valet program, but the problems have persisted. Regardless of the outcome of the decision to expand to a daytime valet operation, we need to change evening valet service providers and require better compliance with the terms of the license agreement (Attachment C). The purpose of a well-run valet parking program in downtown Aspen is two-fold: (1) to decrease the level of congestion and "trolling" for parking spaces in downtown Aspen during peak periods by better utilizing the available off-street spaces in the Rio Grande Parking Plaza, and (2) to provide Aspen guests and commercial core restaurant/retail/entertainment patrons with a convenient parking alternative and superlative customer service. Parking and traffic congestion are at their worst during the summer months in Aspen. Staff recommends a summer trial valet parking program to help alleviate some of the peak daytime congestion in the core. This trial daytime operation would be in addition to the evening operation that has proven to be popular and in-demand by the evening patrons of many of Aspen's clubs and restaurants, since the inception of valet parking in the mid-1990s. Parking space availability in the garage during the evening is not a concern, since over a hundred spaces are available most evenings after 5 p.m. However, there would only be about 30-40 garage spaces available for summer daytime valet parking. That narnber of spaces should be sufficient to test the viability of a daytime valet operation this summer. Previous Council Action: Council has approved valet service license agreements in the past by making use of private operators. The primary reason for the approval was the commitment to get vehicles offthe street and into the garage. This allows for more public parking and reduces the number of vehicles circling the core looking for parking spaces. Financial Implications: City-Run Operation: The attached budget indicates that there would be a start up cost of approximately $6,500 for the required equipment. Based on a 12-week operation, the summer operating expenses would be about $39,000 to run this program. The fee of $18.00 per vehicle was used for the revenue projection. With this number the program would need to be subsidized by approximately $12,390 during the summer season, plus the start-up costs. Council could elect to increase the user fee to try to get the program to break even. However, the elasticity of demand for valet parking at rates above $18.00 is uncertain. Private Valet Operation: Ifa private operator were to be used, the City would receive $2.50 for every vehicle parked in the garage, and the private operator would provide all start-up equipment and assume the risk of any operating shortfalls. Recommendation: Staffrecommends that if this service is to be provided this summer, that the City enter into an agreement with a private operator. Due to this being a trial operation this summer, the City Attorney has approved the City's entering into a short-term contract for the summer without proceeding through the City's formal procurement process. At the end of the 2005 summer season, a review of the operation will be conducted and Council will be asked to decide if the service should be provided for the winter season. If so, the service will be put out to bid and a service provider will be selected for a three-year period beginning winter 2005. Alternatives: If council were to direct staff to operate the service in-house, there would be approximately a 30-45 day period without service while we obtain the proper equipment and hire and train the appropriate level of staffing. If council elects to contract the service, Jay's Valet has indicated that it could be up and running within five days of a notice to proceed. Council could direct staff to continue to use private operators to provide this service. By using this option, the City does lose the ability to have a flexible system and a program that would operate exactly as it is planned to do. The program could be eliminated completely as a service provided by the City. A private operator could start up the service with the City of Aspen taking over the operation after a designated period of time. City Manager's Comments: Operating, Start Up Cost and Revenue Assumptions Start Up Valet Stands - These are units that will provide safe key storage, secure cash placement and will act as workstations on the street. This product was researched on-line and found to be the best available unit. These are $800 each. Tickets - This is the ticket used for vehicle control. Two valet operators were questioned on this process and both responses were the same. The first price break for this product was at the 10,000 items level. We would need to order every other year at $700 per order. Uniforms - This is for two uniform shirts for five employees at $30 each for a total of $300. A two-part jacket would be needed by each of the five employees at $150 each for a total $750. Total for uniforms would be $1,050 using our current uniform providers. Signage - This is for six signs that will indicate where the valet operation will be conducted. These signs will outline hours and days of operations. The signs will be $100 each. Our current sign vendor priced these signs. Traffic Control - This is for cones, flashlights and other traffic control devices primarily for evening operations. Prices of the products were obtained through Saso and Pacific Cascade Parking Supplies Companies. Radios - The operation would need four decent radios for communication. Researching with Motorola arrived at the price of $350 per radio Phone/Pager System - In order to make the valet program operate as smoothly and conveniently as possible, it will be important for the patrons to let the valet captain know when they are returning for their vehicle. Most patrons will have cell phones and will be given a number to call when they are a few minutes away from retrieving their vehicle. A pager/cell phone system for those without cell phones will be important on busy days to avoid lengthy delays in vehicle retrieval. More research needs to be done on this item and alternatives. Annual Operating Expenses Tickets - 10,000 tickets would be purchased every other year for $700 so that would be $350 each year. Uniforms - This $400 would be for replacements and any new staff. Signage - The $200 would be for replacement and any new locations. Traffic Control - $100 for replacement items. Phone Cost --$50 per month estimated for cell phone charges. Personnel Costs: Manager - Asking the two local valet operators what they paid their manager arrived at this figure. Both companies paid the $20 per hour amount. This is for thirty 40-hour weeks over the course ora year, or twelve weeks during the summer season. Attendants - Again both companies were asked what attendants were paid. One was $11 per hour the other was $13 per hour. We split the difference and this is for four attendants working thirty 40-hour weeks over the course of a year, or twelve weeks during the summer season. Marketing - This will be done internally was the $1,000 is what staff decided on to do the proper job. Garage Fees - In order to conduct this operation in such a way that the Rio Grande Parking Garage does not lose money on foregone revenues from other parking patrons, $2.50 per valet-parked vehicle will be remitted to the parking garage fund. Revenue We have had the benefit of contracting out a valet service. The average number of annual vehicles parked over the last three years is approximately 4,400 each year. This has been Thursday through Sunday evening operation for the most part. We have based our $10,200 monthly revenue assumption on the fact that we would be offering daytime operations as well. The $18 per car parked fee is what the other local companies charge when dealing with single car pricing. Valet Start Up Cost Expenses Equipment Valet Stand Tickets Uniforms Signage Traffic Control Radios Phone/Pagers Personnel Manager Attendants Units Cost 1 $800.00 10,000 $700.00 10 $210.00 6 $100.00 $100.00 4 $350.00 4 $5OO.00 Admin Insurance Marketing Totals Summer Operating Expenses Expenses Total Equipment Units Cost Total $800.00 Valet Stand $700.00 Tickets 10,000 $700.00 $700.00 $1,050.00 Uniforms $400.00 $600.00 Signage $200.00 $100.00 Traffic Control $100.00 $100.00 $1,400.00 $2,000.00 Phone $600.00 $600.00 Personnel Manager 1 $20.00 hr $9,600.00 Attendants 4 $12.00 hr $23,040.00 Admin Insurance Marketing $1,000.00 Garage Fees 1,500 $2.50 $6,650.00 $1,000.00 $3,750 $ 39,390.00 Revenue 1,500 users $18.00 $27,000 Revenue and operating expenses are based on 12 weeks of operation this summer Operating Subsidy: $12,390 Valet Operating Plan Jay's Valet Contracted Services After meeting with a private provider of valet services, there is interest in providing a trial program this summer for both day and evening valet services. The following information outlines how Jay's Valet would propose to operate the service. Hours and Days of Operation - Service would be provided seven days week or as directed by the City. Day use is expected to be highest Thursday through Saturday and evening use is expected to be highest Thursday through Sunday. Day hours would start at 11:00a.m. and go through the night until 2 a.m. Location - The 400 Block of East Hopkins location would be desired to start with for access/egress purposes, proximity to core restaurants and entertainment venues, and proximity to the garage. The company would be receptive to trying new locations if the desire and demand were there. Fees - The operator is proposing the following fees: $15.00 for day use and $20.00 for evening use. The operator would request an end-of-summer review of the operation to discuss fee adjustments if necessary. Start Up - The operator has indicated that it could be up and running within five days of notification to proceed. The operator has reviewed the current Valet License Agreement and has agreed to abide by all conditions within the agreement. Twenty parking spaces would be reserved in the Rio Grande Garage for this service during the day. There would be no need to reserve spaces in the evening when the garage is at its lowest level of occupancy. Summary Jay's Valet Parking Services is pleased to submit this proposal. We look toward the opportunity of a long-term mutually beneficial relationship. If the City of Aspen/Parking Operations Manager has an interest in additional valet drop locations, we will take the time to provide our professional advice - knowledge - skills and the necessary staff to help make this a success. We understand that there will be various issues to discuss and work through. We feel confident that with proper communication and the implementation of Jay's Valet strategies, we will succeed in helping to minimize the congestion and concerns the City of Aspen and the Parking Operations Manager is currently addressing. The key to our continued success is consistency, professionalism, a positive attitude, hard- working individuals and having a reliable familiar staffthat understands the wants and needs of every account. I believe in a hands-on ownership and management team that insures the success of each account we take on. 1 encourage you to contact any of our referrals. All My Best, Jay Mills Jay's Valet Parking Services Introduction of Company and Personnel Jay's Valet Parking Services Established in 1985 by Jay Mills, Jay's Valet Parking Services has set precedence for the Valet Parking Business, with a standard for excellence, dependable service, and trained parking engineers. Our attitude reflects one of professionalism and personal satisfaction to each of our customers. Jay's Valet Parking Service is a fully accredited, fully insured company. Personnel Jay Mills Owner 1985 Ken Wartell General Manager 1989 Dianna Schaefer Project Coordinator 1998 Matt Lindberg Director of Operations and Development 2005 Daniel Slachta Area Manager 2002 Staff of over 40 trained and experienced parking engineers. Qualifications and Experience Having 55 plus years of quality Valet Parking experience ranging from Country Clubs, Restaurants, Malls and several thousand Private Functions. Operations Plan Hours of operation: 11:00 a.m. until 6:00 p.m for daytime operations 6:00 p.m. until 2:00 a.m. for evening operations These hours can be adjusted with the verbal agreement between The City of Aspen (Tim Ware) and Jay's Valet Parking management. The hours of operation will be reviewed every 30 days. Days we will be operating: Seven days a week. Rates per vehicle: $15.00 for daytime valet parking $20.00 for evening valet parking Handicapped Parking: $10.00 for daytime and evening valet parking Someone Doesn't Pick Their Car Up: We have several procedures that we will adhere to if a customer does not come back for their vehicle that evening. We will first make sure that the vehicle is secured and locked up in the parking garage to prevent any theft. The on-site manager will be responsible for taking possession of all the keys for any vehicles left ovemight. The customer will be given a phone number to contact the site manager so that they can determine when and where we will return the customer's vehicle back to them. Sample daily/monthly vehicle report: Please see the attached spreadsheet (Schedule "A"). This spreadsheet was generated by conversation with Blake Fitch. This format can be designed to fit the specific needs of the City of Aspen / Parking Operations Manager. Certificates of Insurance: Please see the enclosed certificate (Schedule "B") Other: City of Aspen Business License (Schedule "C") Reference Letters References Maroon Creek Club Mr. Scott Erwin The Little Nell Mr. Eric Calderon Hotel Jerome Mr. Tony DiLucia Aspen Art Museum Mr. Dean Sobel Jazz Aspen / Snowmass Mr. Jim Horowitz Caribou Club Boogie's Lenny Weinglass Howl at The Moon Christy Sauer Aspen Buddy Program Mr. Joel Scott Aspen Camp School for the Deaf Ms. BJ Blocker Aspen Music Festival Mimi Teschner Aspen Institute Walter Isaacson Gulf co Mr. Marty Flug Houston & Gorog Ms. Heidi Houston Mort & Lita Heller COO VP / General Manager General Manager Director / Chief Curator Founder Owner Organizer Organizer Director of Development CEO Owner President 920-1533 920-4600 920-1200 925-8050 920-4996 925-2929 925-6610 925-8050 925-8050 963-2306 925-3254 544-7923 925-2496 925-6866 920-3215 Exhibit A Scope of License June 4, 2003 TERMS AND CONDITIONS The City of Aspen will provide a maximum of six (6) parking spaces to be used for staging vehicles for the valet parking, between the hours of 6:00pm and 2:00am, seven days a week. Those spaces will be designated by the Parking Operations Manager on the south side of the 400 block of East Hopkins. These will be the first six spaces starting at the West end of the block. The city may request changes in the location of, and/or type of parking (angle vs. parallel) with, the spaces provided for valet staging. 3. The spaces will only be designated with signage either provided by the city or explicitly approved in writing by the city. Signage will include the fee to be charged for valet service. 4. No double parking will be allowed at anytime. 5. Additional signage or equipment placed on the sidewalk, curb or street will need prior written consent from the City of Aspen. Any such approvals will be at the operators' expense. 6. Vehicles will be staged adequately and safely, utilizing the designated staging spaces, without congesting the surrounding area and leaving the intersection and street clear at all times. 7. Vehicles will be staged in the area for a minimum amount of time necessary for customer loading and unloading, not to exceed fifteen (15) minutes per vehicle. 8. All vehicles using the valet service will be parked in the Rio Grande Parking Plaza. Under no circumstance will vehicles be parked elsewhere. Valet employees will be encouraged to carpool or utilize RFTA transit service. Employees that use the Rio Grande Parking Plaza for their personal vehicle will be charged the current parking rate. Employees may not use the assigned valet access cards for their personal vehicles. Under no circumstance are valet employees to park their own vehicles in the valet staging area. 10. The operator will continue to use discretion with regards to intoxicated drivers. 11. In keeping with the fee structure for the Rio Grande Parking Plaza ($1.25/hr), the operator will be charged $2.50 for the equivalent of two (2) hours parking per vehicle valet parked. Parking fees will be paid to the City of Aspen Rio Grande Parking Plaza monthly by the fifth day of each month for the previous month. 12. Parking Garage procedures include the following: a. All valet drivers will place valet stub on the rearview mirror, and back vehicles into perpendicular parking spaces. All valet drivers must use the parking garage pass cards upon entering and exiting the parking garage. If gates are raised or broken, valet drivers must insert the card into the reader so accurate accounting may be kept by city staff. Cards will automatically become invalid for improper use. The number of entrances and exits must match each other on a nightly basis. c. Valet drivers will obey all posted parking regulations and speed limits. d. All pass cards will have a $10.00 deposit fee and must be returned at the end of the season. Replacement cards will be issued at a cost of $10.00. 13. Valet service will be provided at no charge for handicapped individuals. 14. A designated valet service supervisor will be on site at all times to ensure full compliance with correct operating procedures and conditions. 15. The operator will carry liability insurance in the amount specified in Section 6 of the License Agreement. The City of Aspen reserves the right to review and modify insurance requirements. The City of Aspen will be named as co-insured. 16. At least two (2) weeks prior to the beginning of the service, the operator will provide to the City of Aspen parking Operations Manager a copy of the following: Service specifications and operation plan including hours of operation, rates and drop off and pick up arrangements, etc. Operator service manager(s) name(s) and phone number(s) to allow contact at anytime during valet service hours. Certificate of insurance, demonstrating adequate general liability and garage keepers' insurance coverage. Sample of daily/monthly report formats. 17. The operator will maintain accurate and complete records for the valet service. The City of Aspen reserves the right to audit such records at anytime. 18. Monthly reports will be submitted to the City of Aspen's Parking Operations Manager by the fifth day of each month for the preceding months valet service activity. Additionally payment to the City of Aspen for the previous month's fees will be paid at this time. 19. The City of Aspen will enforce the valet staging area parking regulations through the issuance of parking tickets. Vehicles will be towed at the discretion of the Aspen Police Department and/or Parking Operations Manager. 20. The operator will communicate any problems or requests to the City of Aspen through the Parking Operations Manager. 21. In the best interest of the City of Aspen, the city reserves the right to review and modify any if these terms and conditions at anytime. 22. The contract will be a (3) three-year term. The City can terminate contract at anytime. 23. If the Valet Operator sales or transfers ownership of the Valet service, this contract will be terminated at that time. 24. The valet provider will be required to post a $2,500.00 bond. Violation of the above terms and conditions will result in the following penalties: First offense for each item - warning Second Offense of each item - $500.00 penalty to be deducted from the posted bond. Third Offence of each item - CCLC review of the operation and penalties of up to, and including forfeiture, of the entire bond and termination of the contract. Z