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2021-01-04 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Teleconferenced Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, January 4, 2021 ♦ 6:00 PM This City Council Special / Regular meeting will be held by teleconference. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=sb1i5FSPoFc 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic a. Director of Utilities Pieter Van Ry and Carol Malesky from Stantec will be present to discuss options to Council for a new Customer Assistance Program (CAP) for Utilities. Presentation: 20 minutes Discussion: 20 minutes Utilities - Customer Assistance Program (CAP) Discussion - Pdf b. The Wayfinding and Placemaking committee will be present to recommend that the City Council adopt the concept Love, Englewood for inclusion in the final wayfinding and placemaking master plan. Presentation: 15 minutes Discussion: 15 minutes The Architerra Group and P2 Solutions will present findings from the wayfinding and placemaking survey results. - Pdf Council Meeting 1-4-21 c. Director of Human Resources Ronda Henger will be present to discuss the recommendation to use GovHR for this recruitment process for the City Attorney. Presentation: 5 minutes Discussion: 20 minutes Gov HR Proposal Review for City Attorney Search - Pdf 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of December 7, 2020. Teleconferenced City Council Special Regular - 07 Dec 2020 - Minutes - Pdf b. Minutes of the Regular City Council Meeting of December 14, 2020. Teleconferenced City Council Special Meeting - 14 Dec 2020 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition Page 1 of 559 Englewood City Council Regular Agenda January 4, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. a. Staff will be present to award the winners of the Keep Englewood Beautiful Holiday Lighting Contest. Recognition of Keep Englewood Beautiful Holiday Lighting Award Winners - Pdf b. Resolution appointing members to various boards, committees and commissions. Resolution appointing members to various boards, committees and commissions. - Pdf 7. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to five minutes. Written materials for presentation to Council may be submitted to the City Clerk. a. Kathleen Bailey, an Englewood resident, sent the attached written public comment to address Council. 1.04.21 - Public Statement K.Bailey b. Janice Brown, an Englewood resident, will address Council regarding Covid-19. c. Jon Liberman, an Englewood resident, will address Council regarding a recall by petition. d. Marcy Brown, an Englewood resident, will address Council. e. Tammy Williamson, an Englewood resident, will address Council. T.Williamson Public Comment 1.04.21 f. Karen Karvonen, an Englewood resident, will address Council. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council meeting for Monday, January 4th, please visit https://englewoodco.zoom.us/webinar/register/WN_pwrobPxERzOLeuq52C1VQw and register! You will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, December 8th. This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification, but there will not be any dialogue. Please limit your presentation to 3 minutes. Council Response to Public Comment. Page 2 of 559 Englewood City Council Regular Agenda January 4, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 59 - Approve an Easement Agreement with the Colorado Water Conservation Board for property easement necessary to complete the Big Dry Creek Diversion Project. CB 59 - Pdf Staff recommends City Council approve, by Ordinance, authorizing the City of Englewood to enter into a 25-year easement agreement with the Colorado Water Conservation Board (CWCB). Staff: Deputy Director of Utilities Steven Simon ii. CB 61 - The owner of 3649 S Grant Street, is requesting a vacation of the public right of way CB 61 - Pdf Staff and the Planning and Zoning Commission recommend that the City Council not approve the vacation of right of way request at this time for the following reasons: 1. Viable use of the property per the Unified Development Code, remains without vacation of the right-of-way. 2. Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate future multi-modal transportation improvements. 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. Once the Congestion Mitigation and Alternatives Analysis study is completed, the US 285/Broadway interchange reconstruction project advances, further utility location study occurs, and easements provided or utilities moved to a different location in conjunction with the city Utilities Department, a portion or all of this requested right-of-way vacation could be re-evaluated at a future date. However, at this time city staff is unable to support this request. Staff: Planning Manager Wade Burkholder c. Resolutions and Motions i. Complete replacement of the driving range netting due to age and failing condition of existing netting which has been in place since 2008. Staff: Dave Lee, Page 3 of 559 Englewood City Council Regular Agenda January 4, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Marty Savage Golf Course Driving Range Netting Replacement - Pdf Staff recommends City Council approve, by Motion, the contract between the City and Judge Netting for the replacement of the driving range netting at Broken Tee Golf Course in the amount of $128,900. Staff: Manager of Open Space Dave Lee and Golf Course Superintendent Marty Savage ii. Professional Services Agreement for Pump Station Rehabilitation Engineering and Design Services. Professional Services Agreement for Pump Station Rehabilitation Engineering and Design Services. - Pdf Staff recommends City Council approve, by Motion, a professional services agreement with HDR, in the amount of $304,340, with an additional ten percent staff-managed contingency for a total authorization not to exceed $334,774, to perform engineering services supporting the rehabilitation of four (4) Utilities water pump stations. Staff: Deputy Director of Utilities Steven Simon iii. 2021 Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (including two, one-year options for the City to extend) 2021 Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (including two, one-year options for the city to extend) - Pdf Staff recommends City Council approve, by Motion, a new Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (KKR) for 2021 to serve as Special Counsel in connection with various CityCenter redevelopment matters. Staff: Redevelopment Manager Dan Poremba iv. Construction of Phase 2 Improvements to Romans Park. A grant was awarded by Arapahoe County Open Spaces in September 2020 and Council approved an Ordinance of an IGA with Arapahoe County for award of the grant funding in the amount of $350,000. Romans Park Improvements Phase 2 Construction Award of Contract - Pdf Staff recommends City Council approve, by Motion, a contract for construction of Romans Park Tennis and Playgrounds Phase 2 to the lowest bidder, Singing Hills Landscape, Inc. in the amount of $350,000. Staff: Manager of Open Space Dave Lee and Parks Supervisor Adrian Torres v. Designation of the Official Posting Place for Legal Notices Designation of the Official Posting Place for Legal Notices - Pdf Staff recommends City Council approve, by Resolution, the designation of the Official Posting Place for Legal Notices for 2021. Staff: City Clerk Stephanie Carlile 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 01 - Update to Title 7, Chapter 7 regarding Public Aid, Mutual Aid and Emergency Response Page 4 of 559 Englewood City Council Regular Agenda January 4, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Title 7, Chapter 7. Public Aid, Mutual Aid and Emergency Response. - Pdf Staff recommeneds City Council approve a Bill for an Ordinance for the proposed updates to Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response. Staff: City Attorney Alison McKenney Brown ii. CB 02 - Council Rules and Policies updates: Ethics, Recusal and Financial Conflicts of Interest Code of Ethics for the City of Englewood. - Pdf Staff recommeneds City Council approve a Bill for an Ordinanceupdating Code of Ethics. Staff: City Attorney Alison McKenney Brown b. Approval of Ordinances on Second Reading i. CB 58 - IGA with Arapahoe County Office of Emergency Management – 1st amendment CB 58 - Pdf Staff recommends City Council approve, by Ordinance, the first amendment to the IGA for the calendar year 2021. c. Resolutions and Motions i. The final grant application is due to FEMA on January 15, 2021. Staff has been working with the Colorado Office of Emergency Management on the grant application who has indicated that letters of support will assist FEMA in evaluating the grant applications. Letter of Support for the city's FEMA Flood Recovery Assistance Grant Application - Pdf Staff recommends City Council approve, by Motion, that the Mayor sign a letter of support for the city's FEMA Flood Recovery Assistance (FRA) grant application. Staff: Director of Public Works Maria D'Andrea ii. General Fund Police Department 2021 Budget and Appropriation Supplemental General Fund Police Department 2021 Budget and Appropriation Supplemental - Pdf Staff recommends City Council approve, by Resolution, authorizing a Police Department 2021 Budget and Appropriation Supplemental. Staff: Police Chief John Collins and Assistant to City Manager Tim Dodd 12. Covid-19 Update 13. General Discussion a. Mayor's Choice i. Council Liaison Discussion Council Liaison List ii. Discussion of Mayor/Council column guidelines for Citizen Magazine iii. Executive Session for Personnel Disscussion b. Council Members' Choice Page 5 of 559 Englewood City Council Regular Agenda January 4, 2021 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 14. City Manager’s Report 15. City Attorney’s Report 16. Adjournment Page 6 of 559 STUDY SESSION TO: Mayor and Council FROM: Pieter Van Ry DEPARTMENT: Utilities DATE: January 4, 2021 SUBJECT: Utilities - Customer Assistance Program (CAP) Discussion DESCRIPTION: Provide information to Council on a Customer Assistance Program (CAP) for Utilities RECOMMENDATION: Director of Utilities Pieter Van Ry and Carol Malesky from Stantec will present options to Council for a new Customer Assistance Program (CAP) for Utilities. PREVIOUS COUNCIL ACTION: • November 16, 2020, Council approval of 2021 Rate and Fee Schedule and 2021 sewer rate increase ordinance. • November 2, 2020, Council approval of 2021 stormwater rate increase ordinance. • August 24, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #3. Final recommendations for sewer rates and fees were presented. • July 27, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #2, focused upon connection fees, CIP Funding scenarios, and a proposed customer assistance program. On July 27, new financial scenarios incorporating feedback from the June 22 study session were presented to Council. Revised 10-year financial model results were presented. Additionally, initial findings for connection fees were reviewed as well as the proposal of a customer assistance program to assist customers experiencing financial hardship with their utility bill. • June 22, 2020, Study Session: Water and Sewer Utilities Rate and Fee Study Progress Update #1, focused upon preliminary results of the Rate and Fee Study related to rates. SUMMARY: Throughout 2020 Council considered many options to address the financial issues facing the City's utility enterprise funds. The Utilities are facing significant capital investment requirements in order to address aging infrastructure issues. Through extensive financial analysis and several discussions with Council in the summer and fall of 2020, Council ultimately approved rate increases for the water, sanitary sewer, and stormwater utilities to address these needs. As part of that discussion, Council directed staff to investigate options for a Utility Customer Assistance Program (CAP) to help address affordability issues for residents of Englewood. Staff will present a review of the findings from this analysis and seek feedback from Council on how to proceed. ANALYSIS: Customer Assistance Programs are widely used across the country to address affordability issues for Utility customers. As part of the utility rate and fee analysis and subsequent 10-year Page 7 of 559 utility finance plan, staff worked with Stantec consultants to evaluate options for the creation of a CAP for the City of Englewood. Stantec conducted research both locally and nationally to provide data that can be considered by the Council as it provides direction to staff on how to proceed with this type of program. Rate increases for the water and sanitary sewer utilities are not scheduled to take effect until April 1, 2020, which should provide enough time to implement a CAP recommendation if directed by Council. FINANCIAL IMPLICATIONS: Review of potential funding sources for a CAP will be presented to Council for consideration. These include a voluntary contribution option for residents on their utility bill and a General Fund supported program. ALTERNATIVES: If a CAP is not implemented, then the utilities would continue to function as they do currently and qualified residents would not have an option for utility bill relief. CONCLUSION: CAP's are a tool used by utilities across the country to address affordability issues for rate payers. Englewood City Council will be provided options to consider for a new CAP in the City of Englewood. Staff will seek feedback and direction from Council on the options provided. ATTACHMENTS: PowerPoint Presentation Page 8 of 559 City of Englewood 2020 Water & Sewer Rate Study City Council Study Session January 4, 2021 Page 9 of 559 Agenda 1.Customer Assistance Program 2.Service Area Characteristics 3.Feedback Page 10 of 559 Proposed Customer Assistance Program (CAP)Page 11 of 559 CAP ElementsCAP Elements •Eligibility Requirements •Discount/ Assistance Level •Funding Source •Administration •Application 4Page 12 of 559 Potential CAP Eligibility RequirementsCAPEligibility •Income as percent of Federal Poverty Level •Adjusted by household size •Age (Seniors) •Homeowner/Utility Bill Payer Poverty Level Income HH1 Income HH2 Income HH3 Income HH4 Income HH5 Income HH6 100%$12,760 $17,240 $21,720 $26,200 $30,680 $35,160 150%$19,140 $25,860 $32,580 $39,300 $46,020 $52,740 200%$25,520 $34,480 $43,440 $52,400 $61,360 $70,320 5Page 13 of 559 Discount/Assistance Level •Discount of monthly capital improvement fee •Discount for all three utilities ◦Total Bill ◦Percentage of Bill CAP Discount Level 6Page 14 of 559 Discount –Capital Improvement Fee Utility CIF Discount /Month/Acct CIF Discount /Year/Acct Water $15 $180 Sewer NA NA Stormwater NA NA CAP Discount Level 7Page 15 of 559 Discount for All Three Utilities Other Utilities Discounts: •CRW Cares -$150 credit max annually •Aurora Water Cares-$250 credit max annually CAP Discount Level Utility Sample Bill FY 2021/ Month Discount @ 15% Discount @ 20% Discount @ 25% Discount @ 30% Discount @ 35% Water (6 kgal)$38.89 $5.83 $7.78 $9.72 $11.67 $13.61 Sewer (min)$24.56 $3.68 $4.91 $6.14 $7.37 $8.60 Stormwater $10.27 $1.54 $2.05 $2.57 $3.08 $3.59 Total Monthly $73.72 $11.06 $14.74 $18.43 $22.12 $25.80 Total Annually $884.64 $132.70 $176.93 $221.16 $265.39 $309.62 8Page 16 of 559 CAP Benefit Distribution •Bill Discount •Payment Voucher •Lower Rate CAP Benefit Distribution 9Page 17 of 559 CAP Funding Source •General Fund Contributions −Marijuana tax dollars −New line-item appropriation •Voluntary Bill Contributions −Examples ◦Aurora Water (auroragov.org) ◦MAWSS (mawss.com) CAP Funding Source 10Page 18 of 559 CAP Administration •In-house Staffing •Arapahoe County partnership 1)Financial Assistance (https://www.arapahoegov.com/425/Financial-Assistance) –Adult Financial Program –Child Care Assistance –Colorado Works –General Assistance –Heat/ Energy Assistance (LEAP) –Military Family Assistance 2)Arapahoe County Council on Aging (ACCoA) (https://accoa.info/) 3)Food Assistance (https://www.arapahoegov.com/433/Food-Assistance) 4)Colorado PEAK (https://coloradopeak.secure.force.com/) 5)Medical Assistance (https://www.arapahoegov.com/438/Medical-Assistance) 6)Salvation Army Centennial Corps (https://centennial.salvationarmy.org/) CAP Administration 11Page 19 of 559 CAP Administration Costs •In-House Estimate •$50,000 for 0.5 FTE -program administration •County Administration •Negotiated fee based on the program costs ◦Typically between 10 –17% ◦Can be a “per application processed” rate •Covers cost of time & personnel (salary, benefits, supervision, technology, etc.) CAP Administration 12Page 20 of 559 CAP Application Process •Income Verification •Annual Application •Re-application Process CAP Application 13Page 21 of 559 CAP Application ExampleCAP Application 14Page 22 of 559 Service Area Characteristics Page 23 of 559 Safety Moment Englewood Account Location 16Page 24 of 559 Safety Moment Englewood Account Density With Census Tract 17Page 25 of 559 Safety Moment Median Household Income US MHI: $60,293 CO MHI: $68,811 Englewood MHI: $56,586 18Page 26 of 559 Safety Moment Area Zoom In B r o a d w a y W. Oxford Ave E. Quincy Ave 19Page 27 of 559 Safety Moment Percent of Households with Rent Above 35% Limited to renters only, not mortgages About 44.7%across service area 20Page 28 of 559 Safety Moment Percent of Households in Poverty 13% of service area has income less than 100% of the federal poverty rate 21Page 29 of 559 Unemployment Rate CAP Unemployment Rate 22 Area ACS 20191 BLS Oct 20202 FRED Oct 20203 City of Englewood 5.7%6.7%NA Arapahoe County 7% Notes: 1. From US Census Bureau, 2019 5-year American Community Survey, Table DP03 2. From US Bureau of Labor Statistics, Metropolitan Area Employment and Unemployment Report https://ycharts.com/indicators/englewood_co_unemployment_rate 3. From Federal Reserve Bank of St. Louis, Economic Data Unemployment Rate in Arapahoe County, CO. City of Englewood unemployment rate not available. https://fred.stlouisfed.org/series/COARAP0URN Page 30 of 559 CAP Based on % of Poverty Level Income - HH 1 Income - HH 2 Income - HH 3 Income - HH 4 Participation Rate Participating/ Englewood Served Households CAP @ 100%CAP @ 50% 100%$12,760 $17,240 $21,720 $26,200 100%1,491 $268,421 $134,211 125%$15,950 $21,550 $27,150 $32,750 100%1,961 $352,982 $176,491 150%$19,140 $25,860 $32,580 $39,300 100%2,339 $421,108 $210,554 175%$22,330 $30,170 $38,010 $45,850 100%2,659 $478,577 $239,288 185%$23,606 $31,894 $40,182 $48,470 100%2,767 $497,999 $248,999 200%$25,520 $34,480 $43,440 $52,400 100%2,935 $528,277 $264,139 250%$31,900 $43,100 $54,300 $65,500 100%3,255 $585,846 $292,923 Proposed Englewood CAP Details Cost Impact of CAPCAP Cost Impact 1 1 Note: Excludes $50,000 staffing requirement for 0.5 FTE for program administration 23Page 31 of 559 Feedback Page 32 of 559 Discussion •Decision Points •Eligibility •Discount Method •Funding Source •Benefit Disbursement •Administration •Water & Sewer Board Feedback CAP Feedback 25Page 33 of 559 STUDY SESSION TO: Mayor and Council FROM: Chris Harguth DEPARTMENT: Communications DATE: January 4, 2021 SUBJECT: The Architerra Group and P2 Solutions will present findings from the wayfinding and placemaking survey results. DESCRIPTION: The Architerra Group will present findings from wayfinding and placemaking survey results. RECOMMENDATION: The wayfinding and placemaking committee is recommending that City Council adopt the concept Love, Englewood for inclusion in the final wayfinding and placemaking master plan. SUMMARY: A survey was open from November 23 - December 15 soliciting public feedback on two concepts for wayfinding and placemaking. A post card was sent to every Englewood address promoting the survey. More than 800 people started the survey with 80% answering every question. According to Survey Monkey, the average response time was seven minutes. ANALYSIS: Both concepts were well received by the public. Younger demographics (up to age 54) preferred Love, Englewood and older demographics (55 and older) preferred the Wooded Nook. Wooded Nook was preferred for questions about "honoring the past" and "being appropriate for Englewood." Love, Englewood was preferred for the other eight questions that addressed friendliness, effectiveness, culture, forward-thinking, signage and more. ALTERNATIVES: The committee is asking City Council to adopt either Love, Englewood or Wooded Nook for inclusion in the final master plan document. CONCLUSION: After reviewing the survey results, those in attendance at the last meeting of the wayfinding and placemaking committee unanimously chose Love, Englewood as the concept they would like to see included in the final master plan (Council Member Stone abstained). If City Council chooses to move forward with either concept, the master plan will be brought back for formal adoption in early 2021. Page 34 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING JANUARY 4, 2021 Page 35 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING •Provide a summary of project efforts since meeting #3 •Share revised wayfinding concepts and placemaking ideas •Share data from public outreach survey •Provide the opportunity for the Task Force members to offer feedback on the preliminary wayfinding concepts and placemaking ideas and public outreach survey •Provide the opportunity for the Task Force members to brainstorm placemaking opportunities for inclusion in the final document •Agree on next steps for moving forward. MEETING OBJECTIVES Page 36 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 37 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 38 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 39 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 40 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 41 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 42 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 43 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 44 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 45 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 46 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 47 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 48 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 49 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 50 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 51 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 52 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 53 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 54 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Background information about wayfinding and placemaking •Information about each concept with accompanying graphics (same as this presentation) •11 questions (same for each concept) PUBLIC SURVEY - SURVEYMONKEY CITY COUNCIL MEETINGPage 55 of 559 Results of Community Survey Page 56 of 559 806 people started the Survey •Open from November 23 to December 15; first responses on November 30th –the Monday after Thanksgiving •About 80% completed all questions •According to Survey Monkey, average response time was 7 minutes Page 57 of 559 Age Distribution of Respondents Age Started Survey Number of Completed Surveys Non-Response Rate Proportion of Responses Under 18 1 0 100%0% 18-24 16 12 25%1.8% 25-34 233 194 17%29.4% 35-44 191 156 19%23.6% 45-54 116 96 17%14.5% 55-64 119 104 13%15.7% 65+115 90 22%13.7% Prefer not to say 15 9 40%1.4% All Ages 806 660 18%Page 58 of 559 Ethnic Distribution of Respondents Age Category White or Caucasian Hispanic or Latino Black or African American Asian or Asian American American Indian or Alaska Native Native Hawaiian or other Pacific Islander Two or More None of the Above Prefer not to Say 18-24 10 2 1 0 2 1 0 25-34 196 12 1 4 2 1 9 1 9 35-44 163 5 4 2 6 1 8 45-54 96 6 1 4 1 5 1 6 55-64 95 4 1 1 1 13 65+102 3 2 1 7 Prefer not to Say 3 13 Subtotal 665 32 3 11 8 4 22 5 56 Page 59 of 559 Who participated in the survey?Page 60 of 559 Who were the “others“?” •Born in Englewood •I live across the street from Englewood and use parks •I lived in Englewood for 21 years and recently moved to Denver •I shop in Englewood •I travel through Englewood nearly everyday 👽👽👽👽Page 61 of 559 Ten questions asked about each of the design concepts •How welcoming does the concept feel? •How friendly does it feel? •How effectively does it portray information about Englewood's businesses, services, and amenities? •How effectively would it support residents, employees, and visitors as they live, work, shop, move, learn, and play? •How well does it embody Englewood's culture? •How well does it honor Englewood's past? •How well does it portray Englewood as a contemporary and forward-thinking city? •How well does it encourage exploring Englewood by walking, biking, or transit? •How appropriate is it for the City of Englewood? •Other comments?Page 62 of 559 How welcoming is the concept? 0 50 100 150 200 250 Very Welcoming Moderately Welcoming Welcoming Minimally Welcoming Not Welcoming How Welcoming is the Love, Englewood Concept? (by response) 18-24 25-34 35-44 45-54 55-64 65+Prefer not to SayConclusion: 3% more people indicated that Love, Englewood was “Welcoming” or higherPage 63 of 559 How friendly is the concept? Conclusion: 2% more people indicated that Love, Englewood was “Friendly” or higherPage 64 of 559 How effectively does the concept portray information about businesses, services, & amenities? Conclusion: 4% more people indicated that Love, Englewood was “Effectively” or higherPage 65 of 559 How effectively would it support residents, employees, & visitors as they live, work, shop, move, learn, & play? Conclusion: 74% more people indicated that Love, Englewood was “Effectively” or higherPage 66 of 559 How well does the concept embody Englewood’s culture? Conclusion: Virtually the same number of people preferred the two concepts Page 67 of 559 How well does the concept honor Englewood’s past? Conclusion: 7% more people indicated that Wooded Nook was “Well” or higherPage 68 of 559 How well does the concept portray Englewood as contemporary and forward thinking? Conclusion: 8% more people indicated that Love, Englewood was “Well” or higherPage 69 of 559 How well does the concept encourage exploring by walking, biking, or transit? Conclusion: 5% more people indicated that Love, Englewood was “Well” or higher Page 70 of 559 How appropriate is the concept for the City of Englewood? Conclusion: 2.5% more people indicated that Wooded Nook concept was appropriate or higher than the Love, Englewood conceptPage 71 of 559 Responses by 18-24 year olds Conclusion: 4% preference for Love, Englewood (Note: one person didn’t score one question)Page 72 of 559 Responses by 25-34 year olds Conclusion: 4% preference for Love, EnglewoodPage 73 of 559 Responses by 35-44 year olds Conclusion: 13% preference for Love, EnglewoodPage 74 of 559 Responses by 45-54 year olds Conclusion: 5% preference for Love, EnglewoodPage 75 of 559 Responses by 55-64 year olds Conclusion: 10% preference for Wooded NookPage 76 of 559 Responses by 65 and over Conclusion: 14% preference for Wooded NookPage 77 of 559 Responses by those who didn’t provide their age Conclusion: 16% preference for Wooded NookPage 78 of 559 Responses by all ages combined Conclusion: Less than 3% preference for Love, Englewood –but remember that is based on the numbers of people who responded in each age categoriesPage 79 of 559 How welcoming is the concept? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers slightly more favorable than business owners of both concepts, but 78% and 79% of business owners felt concepts were welcoming (respectively)Page 80 of 559 How friendly is the concept? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 82% and 84% of business owners felt concepts were friendly (respectively)Page 81 of 559 How effectively does the concept portray information about businesses, services, & amenities? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 69% and 87% of business owners felt concepts were effective (respectively)Page 82 of 559 How effectively would the concept support residents, employees, & visitors as they live, work, shop, move, learn, and play? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 75% and 78% of business owners felt concepts were effective (respectively)Page 83 of 559 How well do the concepts embody Englewood’s culture? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 68% and 69% of business owners felt concepts were effective (respectively)Page 84 of 559 How well do the concepts honor Englewood’s past? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 55% and 61% of business owners felt concepts were effective (respectively)Page 85 of 559 How well do the concepts portray Englewood as a Contemporary and Forward-Thinking City? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 62% and 67% of business owners felt concepts were effective (respectively)Page 86 of 559 How well do the concepts encourage exploring by walking, biking, or transit? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: all groups preferred Love, Englewood over Wooded Nook Page 87 of 559 How appropriate are the concepts for the City of Englewood? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 69% and 67% of business owners felt concepts were appropriate (respectively)Page 88 of 559 Over -arching Conclusions •Both concepts were well received •Younger demographics (up to age 54) preferred Love, Englewood and older demographics (55 and older) preferred the Wooded Nook •Wooded Nook was preferred for honoring the past and being appropriate for Englewood •Love, Englewood was preferred for all other considerations •Residents and workers more favorable across the board than business owners Page 89 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Preferred concept from Task Force •Recommendations to City CouncilCONCEPT DISCUSSION CITY COUNCIL MEETINGPage 90 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Hampden east bound @ Santa Fe (bridge) •Hampden west bound @ Old Hampden •Dartmouth east bound @ Santa Fe (bridge) •Broadway south bound @ Yale •Broadway north bound @ Belleview (City limits begin @ W Rafferty Gardens) GATEWAY LOCATIONS CITY COUNCIL MEETINGPage 91 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETINGPage 92 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Medians •Seasonal banner program •Additional crosswalks •Painted sidewalks •Shared book libraries •Shared picnic areas •Landscaping •Wall murals •Spontaneous artwork •Homage to former historical sites like Alexander Aviation and Tuileries PLACEMAKING OPPORTUNITIES CITY COUNCIL MEETINGPage 93 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING JANUARY 4, 2021 THANK YOU!Page 94 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING JANUARY 4, 2021 Page 95 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING •Provide a summary of project efforts since meeting #3 •Share revised wayfinding concepts and placemaking ideas •Share data from public outreach survey •Provide the opportunity for the Task Force members to offer feedback on the preliminary wayfinding concepts and placemaking ideas and public outreach survey •Provide the opportunity for the Task Force members to brainstorm placemaking opportunities for inclusion in the final document •Agree on next steps for moving forward. MEETING OBJECTIVES Page 96 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 97 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 98 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 99 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 100 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 101 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 102 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 103 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 104 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 1: THE WOODED NOOK CITY COUNCIL MEETINGPage 105 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 106 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 107 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 108 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 109 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 110 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 111 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 112 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 113 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CONCEPT 2: LOVE, ENGLEWOOD CITY COUNCIL MEETINGPage 114 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Background information about wayfinding and placemaking •Information about each concept with accompanying graphics (same as this presentation) •11 questions (same for each concept) PUBLIC SURVEY - SURVEYMONKEY CITY COUNCIL MEETINGPage 115 of 559 Results of Community Survey Page 116 of 559 806 people started the Survey •Open from November 23 to December 15; first responses on November 30th –the Monday after Thanksgiving •About 80% completed all questions •According to Survey Monkey, average response time was 7 minutes Page 117 of 559 Age Distribution of Respondents Age Started Survey Number of Completed Surveys Non-Response Rate Proportion of Responses Under 18 1 0 100%0% 18-24 16 12 25%1.8% 25-34 233 194 17%29.4% 35-44 191 156 19%23.6% 45-54 116 96 17%14.5% 55-64 119 104 13%15.7% 65+115 90 22%13.7% Prefer not to say 15 9 40%1.4% All Ages 806 660 18%Page 118 of 559 Ethnic Distribution of Respondents Age Category White or Caucasian Hispanic or Latino Black or African American Asian or Asian American American Indian or Alaska Native Native Hawaiian or other Pacific Islander Two or More None of the Above Prefer not to Say 18-24 10 2 1 0 2 1 0 25-34 196 12 1 4 2 1 9 1 9 35-44 163 5 4 2 6 1 8 45-54 96 6 1 4 1 5 1 6 55-64 95 4 1 1 1 13 65+102 3 2 1 7 Prefer not to Say 3 13 Subtotal 665 32 3 11 8 4 22 5 56Page 119 of 559 Who participated in the survey?Page 120 of 559 Who were the “others“?” •Born in Englewood •I live across the street from Englewood and use parks •I lived in Englewood for 21 years and recently moved to Denver •I shop in Englewood •I travel through Englewood nearly everyday 👽👽👽👽Page 121 of 559 Ten questions asked about each of the design concepts •How welcoming does the concept feel? •How friendly does it feel? •How effectively does it portray information about Englewood's businesses, services, and amenities? •How effectively would it support residents, employees, and visitors as they live, work, shop, move, learn, and play? •How well does it embody Englewood's culture? •How well does it honor Englewood's past? •How well does it portray Englewood as a contemporary and forward-thinking city? •How well does it encourage exploring Englewood by walking, biking, or transit? •How appropriate is it for the City of Englewood? •Other comments?Page 122 of 559 How welcoming is the concept? 0 50 100 150 200 250 Very Welcoming Moderately Welcoming Welcoming Minimally Welcoming Not Welcoming How Welcoming is the Love, Englewood Concept? (by response) 18-24 25-34 35-44 45-54 55-64 65+Prefer not to SayConclusion: 3% more people indicated that Love, Englewood was “Welcoming” or higherPage 123 of 559 How friendly is the concept? Conclusion: 2% more people indicated that Love, Englewood was “Friendly” or higherPage 124 of 559 How effectively does the concept portray information about businesses, services, & amenities? Conclusion: 4% more people indicated that Love, Englewood was “Effectively” or higherPage 125 of 559 How effectively would it support residents, employees, & visitors as they live, work, shop, move, learn, & play? Conclusion: 74% more people indicated that Love, Englewood was “Effectively” or higherPage 126 of 559 How well does the concept embody Englewood’s culture? Conclusion: Virtually the same number of people preferred the two concepts Page 127 of 559 How well does the concept honor Englewood’s past? Conclusion: 7% more people indicated that Wooded Nook was “Well” or higherPage 128 of 559 How well does the concept portray Englewood as contemporary and forward thinking? Conclusion: 8% more people indicated that Love, Englewood was “Well” or higherPage 129 of 559 How well does the concept encourage exploring by walking, biking, or transit? Conclusion: 5% more people indicated that Love, Englewood was “Well” or higherPage 130 of 559 How appropriate is the concept for the City of Englewood? Conclusion: 2.5% more people indicated that Wooded Nook concept was appropriate or higher than the Love, Englewood conceptPage 131 of 559 Responses by 18-24 year olds Conclusion: 4% preference for Love, Englewood (Note: one person didn’t score one question)Page 132 of 559 Responses by 25-34 year olds Conclusion: 4% preference for Love, EnglewoodPage 133 of 559 Responses by 35-44 year olds Conclusion: 13% preference for Love, EnglewoodPage 134 of 559 Responses by 45-54 year olds Conclusion: 5% preference for Love, EnglewoodPage 135 of 559 Responses by 55-64 year olds Conclusion: 10% preference for Wooded NookPage 136 of 559 Responses by 65 and over Conclusion: 14% preference for Wooded NookPage 137 of 559 Responses by those who didn’t provide their age Conclusion: 16% preference for Wooded NookPage 138 of 559 Responses by all ages combined Conclusion: Less than 3% preference for Love, Englewood –but remember that is based on the numbers of people who responded in each age categoriesPage 139 of 559 How welcoming is the concept? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers slightly more favorable than business owners of both concepts, but 78% and 79% of business owners felt concepts were welcoming (respectively)Page 140 of 559 How friendly is the concept? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 82% and 84% of business owners felt concepts were friendly (respectively)Page 141 of 559 How effectively does the concept portray information about businesses, services, & amenities? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 69% and 87% of business owners felt concepts were effective (respectively)Page 142 of 559 How effectively would the concept support residents, employees, & visitors as they live, work, shop, move, learn, and play? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 75% and 78% of business owners felt concepts were effective (respectively)Page 143 of 559 How well do the concepts embody Englewood’s culture? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 68% and 69% of business owners felt concepts were effective (respectively)Page 144 of 559 How well do the concepts honor Englewood’s past? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 55% and 61% of business owners felt concepts were effective (respectively)Page 145 of 559 How well do the concepts portray Englewood as a Contemporary and Forward-Thinking City? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 62% and 67% of business owners felt concepts were effective (respectively)Page 146 of 559 How well do the concepts encourage exploring by walking, biking, or transit? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: all groups preferred Love, Englewood over Wooded Nook Page 147 of 559 How appropriate are the concepts for the City of Englewood? Comparison of Residents, Workers, Business Owners, Visitors, and Others Conclusion: residents and workers more favorable than business owners of both concepts, but 69% and 67% of business owners felt concepts were appropriate (respectively)Page 148 of 559 Over -arching Conclusions •Both concepts were well received •Younger demographics (up to age 54) preferred Love, Englewood and older demographics (55 and older) preferred the Wooded Nook •Wooded Nook was preferred for honoring the past and being appropriate for Englewood •Love, Englewood was preferred for all other considerations •Residents and workers more favorable across the board than business owners Page 149 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Preferred concept from Task Force •Recommendations to City CouncilCONCEPT DISCUSSION CITY COUNCIL MEETINGPage 150 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Hampden east bound @ Santa Fe (bridge) •Hampden west bound @ Old Hampden •Dartmouth east bound @ Santa Fe (bridge) •Broadway south bound @ Yale •Broadway north bound @ Belleview (City limits begin @ W Rafferty Gardens) GATEWAY LOCATIONS CITY COUNCIL MEETINGPage 151 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETINGPage 152 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING •Medians •Seasonal banner program •Additional crosswalks •Painted sidewalks •Shared book libraries •Shared picnic areas •Landscaping •Wall murals •Spontaneous artwork •Homage to former historical sites like Alexander Aviation and Tuileries PLACEMAKING OPPORTUNITIES CITY COUNCIL MEETINGPage 153 of 559 CITY OF ENGLEWOOD WAYFINDING & PLACEMAKING CITY COUNCIL MEETING JANUARY 4, 2021 THANK YOU!Page 154 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Ronda Henger DEPARTMENT: Human Resources DATE: January 4, 2021 SUBJECT: Gov HR Proposal Review for City Attorney Search DESCRIPTION: Gov HR Proposal Review RECOMMENDATION: Human Resources recommends using GovHR for this recruitment process. The City has utilized the services of GovHR for the City Manager in 2019 and the Finance Director in 2020. PREVIOUS COUNCIL ACTION: During the December 14 Council meeting, Councilmember asked for a proposal from GovHR. SUMMARY: GovHR is a public management consulting firm serving local government clients and other public-sector entities across the country. The recruitment process includes the following: 1. One-on-one or group interviews will be conducted with stakeholders to assess the position. 2. Development of a Position Announcement to be placed on websites and social media. 3. Development of a thorough Recruitment Brochure for client review and approval. 4. Advertising through social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. 5. Identify and contact potential candidates in person, via email or telephone. 6. Review and evaluation of candidates’ credentials and conduct background screening. 7. Preparation of a Recruitment Report presenting the credentials of those candidates most qualified for the position. 8. Development of first and second round interview questions. 9. Interview books that include: candidates credentials, set of interview questions, and evaluation sheets to assist interviewers in assessing the candidate’s skills and abilities. 10. Assistance with salary and benefit negotiations and drafting of an employment agreement. 11. Appointment of candidate. ANALYSIS: Page 155 of 559 Weeks 1 & 2 Phase 1: On Site Interviews & Brochure Development Weeks 3 - 6 Phase 2: Advertising, Candidate Recruitment & Outreach Weeks 7 & 8 Phase 3: Candidate Evaluation & Background Screening Week 9 Phase 4: Presentation of Recommended Candidates Week 10 Phase 5: Interview Process & Additional Background Screening Weeks 11 & 12 Phase 6: Appointment of Candidate FINANCIAL IMPLICATIONS: Recruitment Fee: $16,500 Recruitment Expenses: $1,500 Advertising: $2,500 Total: $20,500 ALTERNATIVES: If GovHR is not selected, we will need to begin the Procurement process to release an RFP for another firm. Council or consider using Englewood HR to post the job. CONCLUSION: Director of Human Resources will be present to discuss the proposal from Gov HR and answer any questions. ATTACHMENTS: Page 156 of 559 GovHR Proposal, City Attorney job description Page 157 of 559 City of Englewood, Colorado City Attorney Recruitment Proposal December 21, 2020 630 Dundee Road Suite 130 Northbrook, IL 60062 847-380-3240 info@GovHRusa.com Page 158 of 559 2 City of Englewood, Colorado – City Attorney Recruitment Table of Contents About Us _______________________________________________ 3 Our Team ______________________________________________ 4 References _____________________________________________ 5 Scope of Services ________________________________________ 6 Project Timeline _________________________________________ 10 Full Scope Recruitment Cost of Services _____________________ 11 Limited Scope Recruitment Cost of Services __________________ 13 Summary of Guarantee____________________________________ 14 Contract Signature Page___________________________________ 15 Optional Assessment Center________________________________ 16 Optional Services_________________________________________ 17 Consultant Full Biography__________________________________ 18 Page 159 of 559 3 City of Englewood, Colorado – City Attorney Recruitment About Us GovHR is a public management consulting firm serving local government clients and other public-sector entities across the country. Our headquarters are in Northbrook, Illinois. We are a certified Female Business Enterprise in the State of Illinois and work exclusively in the public and non-profit sectors. GovHR offers customized executive recruitment services, management studies and consulting projects for local government and organizations who work with local government. Please note the following key qualifications of our firm: Since our establishment in 2009, our consultants have conducted more than 700 recruitments in 38 states, with an increase in business of at least 30% each year. Twenty-eight (28%) of our clients are repeat clients, the best indicator of satisfaction with our services. Surveys of our clients show that 94% rate their overall experience with our firm as Outstanding and indicate they plan to use our services or highly recommend us in the future. Our state of the art processes, including extensive use of social media for candidate outreach and video interviews with potential finalist candidates, ensure a successful recruitment for your organization. Our high quality, thorough recruitment brochure reflects the knowledge we will have about your community and your organization and will provide important information to potential candidates. We are committed to providing you with a pool of candidates that reflects the diversity of your community. We support the following organizations with our time as well as provide financial resources: National Forum for Black Public Administrators, Local Government Hispanic Network, League of Women in Government and Engaging Local Government Leaders. About the Owners GovHR is led by Heidi Voorhees, President, and Joellen Cademartori, Chief Executive Officer. Ms. Voorhees has conducted more than 250 recruitments in her management consulting career, with many of her clients repeat clients, attesting to the high quality of work performed for them. In addition to her 17 years of executive recruitment and management consulting experience, Ms. Voorhees has 19 years of local government leadership and management service, including ten years as the Village Manager for the Village of Wilmette, Illinois. Ms. Cademartori is a seasoned manager, with expertise in public sector human resources management. She has held positions from Human Resources Director and Administrative Services Director to Assistant Town Manager and Assistant County Manager. Ms. Cademartori has worked in forms of government ranging from Open Town Meeting to Council-Manager and has supervised all municipal and county departments ranging from Public Safety and Public Works to Mental Health and Social Services. She has worked in Massachusetts, North Carolina, and Illinois. A note about COVID-19 -- We are carefully monitoring recommendations from the federal, state and local governments and working with clients as they begin to reopen. Before COVID we made extensive use of technology for video interviews with candidates and meetings with clients. We have utilized these during COVID and can combine technology with appropriate in person meetings to assist clients in cost effective recruiting processes. Page 160 of 559 4 City of Englewood, Colorado – City Attorney Recruitment Our Team Recruitment Consultant & Main Point of Contact: Heidi J. Voorhees President 847-380-3243 HVoorhees@GovHRusa.com Charlene Stevens Senior Vice President 224-282-8314 CStevens@GovHRusa.com Proposal Inquiry: Laurie Pederson Administrative Services Director 847-380-3198 LPederson@GovHRusa.com GovHR Owners: Heidi J. Voorhees President 847-380-3243 HVoorhees@GovHRusa.com Joellen J. Cademartori Chief Executive Officer 847-380-3239 JCademartori@GovHRusa.com Page 161 of 559 5 City of Englewood, Colorado – City Attorney Recruitment References The following references can speak to the quality of service provided by GovHR. _____________________________________ Jackson, Michigan Mayor Derek Dobies 1011 S. Thompson St. Jackson, MI 49203 517-499-6647 ddobies@cityofjackson.org Recruitments conducted: City Attorney, 2020 Bethel, Alaska Lori Strickler, CMC City Clerk, City of Bethel 300 Chief Eddie Hoffman Highway Bethel, AK 99559 907-543-1384 lstrickler@cityofbethel.net Recruitments conducted: City Manager, 2020 City Attorney, 2020 Wellington, Colorado Kelly Houghteling, Interim Town Administrator 3735 Cleveland Ave. Wellington, CO 80549 970-568-935 Houghkm@wellingtoncolorado.gov Recruitments conducted: Finance Director, 2020 _____________________________________ Page 162 of 559 6 City of Englewood, Colorado – City Attorney Recruitment Scope of Services – Full Scope Recruitment A typical recruitment and selection process takes approximately 175 hours to conduct. At least 50 hours of this time is administrative, including advertisement placement, reference interviews, and due diligence on candidates. We believe our experience and ability to professionally administer your recruitment will provide you with a diverse pool of highly qualified candidates for your position search. GovHR clients are informed of the progress of their recruitment throughout the entire process. We are always available by mobile phone or email should you have a question or need information about the recruitment. Phase I: Position Assessment, Position Announcement & Brochure One-on-one or group interviews will be conducted with stakeholders identified by the client to develop the Recruitment Brochure. We have a variety of other options for gathering input: Dedicated email and surveys to obtain feedback from stakeholder groups Public Forums conducted by our consultants A combination of the above items can be used to fully understand community and organizational needs and expectations for the position. Development of a Position Announcement to be placed on websites and social media Development of a thorough Recruitment Brochure for client review and approval Agreement on a detailed Recruitment Timetable – a typical recruitment takes between 90 to 120 days from the time you sign the contract to appointment of the finalist candidate. Phase II: Advertising, Candidate Recruitment & Outreach We make extensive use of social media as well as traditional outreach methods to ensure a diverse and highly qualified pool of candidates. In addition, our website is well known in the local government industry – we typically have 6,000 visits to our website each month. Finally, we develop a database customized to your recruitment and can do an email blast to thousands of potential candidates. Phase II will include the following: GovHR consultants will personally identify and contact potential candidates in person, via email, and also via telephone. Develop a database of potential candidates from across the country unique to the position and to the client, focusing on: Leadership and management skills Size of organization Experience in addressing challenges and opportunities also outlined in Phase I The database will range from several hundred to thousands of names and an email blast will be sent to each potential candidate. Page 163 of 559 7 City of Englewood, Colorado – City Attorney Recruitment Scope of Services - Continued Placement of the Position Announcement in appropriate professional online publications: Public sector publications & websites Social media LinkedIn (over 15,000 connections) Facebook Twitter Instagram GovHR will provide you with a list of advertising options for approval PHASE III: Candidate Evaluation & Screening Phase III will include the following steps: Review and evaluation of candidates’ credentials considering the criteria outlined in the Recruitment Brochure Candidates will be narrowed down to those candidates that meet the qualification criteria Candidate evaluation process: o Completion of a questionnaire explaining prior work experience o Live Video Interview (45 minutes to 1 hour) conducted by consultant with each finalist candidate o References (at least 2 references per candidate will be contacted at this time) o Internet/Social Media search conducted on each finalist candidate All résumés will be acknowledged and inquiries from candidates will be personally handled by GovHR, ensuring that the client’s process is professional and well regarded by all who participate. Phase IV: Presentation of Recommended Candidates Phase IV will include the following steps: GovHR will prepare a Recruitment Report presenting the credentials of those candidates most qualified for the position. GovHR will provide an electronic file which contains the candidates’ materials along with a “mini” résumé for each candidate so that each candidate’s credentials are presented in a uniform way. Client will receive a log of all applicants and may review résumés if requested. Report will arrive in advance of the Recruitment Report Presentation. GovHR will spend approximately 2 hours with the client reviewing the recruitment report and providing additional information on the candidates. Page 164 of 559 8 City of Englewood, Colorado – City Attorney Recruitment Scope of Services - Continued Phase V: Interviewing Process & Background Screening Phase V will include the following steps: GovHR will: Develop the first and second round interview questions for your review and comment Coordinate candidate travel and accommodations Provide you with interview books that include: Candidates Credentials Set of questions with room for interviewers to make notes Evaluation sheets to assist interviewers in assessing the candidate’s skills and abilities Background screening* will be conducted along with additional references contacted: *Per state and federal regulations GovHR will work with you to develop an interview schedule for the candidates, coordinating travel and accommodations. GovHR consultants, if requested, will be present for all the interviews, serving as a resource and facilitator. GovHR will coordinate a 2-Step Interview process. The first round interviews will include five or six candidates. The second round interviews will include two or three candidates. GovHR will supply interview questions and an evaluation form. In addition to a structured interview, the schedule can incorporate: Tour of client facilities Interviews with senior staff Background Screening Process Page 165 of 559 9 City of Englewood, Colorado – City Attorney Recruitment Scope of Services - Continued Phase VI: Appointment of Candidate GovHR will assist you as much as you request with the salary and benefit negotiations and drafting of an employment agreement, if appropriate. GovHR will notify all applicants of the final appointment, providing professional background information on the successful candidate. Page 166 of 559 10 City of Englewood, Colorado – City Attorney Recruitment Project Timeline Week 1 Week 2 Week 3 Week 4 Week 5 Week 6 Week 7 Week 8 Week 9 Week 10 Week 11 Week 12 Weeks 1 & 2 Phase 1: On Site Interviews & Brochure Development Weeks 3 thru 6 Phase 2: Advertising, Candidate Recruitment & Outreach Weeks 7 & 8 Phase 3: Candidate Evaluation & Background Screening Week 9 Phase 4: Presentation of Recommended Candidates Week 10 Phase 5: Interview Process & Additional Background Screening Weeks 11 & 12 Phase 6: Appointment of Candidate Phase I Phase III Phase IV Phase V Phase VI Phase II Page 167 of 559 11 City of Englewood, Colorado – City Attorney Recruitment Full Scope Recruitment – Price Proposal Summary of Costs: We are carefully monitoring recommendations from the federal, state and local governments and working with clients on alternatives to in person meetings. We are fully operational and can work with you via video and by utilizing electronic files. If at the time of recruitment, COVID-19 restrictions are lifted and travel is possible, we are happy to attend meetings in person. For this reason, we have priced travel as a separate expense. **Consultant travel expenses are not included in the price proposal. If the consultant is requested to travel to the client, $1,500 per trip (up to 3 trips) for travel will be charged. Possible in-person meetings could include: 1. Recruitment brochure interview process 2. Presentation of recommended candidates 3. Interview Process Any additional consultant visits requested by the Client (beyond the three visits listed above) will be billed at $125/hour; $500 for a half day and $950 for a full day. The additional visits may also result in an increase in the travel expenses and those expenses will be billed to the client. Payments for Fees & Services: Professional fees and expenses will be invoiced as follows: 1st Payment: 1/3 of the Recruitment Fee (invoice sent upon acceptance of our proposal). 2nd Payment: 1/3 of the Recruitment Fee and expenses incurred to date (invoice sent following the recommendation of candidates). Final Payment: 1/3 of the Recruitment Fee and all remaining expenses (invoice sent after recruitment is completed). Payment of invoices is due within thirty (30) days of receipt. Recruitment Fee: $16,500 ____________________________ Recruitment Expenses: Expenses include candidate due diligence efforts $1,500 ____________________________ Advertising: *Advertising costs over $2,500 will be placed only with client approval. Client is billed only for actual cost. $2,500* _____________________________ Total: $20,500** **This fee does not include travel and accommodations for candidates interviewed. Page 168 of 559 12 City of Englewood, Colorado – City Attorney Recruitment Limited Scope Recruitment Summary of Services: GovHR offers Clients a "Limited Scope" recruitment process, designed for clients who require only partial assistance with a recruitment. The first several components of a Limited Scope Recruitment Process and a Full Recruitment and Selection Process are similar. The consultant will: Meet with employees and other stakeholders Develop and place the position announcement on websites and on social media outlets Conduct outreach for candidates via personal and electronic contacts Review all resumes for fit for position Conduct video interviews. Complete two references for each finalist candidate Prepare an electronic Recruitment Portfolio that includes the information on the recommended candidates. This will be provided to the client a few days in advance of a candidate presentation meeting. At this point in the Limited Scope Recruitment process, GovHR involvement will be complete. The key differences between the Limited Scope Recruitment Process and the Full Recruitment and Selection Process are: A Recruitment Flyer, instead of a full Brochure, will be prepared for the Limited Scope Recruitment. This flyer will be distributed as a .pdf file. GovHR will not conduct background investigations (court, credit, motor vehicle records checks, etc.) GovHR will not offer any guarantee regarding the selection and tenure of the candidates. GovHR will bill the client immediately after presentation of candidates and will not redo the recruitment and selection process if the Client is unsuccessful in hiring someone from the group of recommended candidates. Development of interview questions, second interview questions, and assistance with contract negotiations will be the responsibility of the client. Page 169 of 559 13 City of Englewood, Colorado – City Attorney Recruitment Limited Scope Recruitment – Price Proposal Summary of Costs: We are carefully monitoring recommendations from the federal, state and local governments and working with clients on alternatives to in person meetings. We are fully operational and can work with you via video and by utilizing electronic files. If at the time of recruitment, COVID-19 restrictions are lifted and travel is possible, we are happy to attend meetings in person. For this reason, we have priced travel as a separate expense. **Consultant travel expenses are not included in the price proposal. If the consultant is requested to travel to the client, $1,500 per trip (up to 2 trips) for travel will be charged. Possible in-person meetings could include: 1. Recruitment flyer interview process 2. Presentation of recommended candidates. Any additional consultant visits requested by the client will be billed at $125/hour; $500 for a half day and $950 for a full day. The additional visits may also result in an increase in travel expenses and those expenses will be billed to the client. Payments for Fees & Services Professional fees and expenses will be invoiced as follows: 1st Payment: 1/2 of the Recruitment Fee (invoice sent upon acceptance of our proposal). Final Payment: 1/2 of the Recruitment Fee and expenses incurred (invoice sent following the recommendation of candidates). Payment of invoices is due within thirty (30) days of receipt. Recruitment Fee: $15,000 ____________________________ Advertising: *Advertising costs over $2,500 will be placed only with client approval. Client is billed only for actual cost. $2,500* _____________________________ Total: $17,500** Page 170 of 559 14 City of Englewood, Colorado – City Attorney Recruitment Guarantee GovHR Guarantee GovHR is committed to assisting our clients until a candidate is appointed to the position. Therefore, no additional professional fee will be incurred if the client does not make a selection from the initial group of recommended candidates and requests additional candidates be developed for interview consideration. If additional advertising beyond the Phase I advertising is requested, client will be billed for actual advertising charges. Reimbursable expenses may be incurred should the recruitment process require consultant travel to the Client. Upon appointment of a candidate, GovHR provides the following guarantee: should the selected and appointed candidate, at the request of the client or the employee’s own determination, leave the employ of the client within the first 12 months of appointment, we will, if desired, conduct one additional recruitment for the cost of expenses and advertisements only. This request must be made within six months of the employee’s departure. Why Choose GovHR? We are a leader in the field of local government recruitment and selection with experience in more than 38 states, in communities ranging in population from 1,000 to 1,000,000. More than 28% of our clients are repeat clients showing a high level of satisfaction with our work. We encourage you to call any of our previous clients. We are committed to bringing a diverse pool of candidates to your recruitment process. We network extensively with state, city and county management associations, attending more than 20 state and national conferences each year. In addition, we support and attend the meetings of League of Women in Government, the Local Government Hispanic Network, National Forum for Black Public Administrators and Engaging Local Government Leaders. We conduct comprehensive due diligence on candidates. Before we recommend a candidate to you, we will have interview them via video, conducted reference calls, and media and social media searches. Our knowledge of local government ensures that we can ask probing questions that will verify their expertise. We are your partners in this important process. You are welcome to review all the resumes we receive and we will share our honest assessment of the candidates. Our goal is your complete satisfaction. We are committed to working with you until you find the candidate that is the best fit for your position. Page 171 of 559 15 City of Englewood, Colorado – City Attorney Recruitment Signature Page We believe we have provided you with a comprehensive proposal; however, if you would like a service that you do not see in our proposal, please let us know. We can most likely accommodate your request. This proposal will remain in effect for a period of six months from the date of the proposal. We look forward to working with you on this recruitment and selection process! Client Name/Organization___________________________________________________________ Client Contact Name/Position _________________________________________________________ Signature ___________________________________________________________________________ Date ______________________ Billing Contact _____________________________________________________________________ Billing Contact Email ________________________________________________________________ PLEASE SELECT ONE: Full Recruitment Service Limited Recruitment Service Page 172 of 559 16 City of Englewood, Colorado – City Attorney Recruitment Optional Assessment Center If requested, GovHR will perform an Assessment Center for candidates selected for interview as part of the selection process. An Assessment Center is a useful tool for identifying and evaluating the strengths, areas for improvement, skills, and abilities of the candidates. GovHR consultants will prepare all the related documents and scoring sheets for any three (3) of the following exercises to be completed on the Assessment Center day: ♦ In-Basket Exercise ♦ Written/Oral Presentation Exercise ♦ Leaderless Group Exercise ♦ Structured Interview ♦ Budget Analysis Exercise ♦ Personnel Issues Exercise ♦ Other exercise of the Client’s choosing Optional Assessment Center Fee: $7,500* *The fee assumes that the Assessment Center will be held on one day and be limited to no more than five candidates. For each additional candidate, the fee will increase by $750. The fee includes the preparation of the Assessment Center material and a written report outlining the findings of the Assessment Center as reported by the Assessors. We will assist the client in selecting three (3) professionals from outside the organization to serve as Assessors in evaluating each candidate’s strengths and weaknesses. The client will be responsible for paying a $500 stipend to each Assessor (and possible mileage or other transportation costs for the assessors). The Assessment Center fee does not include lodging, travel and meal expenses for the GovHR facilitator(s) to be on-site for the Assessment Center. Actual expenses will be billed in addition to the fee. If the client chooses to add the Assessment Center option, the fees and expenses for this will be billed separately. Page 173 of 559 17 City of Englewood, Colorado – City Attorney Recruitment Optional Services GovTemps USA Need an Interim? GovTempsUSA, a subsidiary of GovHR USA, specializes in the temporary placement of positions in local government. The firm offers short-term assignments, in addition to long-term and outsourced arrangements. Our placement professionals at GovTempsUSA have typically enjoyed distinguished careers in local government and displayed a commitment to public service throughout their career. Recorded One-Way Video Interview of Candidates Candidates we recommend for your consideration can complete a one way video interview with 3 to 5 questions that will be recorded and which you can review electronically at your convenience. This can occur prior to making your decision on which candidates to invite for an interview. Cost $100 per candidate. Leadership/Personality Testing GovHR has experience working with a wide variety of leadership and personality assessment tools, depending on the qualities and experiences the client is seeking in their candidates. These include but are not limited to Luminaspark, Caliper, DISC and others. Depending on the evaluation type selected fees can range between $100 to $500 per candidate. 360° Evaluation As a service to the Client, we offer the option to provide you with a proposal for a 360° performance evaluation for the appointed position at six months into his or her employment. This evaluation will include seeking feedback from both elected officials and department directors, along with any other stakeholder the Client feels would be relevant and beneficial. This input will be obtained on a confidential basis with comments known only to the consultant. If you are interested in this option, GovHR will prepare a proposal for this service. Page 174 of 559 HEIDI VOORHEES Heidi Voorhees is the president and co-owner of GovHR USA. Heidi has more than 30 years of experience working in and with local governments, serving as both a municipal leader and partner. Heidi’s exceptional communication style and lasting relationships have positioned her as a widely - respected leader in her field across the U.S. Executive searches conducted by Heidi for GovHR USA are uniquely tailored around clients’ needs and the culture of the organization. Results are achieved through consensus-building and decision making in partnership with a wide range of community leaders includ ed in the process. This in-depth and thorough consulting method sets Heidi apart from others in her industry; she leads executive talent s earches that expertly identify individuals with the necessary skillsets and who provide a strong match for core values of the organization . Heidi is extremely passionate about her commitment to advancing women and minorities in local government, which is also a str ong emphasis of GovHR USA. She believes in conducting extensive outreach in the search for talented individuals which results in highly qualified candidates from all backgrounds. PROFESSIONAL EDUCATION • Bachelor of Science degree in Political Science, Illinois State University, IL • Master’s degree in Public Affairs from the School of Public and Environmental Affairs, Indiana University, IN PROFESSIONAL DEVELOPMENT AND SPEAKING ENGAGEMENTS • Trainer/Speaker on Recruitment Selection: Legacy Project Annual Conference, International City and County Management Association annual conference, Illinois City and County Management Association (ILCMA) conference, Wisconsin City and County Management Association conference, Michigan Municipal Executives, Ohio City and County Management Association, American Public Works Association–Chicago Metro Chapter, Illinois Association of Municipal Management Assistants, Northern Illinois University Civic Leadership Program, and Great Lakes Leadership Academy • Former Adjunct Instructor: Center for Public Safety, Northwestern University Campus • Former Instructor: Master’s Degree Program in Public Policy and Administration, Northwestern University • Former Trainer: Executive Management Program on Management, Community Relations, and Organizational Culture for Law Enforcement MEMBERSHIPS AND AFFILIATIONS • Co-founder of The Legacy Project, an organization dedicated to advancing women in Illinois local government • Chicago Metropolitan Managers’ Association, Past Board Member • Illinois City and County Management Association (ILCMA), Past Board Member • International City and County Management Association (ICMA), Member • Leadership Greater Chicago Program, Past Participant • Active Rotarian for 26 years, Charter Member for Wilmette Harbor Rotary PROFESSIONAL BACKGROUND 19 Years of Local Government Leadership and Management • Village Manager, Village of Wilmette, IL 1990-2001 • Assistant Village Manager, Village of Wilmette, IL 1986-1990 • Assistant to the Village Manager, Village of Schaumburg, IL 1984-1986 • Budget Analyst, City of Kansas City, MO 1983-1984 • Cookingham-Noll Fellow, City of Kansas City, MO 1982-1983 P: 847.380.3240 www.govhrusa.com Page 175 of 559 CHARLENE STEVENS Ms. Stevens has over twenty years of experience in municipal management. Ms. Stevens has worked in both county and city government and her career covers work in urban, suburban and rural communities. Her career has spanned three states: Minnesota, Kansas and Pennsylvania. Ms. Stevens has expertise in community and civic engagement, having started her career in neighborhood services and led community wide visioning and strategic planning efforts for two different communities. Ms. Stevens’ strength is her ability to develop strong partnerships with multiple and diverse stakeholders. Through those partnerships, Ms. Stevens helps communities develop consensus and achievable plans. Ms. Stevens’ results-oriented management has included projects that have expanded parks and preserved greenspace in rapidly developing communities, developed a workforce training center for a large urban county, led downtown development plans for two communities and created mentoring and training programs for city staff. Ms. Stevens has appreciated the opportunity to mentor many young pro fessionals, including helping to establish women’s mentoring groups in three different communities. PROFESSIONAL EDUCATION • Master of Public Administration, University of Kansas, Lawrence, Kansas • Bachelor of Arts, International Relations, Pomona College, Claremont, California • Leadership Wichita Graduate PROFESSIONAL DEVELOPMENT AND SPEAKING ENGAGEMENTS • Instructor, International City and County Management Association (ICMA), Emerging Leaders Development Program • Instructor, ICMA Mid-Career Institute MEMBERSHIPS AND AFFILIATIONS • International City and County Management Association (ICMA) – Current Member • ICMA Task Force on Welcoming New Members - Chair, 2009 - 2015 • ICMA Task Force on Women in the Profession - Member 2012-2014 • ICMA Regional Vice President - ICMA Executive Board Member, 2003 - 2006 • ICMA Committee of Professional Conduct - Chair, 2006 • ICMA Conference Host Committee - Co Chair, 2002 • ICMA Conference Planning Committee - Member, 2001 and 2002 • ICMA Task Force on Small Communities - Member, 1999-2001 • League of Minnesota Cities (LMC) - Board Member, 2013 - 2015 • Coalition of Greater Minnesota Cities (CGMC) - Board Member, 2011 - 2015 • Minnesota City and County Management Association (MCMA) - Current Member • MCMA Task Force on Women in the Profession - Current Member • YMCA of Woodbury Community Board - Current Member and Board Vice Chair • KUCIMAT President - University of Kansas, 2013 - 2014 • Willmar Area Rotary, 2011 - 2015 • Kansas Association of City and County Managers (KACM) - Member, 2006 - 2011 • Association of Pennsylvania Municipal Managers (APMM) - Member, 1997 - 2006 PROFESSIONAL BACKGROUND Over 20 Years of Local Government Leadership and Management Experience • City Administrator, Cottage Grove, MN 2015-2018 • City Administrator, Willmar, MN 2011-2015 • Assistant County Manager, Sedgwick County, KS 2006-2011 • Assistant Township Manager, Lower Gwynedd, PA 1999-2006 • Assistant Township Manager, Buckingham, PA 1997-1999 • Neighborhood Assistant, City of Wichita, KS 1995-1996 P: 847.380.3240 www.govhrusa.com Page 176 of 559 1 CITY OF ENGLEWOOD POSITION DESCRIPTION I. POSITION SUMMARY The Council shall appoint a City Attorney who shall be the legal representative of the City and who shall advise the Council and City Officials in the matters relating to their official powers and duties. II. REPORTING RELATIONSHIPS Reports to: City Council Direct Reports: Staff of City Attorney’s Office III. DUTIES AND RESPONSIBILITIES The listed examples of work are not intended to be all-inclusive. They may be modified with additions, deletions, or changes as necessary. Essential Duties & Responsibilities 1. The City Attorney shall represent the City in all legal proceedings. 2. The City Attorney shall supervise the drafting of all ordinances and the preparation of all other legal documents. 3. The City Attorney shall attend all Council meetings and shall perform all services incident to the position as may be required by the Charter or Ordinances of the City. 4. The Council may authorize the City Attorney to settle claims against the City and make appropriations therefor. POSITION TITLE: City Attorney DEPARTMENT: City Attorney’s Office DIVISION: DATE EFFECTIVE: January 1, 2021 DATE REVIEWED: December 2020 FLSA CLASSIFICATION: Exempt EMPLOYEE GROUP: Executive WC CODE:EEO CODE: Page 177 of 559 City Attorney 2 Other Duties & Responsibilities Performs other duties as assigned and required. IV. PREPARATION AND TRAINING Education: Juris Doctor from an accredited law school. Work Experience: 5+ years’ experience in the active practice of law. 5+ years’ experience in local government law is preferred Litigation experience is preferred Prosecution experience is preferred Certifications and/or Licensures: Member in Good Standing of the Colorado Bar Required Driver's License: Valid Colorado Driver’s License V. KNOWLEDGE, SKILLS, AND ABILITIES Knowledge Thorough knowledge of laws, regulations, and statutory obligations for municipalities in the State of Colorado, and of the City Charter of the City of Englewood. Knowledge of modern policies and practices of public administration. Thorough knowledge of the role of the municipal court within the Community, including restorative justice principles, community policing, and community prosecution. Working knowledge of municipal finance, human resources, public works, public safety, community development, and zoning. Knowledge of structure, functions, operations, policies and procedures of municipal administration. Knowledge and experience writing standard government documents, including ordinances, resolutions, contracts, codes, intergovernmental agreements, and internal policies. Intermediate knowledge of Microsoft Office Suite Knowledge of standard office equipment including copiers, computers, printers and tape recorders. Skills and Abilities Ability to work in a confidential manner with the City Council, and all agents or employees of the City as directed. Ability to communicate effectively both verbally and in writing with employees, city officials and the public. Strong analytical, leadership and interpersonal skills. Page 178 of 559 City Attorney 3 Skill in using Word, Excel and PowerPoint Ability to effectively supervise subordinate attorneys and office staff. Ability to skillfully represent the City in court at the State and local level, or in administrative hearings associated with municipal court matters. Skilled in legal writing and research, and online legal research. Ability to read, analyze and interpret complex legal documents. Ability to respond effectively to sensitive inquiries or complaints. Ability and willingness to attend evening and/or weekend meetings. Ability to exercise judgment in selecting the most pertinent guidelines in order to interpret precedents, adapt standard practices to differing situations, and recommend alternative actions in unprecedented situations. Ability to monitor developments in the law for potential impact upon functions of municipal government and advise accordingly. Ability to perform work in an accurate and efficient manner without supervision. Must be able to work in a fast-paced, team-oriented environment. Requires the ability to work accurately and efficiently with frequent interruptions. Must possess a high degree of confidentiality. Charter Mandated Responsibilities Attend all meetings of the City Council Advise the City Council in matters relating to lawfully fulfilling their official powers and duties. Advise City Officials in matters relating to lawfully fulfilling their official powers and duties. o City Manager o Deputy City Manager o Ten Department Directors Represent the City in all legal proceedings, including instituting or defending any suit, action or proceeding on behalf of the City or any of its agencies. Supervise the drafting of all ordinances. Supervise the preparation of all IGA’s, RFP’s, leases, and any other legal documents associated with the City. Key Responsibilities Provide legal advice and advice on parliamentary matters at meetings of the City Council. Prepare and submit to City Council litigation reports as may be required by that body or as the City attorney may deem it advisable to submit. Page 179 of 559 City Attorney 4 Prepare and submit responses to City Council requests as may be required by that body. Direct and advise outside counsel retained to address matters of labor law (employee association matters). Direct and advise outside counsel retained to support water rights. Work with outside counsel retained to support Real Estate Development efforts; Supervise the prosecution of cases presented to the municipal court. Purchasing and contract support, including review of contracts received, drafting agreements, negotiating terms, and assuring compliance with Federal and State law, including TABOR. Advise Code Enforcement Officials from each of the various departments providing enforcement of the City’s various municipal codes, including interpretation, application and enforcement of the codes associated with sales tax, public safety, building, fire and safety codes, housing regulations, public streets, parks and municipal properties, public utilities, health, sanitation and environment, and the Unified Development Code. Suggest updates, draft revisions and review all provisions of the municipal code, including the traffic codes, public offense codes, building and safety codes, and Unified Development Code incorporating the subdivision and zoning codes. Assist and advise Community Development staff regarding interpretation and application of the Unified Development Code (Zoning Code). Support efforts of Finance Department to collect sales and use taxes. Assist and advise Human Resources staff regarding personnel matters. Advise and respond to grievances and/or EEOC complaints. Provide voter and election law advice to City Clerk. Review and respond to Colorado Open Records Act requests, in association with City Clerk. Provide sales tax enforcement support to Finance. Advise all staff upon standard legal issues including the provisions of TABOR, Open Meetings Law, Open Records Act, etc. Research legal issues associated with public policy issues. Monitor legal developments, including proposed legislation and court decisions, including evaluating the impact of new legislation on existing litigation and/or City operations and recommending appropriate action. Review, revise and update administrative manual (personnel manual). Support the efforts of Risk Management, including review, revise and update workplace safety policies and work with CIRSA to respond to anticipated litigation Provide legal assistance to support actions of Boards and Commissions. Actively participate on City Leadership Team. VI. POSITION DESCRIPTION APPROVALS EMPLOYEE: DATE: ______________ MAYOR: DATE: ______________ Page 180 of 559 MINUTES City Council Regular Meeting Monday, December 7, 2020 Teleconferenced 6:00 PM 1 Call to Order The Special/Regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:00 p.m. and held by teleconference. 2 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Olson. 3 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk Truscott Reed Assistant to the City Manager Dodd Assistant City Attorney Dorotik Director of Public Works D'Andrea Director of Finance Sobota Director of Community Development Power Director of Communications Harguth Neighborhood Resources Coordinator Hinkfuss Planning Manager Burkholder Senior Planner Bell Capital Projects and Engineering Manager Hoos Capital Project Engineer Warren Page 1 of 11 Page 181 of 559 City Council Regular December 7, 2020 Director of South Platte Renew Van Ry Deputy Director of Environmental Programs Corning Deputy Director of Utilities Simon Police Chief Collins Police Commander Fender Police Sergeant Jones Information Technology Hunnicutt Police Department 4 Study Session Topic a) Director of Finance Maria Sobota was present to review the October 2020 Financial Report. b) Director of Public Works Maria D'Andrea was present to discuss the recommendations on next steps from the Citizen's Committee for Organized Waste & Recycling Collection. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of November 16, 2020. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF NOVEMBER 16, 2020. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone x 7 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Council recognized the following students for the Student Art Calendar: LuciaSky Damata - Music in the Night Samantha Craighead - Casa de color Esmeralda Gomez - Dos mundos en uno Charlie Evans - The Neon Turtle Page 2 of 11 Page 182 of 559 City Council Regular December 7, 2020 Audrey Hanna - The Beach Evalyn Moreno - Enchanted Blossoms Kaylee McCaskey - COVID Beauty Mako McGahey - Huete ist Freitag Aaliyah Garcia - Monochromatic Tabby Riley DeNorch - Fire in the Sun Katelyn Berry - Dogitude Diego Rios - Queen Olivia Keiter - Orange Lake b) Small Business Saturday Proclamation Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson TO APPROVE A PROCLAMATION DECLARING ALL SATURDAYS IN DECEMBER 2020 AS SHOP ENGLEWOOD - SMALL BUSINESS SATURDAY IN THE CITY OF ENGLEWOOD. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. 7 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, submitted a written public comment regarding stormwater drainage. b) Andrea Manion, an Englewood resident, addressed Council regarding universal business license. c) Tammy Williamson, an Englewood resident, addressed Council regarding Community Development. d) Cynthia Searfoss, an Englewood resident, addressed Council regarding communication. e) Geoff Frazier, an Englewood Resident, addressed Council regarding single hauler trash/recycling. f) Marcy Brown, an Englewood resident, addressed Council regarding the State of Emergency and the City banner over Broadway at the intersection of Broadway and Bates. Page 3 of 11 Page 183 of 559 City Council Regular December 7, 2020 8 Recognition of Unscheduled Public Comment a) Pamela Beats, an Englewood resident, addressed Council regarding the livability of Englewood. b) Claudine Burger, an Englewood resident, addressed Council regarding communication. c) Nick Hoover addressed Council regarding Council Bill 60 regarding Third-Party Delivery. d) Maureen White, an Englewood resident, addressed Council regarding the Title 16 Open House. Council Member Anderson responded to Public Comment. 9 Consent Agenda Items Council Member Russell removed Agenda Items 9 (a)(i) and 9 (c)(iii-iv) from Consent Agenda. Moved by Council Member Sierra, seconded by Council Member Anderson to approve Consent Agenda Items 9 (b)(i - iv) and 9 (c)(i-ii). a) Approval of Ordinances on First Reading i) CB 58 - IGA with Arapahoe County Office of Emergency Management – 1st amendment [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 58, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Joe Anderson x Page 4 of 11 Page 184 of 559 City Council Regular December 7, 2020 Dave Cuesta x Rita Russell (Moved By) x Cheryl Wink x John Stone x 6 1 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB 55 - Swedish Medical Center has submitted an application requesting the vacation of public right-of-way to facilitate the Swedish Medical Tower Expansion Project. ORDINANCE NO. 53, SERIES OF 2020 (COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER STONE) AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF SOUTH PENNSYLVANIA STREET RIGHT-OF-WAY AND A PORTION OF THE ASSOCIATED ALLEY, ALL LOCATED IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO. ii) CB 56 - Amendment to an Intergovernmental Agreement (IGA) between the Colorado Department of Transportation (CDOT) and the City of Englewood. ORDINANCE NO. 56, SERIES OF 2020 (COUNCIL BILL NO. 56 INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE AUTHORIZING AN AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD, COLORADO REGARDING REHABILITATION AND WIDENING OF THE DARTMOUTH AVENUE BRIDGE OVER THE SOUTH PLATTE RIVER. iii) CB 52 – SPR Farm Lease Agreement Renewals 2021 ORDINANCE NO. 54, SERIES OF 2020 (COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING FOUR (4) FARM LEASE RENEWAL AGREEMENTS FOR THE FARMS IN THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT (A.K.A. SOUTH PLATTE RENEW) BIOSOLIDS MANAGEMENT PROGRAM. iv) CB 57 - Joint Funding Agreement for Water Resources Investigations between the U.S. Department of the Interior U.S. Geological Survey Page 5 of 11 Page 185 of 559 City Council Regular December 7, 2020 and the City of Englewood. ORDINANCE NO. 55, SERIES OF 2020 (COUNCIL BILL NO. 57 (INTRODUCED BY COUNCIL MEMBER STONE) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTMENT OF THE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS." c) Resolutions and Motions i) Renewal of an existing Professional Services Agreement with EST, Inc. for On-Call Engineering Services Approval of a contract with EST, Inc. for On-Call Engineering Services in the amount of $200,000. ii) Renewal of an existing Professional Services Agreement with Stanley Consultants, Inc. for On-Call Engineering Services Approval of a contract with Stanley Consultants, Inc. for On-Call Engineering Services in the amount of $200,000. iii) Contract for 2021 Englewood Trolley Operations [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Approval of a contract for the 2021 operation of the Englewood Trolley in the amount of $381,031.20. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. iv) This item requests that Council approve modifications proposed by staff Page 6 of 11 Page 186 of 559 City Council Regular December 7, 2020 to the City of Englewood Strategic Plan, 2020-2022 [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson Approval of non-substantive modifications proposed by staff to the City of Englewood Strategic Plan, 2020-2022. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9 (b)(i - iv) and 9 (c)(i-ii). For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Seconded By) x John Stone x 7 0 0 Motion CARRIED. The meeting recessed at 7:47 p.m. for a break. The meeting reconvened at 7:53 p.m. with all Council Members present. 10 Public Hearing Items Page 7 of 11 Page 187 of 559 City Council Regular December 7, 2020 No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 59 - Approve an Easement Agreement with the Colorado Water Conservation Board for property easement necessary to complete the Big Dry Creek Diversion Project. Moved by Council Member Othoniel Sierra Seconded by Council Member Joe Anderson COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE ACCEPTING A GRANT OF A TWENTY- FIVE YEAR NON-EXCLUSIVE EASEMENT FROM THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES FOR THE CONSTRUCTION AND MAINTENANCE OF THE BIG DRY CREEK DIVERSION STRUCTURE, PIPELINE, AND OUTFALL FACILITY INCLUDING HYDROPOWER TO THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone x 7 0 0 Motion CARRIED. ii) CB 60 - Adopt regulations regarding third party food delivery services Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone COUNCIL BILL NO. 60, INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE ADDING TITLE 5, CHAPTER 31, SECTIONS 1-6 TO THE ENGLEWOOD MUNICIPAL CODE, REGARDING REGULATIONS FOR THIRD PARTY FOOD DELIVERY SERVICES, PURSUANT TO THE PROVISIONS OF ENGLEWOOD HOME RULE CHARTER, SECTION 41, ALL WITHIN THE CITY OF Page 8 of 11 Page 188 of 559 City Council Regular December 7, 2020 ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 4 3 0 Motion CARRIED. iii) CB 61 - The owner of 3649 S Grant Street, is requesting a vacation of the public right of way Moved by Council Member Joe Anderson Seconded by Council Member John Stone COUNCIL BILL NO. 61, INTRODUCED BY COUNCIL MEMBER ANDERSON A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF APPROXIMATELY 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, TO KEVIN FASING AND CALEY DOW. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson (Moved By) x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 6 1 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. [See Agenda Items 9 (b) (i-iv)] Page 9 of 11 Page 189 of 559 City Council Regular December 7, 2020 c) Resolutions and Motions i) Award of Contract to Wilson & Co. for Design Engineering Services on the Oxford Ave Pedestrian Bridge Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone Approval of a contract with Wilson & Company for design engineering services for the Oxford Ave Pedestrian Bridge in the amount of $322,174.21. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink x John Stone (Seconded By) x 7 0 0 Motion CARRIED. ii) Purchasing Agreement -- Watch Guard Body Worn/In Car Cameras Moved by Council Member Cheryl Wink Seconded by Council Member John Stone RESOLUTION NO. 33, SERIES OF 2020 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF IN-CAR AND BODY WORN CAMERAS UNDER THE TERMS OF THE STATE OF COLORADO PRICE AGREEMENT WITH WATCH GUARD. For Against Abstained Linda Olson x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Cheryl Wink (Moved By) x John Stone (Seconded By) x 7 0 0 Page 10 of 11 Page 190 of 559 City Council Regular December 7, 2020 Motion CARRIED. 12 Covid-19 Update 13 General Discussion a) Mayor's Choice i) The City Council reviewed the appropriate time and safety precautions necessary to reconvene in-person City Council Meetings. ii) The City Council discussed reading materials for the January 23rd City Council Retreat. b) Council Members' Choice 14 City Manager’s Report 15 City Attorney’s Report 16 Adjournment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 10:27 p.m. City Clerk Page 11 of 11 Page 191 of 559 MINUTES Teleconferenced City Council Special Meeting Monday, December 14, 2020 Teleconference 6:00 PM 1 Call to Order The special meeting of the Englewood City Council was called to order by Mayor Olson at 6:02 p.m. 2 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member Cheryl Wink Council Member John Stone COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney McKenney Brown Deputy City Clerk Truscott Reed Assistant to the City Manager Dodd Assistant City Attorney Dorotik Director of Public Works D'Andrea Director of Finance Sobota Director of Community Development Power Director of Information and Technolgy Burkholder Director of South Platte Renew and Utilites Van Ry Senior Planner Bell Capital Projects and Engineering Manager Hoos Capital Project Engineer Warren Deputy Director of Environmental Programs Corning Deputy Director of Utilities Simon Police Chief Collins Page 1 of 3 Page 192 of 559 City Council Study Session December 14, 2020 Deputy Police Chief Watson Police Commander Fender Police Division Chief Read Information Technology Hunnicutt 3 Bright Lights of Englewood Celebration a) City Council recognized the following citizens for being a bright light and bringing something positive and good to the community in the past year: David Carroll Robin Dickenson Christine Brinker Erika Zierke Boo Crosby Angela Forster 4 Approval of Ordinances on Second Reading a) CB 60 - Adopt regulations regarding third party food delivery services Moved by Council Member John Stone Seconded by Council Member Cheryl Wink ORDINANCE NO. 57, SERIES OF 2020 (COUNCIL BILL NO. 60 INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE ADDING TITLE 5, CHAPTER 31, SECTIONS 1-6 TO THE ENGLEWOOD MUNICIPAL CODE, REGARDING REGULATIONS FOR THIRD PARTY FOOD DELIVERY SERVICES, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra x John Stone (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x 4 3 0 Motion CARRIED. 5 Englewood Downtown Development Authority Next Step Options - Information/Direction Page 2 of 3 Page 193 of 559 City Council Study Session December 14, 2020 a) Redevelopment Manager Dan Poremba presented with several members of the Downtown Matters Steering Committee and provided an update on the outcome of the November 3, 2020, Englewood Downtown Development Authority (DDA) election and outlined the next step options for the DDA now that the district voters have approved its formation. 6 Break - 7:58 to 8:03 7 Off Leash Task Force Update - Information a) Director of Parks, Recreation, Library and Golf Christina Underhill, Manager of Open Space Dave Lee, Code Enforcement Supervisor Dave Lewis, and facilitator Steve Charbonneau with Finding Solutions discussed the consensus and recommendations for the off leash program in Englewood parks. 8 Police Reform Task Force Discussion a) The Police Reform Task Force including Chief John Collins, Deputy Police Chief Sam Watson, and Division Chief Chad Read discussed with City Council the recommendations from the task force. 9 Covid-19 Update 10 Reports from Board and Commission Council Liaisons 11 Council Member’s Choice 12 City Manager’s Choice 13 City Attorney’s Choice 14 Adjornment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 10:24 p.m. Deputy City Clerk Page 3 of 3 Page 194 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Will Charles DEPARTMENT: Community Development DATE: January 4, 2021 SUBJECT: Recognition of Keep Englewood Beautiful Holiday Lighting Award Winners DESCRIPTION: Award Recognition RECOMMENDATION: Staff will be present to discuss the Keep Englewood Beautiful Holiday Lighting Award Winners SUMMARY: The winners of the 2020 Holiday Lighting Awards are: 1st Place For Best Use Of Technology Ron Nelson 4500 South Lipan Street Runner Up For A Trip To The North Pole The Walcott’s – Mike, Megan, Maddy, and Maycee 4635 South Knox Court Most Diverse Award Nancy Foster 3301 West Tufts Avenue Englewood Tradition Award Ron & Melanie Kloewer 5041 South Elati Street Best Design Award Douglas Haas 4536 South Sherman Street Best Newcomer Award Josh & Laura Roberts 4135 South Pennsylvania Street Best Use of Video Award Page 195 of 559 Dan Miller 1050 East Dartmouth Avenue Fun For The Whole Family Award Cyndi, Bones, Lexi, Eric, Jeremy & Jennifer 2987 South Cherokee Street Best Theme Award Holly & Josh Vigil 3119 South Fox Street Page 196 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: January 4, 2021 SUBJECT: Resolution appointing members to various boards, committees and commissions. DESCRIPTION: Resolution appointing members to various boards, committees and commissions. RECOMMENDATION: Approve the resolutions appointing members to various boards, committees and commissions. ATTACHMENTS: Resolution Page 197 of 559 1 RESOLUTION NO. SERIES OF 2021 A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD. WHEREAS, City Council wishes to appoint members to boards, commissions and committees for the City of Englewood; WHEREAS, the names of members to be appointed and the boards, commissions and committees they will be representing, with term expiration dates set forth below; and WHEREAS, the City Council wishes to express its gratitude for the volunteerism and service these individuals have agreed to provide to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment to boards, commissions and committees to serve at the request of the City Council effective February 4, 2021: BOARD/COMMISSION/COMMITTEE TERM 1. Board of Adjustment and Appeals a. Tonja Spencer – Alternate None 2. Budget Advisory Committee a. Josh Newell – Regular July 1, 2022 3. Code Enforcement Advisory Committee a. Christopher Underwood – Regular July 1, 2021 b. Robert Watson – Alternate None 4. Cultural Arts Commission a. Kyle Conrad – Alternate None 5. Election Commission a. Robert Watson – Regular July 1, 2025 6. Keep Englewood Beautiful a. Michael Chisholm - Regular Feb 1, 2023 b. Logan Dunning – Regular Feb 1, 2023 c. Marissa Lease – Regular Feb 1, 2023 7. Malley Center Trust Fund a. Jonathan Liberman - Regular Feb 1, 2024 Page 198 of 559 2 8. Parks and Recreation Commission a. Christine Adams - Regular Feb 1, 2025 b. Monica Johnson – Regular Feb 1, 2025 9. Planning and Zoning Commission a. Carl Adams - Regular Feb 1, 2025 b. Michele Austin – Regular Feb, 1, 2025 c. Meg Donaldson – Alternate None 10. Public Library Board a. Brynne Dunning - Regular Feb 1, 2025 b. Amy Wilson – Regular Feb 1, 2025 11. Urban Renewal Authority a. Logan Dunning - Regular Feb 1, 2026 b. Zion Spergeon – Regular Feb 1, 2026 ADOPTED AND APPROVED this 4th day of January, 2021. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2021. Stephanie Carlile, City Clerk Page 199 of 559 From:Kathleen B To:Jayde Truscott Reed Subject:Fwd: 1/04/21 City Council Meeting - Public Statement with 6 attachments Date:Thursday, December 31, 2020 3:09:54 PM Attachments:image7.png image7.png image6.png image5.png image4.png image3.png image2.png image1.png image0.png image9.png image8.png USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Sent from my iPhone Begin forwarded message: From: Kathleen B <kbecology@hotmail.com> Date: December 15, 2020 at 2:05:19 PM MST To: City Clerk Englewood <CityClerk@Englewoodco.gov> Cc: Linda Olson Council <lolson@englewoodco.gov>, Othoniel Sierra Council <osierra@englewoodco.gov>, Rita Russell Council <rrussell@englewoodco.gov>, Dave Cuesta Council <dcuesta@englewoodco.gov>, Cheryl Wink Council <cwink@englewoodco.gov>, Joe Anderson Council <janderson@englewoodco.gov>, John Stone Council <jstone@englewoodco.gov>, Maria D’Andrea Englewood <mdandrea@englewoodco.gov>, Shawn Lewis <SLewis@englewoodco.gov> Subject: 1/04/21 City Council Meeting - Public Statement with 6 attachments 1/04/21 City Council Meeting - Public Statement with attachments. In Tonight’s Public Statement I will take a CLOSE look at STAFF’S/ULTIEG’S and CITY COUNCIL’S LATEST 8/17/20 Storm Water Drainage Plan for the S3 (S3a & S3b) and S4 Residential Areas of Englewood’s largest Storm Water Drainage Basin - the South Englewood Basin. A 8/17/20 Ultieg plan that Staff and City Council DECLARE offers a COST EFFECTIVE way to Provide S3 & S4 Residents a 25-Year Rain Event LEVEL of Protection. Attachment 1 shows the 3, 4, 5, 6ft Flood depths with the EXISTING undersized 2-Year Rain Event Pipe System in the South Englewood Basin in a 25-Year Rain Event. (Note - My red X Is the single home on Lipan St. that Hazen identified as needed to be protected with additional Inlets) Attachment 1 Page 200 of 559 Attachment 2 is a close up of the 25-Year Rain Event 3, 4, 5, 6ft flood depths in the area of the drowning death in the 2018 flood. Attachment 2 Page 201 of 559 Attachment 3 is the City Council/Calibre PREVIOUS PLAN for a 25-Year Rain Event Pipe System UPGRADE to PROTECT S3 & S4 Residents in a 25-Year Rain Event. CITY COUNCIL chose this Plan after almost two years of Study Session Discussions. Attachment 3 Page 202 of 559 Attachment 4 is my using a red marker to “overlay” on top of the PREVIOUS Council/Calibre Plan, the ENTIRETY of Ultieg’s 8/17/20 Plan for their “Immediate Modification Recommendations” that THIS CITY COUNCIL CHOSE TO DO INSTEAD - after just one 8/17/20 Study Session. Attachment 4 Page 203 of 559 (Note - I highlighted Layton and Broadway in yellow.) There are 10 overhead images in Ultieg’s “Immediate Modification Recommendations” plan that I used to do this OVERLAY. I will attempt to attach all 10 images so my accuracy or inaccuracy of my OVERLAY can be verified. PLEASE LOOK CAREFULLY AT THE ULTIEG’S LEGEND. Overhead images: (Note- The alley pipe between Acoma and Page 204 of 559 Bannock ends in the middle of the alley at the Inlet. Ultieg incorrectly shows the Alley Pipe going clear across to Bannock.) (Note - Ultieg has “two” images titled Priority 2.) 10 images - Page 205 of 559 I would hope that someone on the Dias will review all 10 images and identify if my humble bachelor’s degree resulted in an errant interpretation of what I am seeing on those images that resulted in the completed OVERLAY that I have presented. If my Overlay is correct, PLEASE EXPLAIN how this MINIMAL PLAN of Upgraded Page 206 of 559 Inlets, new Inlets, and a very few new pipe segments installed into the existing undersized 2-Year Rain Event Pipe System provides a 25-Year Rain Event LEVEL of protection? Kathleen Bailey District 4 Sent from my iPhone Page 207 of 559 From:Tam Williamson To:City Clerk Subject:Submission for city council meeting Date:Wednesday, December 30, 2020 3:51:00 PM Attachments:image1.png image2.png USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hi, I just signed up to speak at city council. Enclosed are 2 photos to be given to council for my speech. Thanks, Tammy Williamson Page 208 of 559 Sent from my iPad Page 209 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Steve Simon DEPARTMENT: Utilities DATE: January 4, 2021 SUBJECT: CB 59 - Big Dry Creek Easement Agreement Acquisition DESCRIPTION: CB 59 - Approve an Easement Agreement with the Colorado Water Conservation Board for property easement necessary to complete the Big Dry Creek Diversion Project. RECOMMENDATION: Utilities staff recommends that Council approve an ordinance authorizing the City of Englewood to enter into a 25-year easement agreement with the Colorado Water Conservation Board (CWCB). The easement is required to complete Phase II construction and provide long-term operations and maintenance access for the Big Dry Creek Diversion Project. The Water and Sewer Board approved a recommendation to enter into the easement agreement on November 10, 2020. CWCB approved the easement agreement on November 19, 2020. PREVIOUS COUNCIL ACTION: • July 27, 2017 – Professional Services Agreement for Final Design, Phase II • June 19, 2017 – Intergovernmental Agreement with Urban Drainage & Flood Control District (UDFCD) – Big Dry Creek Diversion Pipe Construction, Phase I • June 15, 2015 – Professional Services Agreement for Preliminary Design and Permitting SUMMARY: The Big Dry Creek Diversion Project provides water quality and renewal energy benefits. Big Dry Creek currently discharges directly upstream of Englewood’s Union Avenue raw water intake. Big Dry Creek has poor water quality, primarily due to a high-level of water hardness, which has a negative impact on water aesthetics and indoor plumbing. This project will help mitigate those water quality issues by diverting the discharge from its current location upstream of the Union Avenue intake to a new discharge point downstream of the intake. In addition to raw water quality benefits, the project also results in a renewable energy benefit. A hydroelectric turbine will be installed to generate renewable energy from the diverted water flow. On December 31, 2015, Englewood applied for a water right for the Big Dry Creek Diversion Project, and on September 13, 2017, the water right was decreed by the water court. The decree sets the terms and conditions to divert up to 5 cubic feet per second of Big Dry Creek flows for hydroelectric power generation and municipal water use. Page 210 of 559 In 2018, construction of the metering vault, hydroelectric vault, and approximately 800-feet of pipeline was completed. This was executed under the IGA between the City of Englewood and UDFCD (now Mile High Flood District). This construction was accelerated into Phase I to complete the work ahead of a pedestrian trail constructed above the pipeline alignment. The remaining Phase II construction work includes the diversion structure in Big Dry Creek, installation of approximately 200-feet of pipeline, and equipment installation for flow control, flow measurement, and hydroelectric power generation. ANALYSIS: Original easement acquisition costs were calculated based on the Chatfield Downstream Improvement Project, Easement Fee Structure (May 2005). The initial calculation applied Method II of the fee structure, which set the land cost at $10/square foot and applied a 50 percent impact multiplier. Multiplying these factors by the 24,555 square feet parcel of land to be acquired for this project, resulted in an initial easement estimated cost of $121,275. Due to the cooperative nature of the project, the water quality improvements and the environmental benefits, the CWCB proceeded to apply Method III of the fee structure. This method allows the CWCB to set a special assessment for fees if it is in the best interest of the public. The CWCB felt this project qualified for this special assessment and applied a one-third multiplier to the Method II assessment. This calculation resulted in a reduction for easement costs to $40,425. Utilities staff believes this is a fair and reasonable cost adjustment for the easement acquisition. FINANCIAL IMPLICATIONS: Funding for the Big Dry Creek Diversion Project easement acquisition is included in the Utilities 2020 budget. Source of Funds Line Item Description Line Item Amount YTD Line Item Expensed Purchase Amount Water – 40 Source of Supply – 1601 Raw Water Supply System – 61261 $745,635 $0 $40,425 The source of funds for the easement acquisition is 40-1601-61261. ALTERNATIVES: A lack of funding of the Big Dry Creek Diversion Project easement agreement would result in Englewood’s inability to obtain the necessary permits required to complete Phase II construction of the Big Dry Creek Diversion Project. CONCLUSION: The Big Dry Creek Diversion Project is an important effort to help improve the City of Englewood’s water quality for its customers. The project also supports the City’s sustainability goals by providing a renewable energy source. This easement acquisition is a necessary step required to proceed into the next construction phase for the remaining work. Staff believes the cost for the easement is fair and reasonable and recommends Council approval of an Ordinance authorizing the easement agreement. Page 211 of 559 ATTACHMENTS: Council Bill No. 59 Attachment A - Easement Agreement 12.07.2020 PowerPoint Presentation on BDC Easement Agreement Page 212 of 559 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 59 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE ACCEPTING A GRANT OF A TWENTY-FIVE YEAR NON-EXCLUSIVE EASEMENT FROM THE STATE OF COLORADO, DEPARTMENT OF NATURAL RESOURCES FOR THE CONSTRUCTION AND MAINTENANCE OF THE BIG DRY CREEK DIVERSION STRUCTURE, PIPELINE, AND OUTFALL FACILITY INCLUDING HYDROPOWER TO THE CITY OF ENGLEWOOD, COLORADO WHEREAS, the State of Colorado by and through the Department of Natural Resources, hereinafter referred to as "Grantor", is the owner in fee simple of certain property and right-of-way along the South Platte River in the City of Englewood; WHEREAS, the City of Englewood, hereinafter referred to as "Grantee", owns and operates a water treatment plant with its Union Avenue intake located on the South Platte River downstream of the confluence of Big Dry Creek and the South Platte River; WHEREAS, the Englewood Allen Filter Plant serves the water needs of Englewood citizens as well as residents outside of the Englewood city limits; WHEREAS, the water consumers served by the Allen Water Treatment Plant have expressed a desire for softer water for their consumptive use; WHEREAS, waters carried by Big Dry Creek directly impact the hardness and quality of the water the City diverts for consumptive use, and creates treatment issues at the Allen Filter Plant; WHEREAS, in order to mitigate the impact of the waters carried by Big Dry Creek a diversion structure, pipeline and hydropower facility will divert Big Dry Creek water around the Union Avenue intake resulting in better raw water being diverted for treatment at the Allen Filter Plant; WHEREAS, the City Council of the City of Englewood passed Ordinance No. 41, Series of 2017, authorizing an intergovernmental agreement with the Urban Drainage and Flood Control District to construct the Big Dry Creek Diversion Pipeline and hydropower vault; WHEREAS, the State of Colorado by and through its Department of Natural Resources has agreed to grant a twenty-five-year (25) easement to the City in order for the City to complete the pipeline structure and hydropower facility as set forth in Exhibit A, attached hereto; WHEREAS, the Colorado Water Conservation Board approved the Easement Agreement at their November 19, 2020 meeting; Page 213 of 559 2 WHEREAS, the acceptance of the Easement from the State of Colorado will allow the City of Englewood to complete the construction of the diversion project; WHEREAS, the Englewood Water and Sewer Board at its November 10, 2020 meeting approved the Easement and recommended that it be forwarded to the Englewood City Council for approval; and WHEREAS, the City will pay to the State of Colorado a one-time payment of forty- thousand four hundred twenty-five dollars ($40,425) for the easement, funds for the payment come from the Utilities Department's Raw Water Supply Fund Budget, line item number 40-1601-61261. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The “Acceptance of a Twenty-five Year Easement for the Big Dry Creek Diversion” from the State of Colorado to the City of Englewood, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Englewood City Council hereby authorizes the expenditure and one- time payment of $40,425.00 from the Englewood Utilities Department, Raw Water Supply Fund Budget, line item number 40-1601-61261, to the State of Colorado for the Big Dry Creek Diversion Easement Agreement. Section 3. The Mayor is authorized to execute and the City Clerk attest and seal the "Acceptance of a Twenty-five Year Easement for the Big Dry Creek Diversion" for and on behalf of the City of Englewood, Colorado. Section 4. Notice of general provisions and findings applicable to interpretation and application of the Ordinance: Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police powers of the City of Englewood, that it is promulgated for the health, safety, welfare of the public, and this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City County further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 7th day of December, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of December, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of December, 2020 for thirty (30) days. Read by Title and passed on final reading on the 4th day of January, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the 7th day of January, 2021. Page 214 of 559 3 Published by title on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Page 215 of 559 State as Grantor (REV 1/05) 1 of 5 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT is made and entered into this _____ day of _________________ , 2020 by and between the STATE OF COLORADO, acting by and through the Department of Natural Resources, Colorado Water Conservation Board whose address is 1313 Sherman Street, Denver, CO 80203, (hereinafter, the “Grantor”), and City of Englewood, a municipal corporation and political subdivision of the State of Colorado, whose address is Englewood Civic Center, 1000 Englewood Parkway, Englewood, CO 80110 (hereinafter, the “Grantee”). WHEREAS, the Grantor is an agency of the State of Colorado created and controlled by Title 37, Article 60, C.R.S., which functions for the welfare and benefit of the State of Colorado and its in habitants; and WHEREAS, the United States Army Corps of Engineers (“Corps”) has constructed improvements to the flow of water in the channel of the South Platte River in Arapahoe County, State of Colorado, with said improvements known as the Chatfield Downstream Channel Improvement Project (“Improvement Project”); and WHEREAS, the primary purpose of the Improvement Project is to provide drainage, flood control and water flow regulation; and WHEREAS, the Corps and the Grantor entered into two agreements which gave the Grantor the responsibility of acquiring land, easements, and rights-of-way for the Improvement Project and the duty of maintaining and operating the flood control works; and WHEREAS, the Grantor has acquired certain fee title interests, rights-of-way and easements within the Improvement Project right-of-way for the purposes of construction and maintenance of the Improvement Project; and WHEREAS, subject to the purpose and needs of the Improvement Project, the Grantee wishes to acquire and the Grantor is willing to grant a 25-year nonexclusive easement for the construction, operation and maintenance of the Big Dry Creek diversion structure, pipeline, and outfall facility including hydropower facility on the Grantor’s property within the Improvement Project; and WHEREAS, the Grantor approved granting such an easement to the Grantee at the Grantor’s November 2020 Board meeting known as agenda item 16. WITNESSETH: That, for and in consideration of a one-time payment of forty-thousand four hundred twenty-five dollars ($40,425) and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and the keeping and the performance of the covenants and agreements hereinafter expressed, Grantor grants to Grantee a nonexclusive easement upon the following property (hereinafter, the “Property”) located in the County of Arapahoe, State of Colorado, to wit: LEGAL DESCRIPTION OF THE EASEMENT AREAS ARE ATTACHED HERETO AS EXHIBIT A, FOR OUTFALL AND HYDROPOWER FACILITY, approximately 0.105 acres/4,590 sq. ft, EXHIBIT B, FOR A PIPELINE, approximately 0.165 acres/7,171 sq. ft, AND EXHIBIT C, FOR BIG DRY CREEK DIVERSION STRUCTURE, approximately 0.287 acres/12,494 sq. ft, consisting of six (6) pages TO HAVE AND TO HOLD, subject to the covenants and agreements hereinafter expressed, for the purpose of using the Property for the Big Dry Creek diversion structure, pipeline, and outfall facility for a period of twenty-five (25) years, to commence upon execution of this Easement Agreement. I. GRANTOR AND GRANTEE MUTUALLY EXPRESSLY COVENANT AND AGREE: 1. If at any time during the term of this Easement Agreement Grantee does not for a period of 366 consecutive days make use of this easement for the purpose aforesaid, Grantor may in its sole discretion immediately declare such easement abandoned and shall so notify Grantee by certified mail with return receipt requested. In the event of such abandonment the consideration shall be forfeited. 2. This easement is non-exclusive and the grant of easement is subject to and subordinate to any and all use by the Grantor and any and all previously granted easements, rights-of-way, licenses and conveyances, recorded or unrecorded. It is Grantee’s sole responsibility to determine the existence of any rights, uses or installations conflicting with Grantee’s use of the Property hereunder. Grantee agrees to not interfere with any use in the easement area by any other party under a previous grant, whether granted by Grantor or previous owner. Grantee understands and agrees that Grantor makes no Page 216 of 559 State as Grantor (REV 1/05) 2 of 5 representations concerning ownership of nor warrants title to any of the Property. To the extent that this grant of easement may encroach on lands not owned or controlled by Grantor, Grantee assumes all responsibility for any such encroachment. 3. During the term of the Easement Agreement, the Grantor shall have the right to dispose of the Property or to use the same for other purposes subject to the rights and privileges herein granted to the Grantee. Grantor reserves the right to grant additional easements to third parties, provided that said easements do not materially interfere with the easement granted herein. 4. The terms and conditions of the easement granted herein shall be in compliance with and subordinate to the terms of the September 7, 1977 and January 29, 1980 Agreements between the United States Army Corps of Engineers and the Colorado Water Conservation Board (“Agreements”), which are incorporated herein by reference. This covenant and agreement includes but is not limited to the maintenance and operational requirements on the Grantor and its designees under those Agreements and the requirement that Grantor and its designees have unlimited access to the lands covered by this Easement Agreement to perform all necessary activities. The Grantee shall cooperate with the Grantor and its designees in the performance of its maintenance and operational requirements. Noncompliance by the Grantee with this provision shall be grounds for immediate termination of this Easement Agreement by the Grantor. 5. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the Property. 6. If this easement is granted pursuant to §24-82-201 C.R.S., as amended, this Easement Agreement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by §24-82-202 C.R.S., as amended, or such assistants as they may designate, or as otherwise required. Signature by the Grantor shall be deemed to be verification of approval of the commission or board of the agency across the premises of which this easement is hereby granted. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall apply to and run with the land unless otherwise specifically noted. Grantee may not assign its interest under this Easement Agreement without prior written consent of the Grantor. 8. The signatories aver that they are familiar with § 18-8-301, C.R.S. et. seq., (Bribery and Corrupt Influences) and § 18-8- 401, C.R.S. et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 9. This Easement Agreement including all exhibits, supersedes any and all prior written or oral agreements, and there are no covenants or agreements between the parties except as set forth herein with respect to the use of the Property by Grantee. No addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent amendment hereto shall have any force or effect unless embodied in a written agreement executed and approved by the officials and officers of the State of Colorado, or such assistants as they may designate, as required by applicable laws of the state of Colorado, state fiscal rules, or policies of the Office of the State Controller. 10. Grantee shall be responsible for recording this Easement Agreement with the Clerk and Recorder’s Office in the county or counties in which the Property is located. Grantee shall provide Grantor with a conformed copy of the recorded easement. 11. Any notice required or permitted by this Easement Agreement may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: Grantor: Grantee: Colorado Water Conservation Board City of Englewood Flood Protection Section Utilities Department 1313 Sherman Street, Rm 721 Englewood Civic Center Denver, CO 80203 1000 Englewood Parkway Englewood, CO 80110 Cc: Real Estate Programs Attn: Manager of Real Estate Programs 1525 Sherman Street, Suite 112 Denver, CO 80203 Page 217 of 559 State as Grantor (REV 1/05) 3 of 5 Notice of change of address shall be treated as any other notice. 12. Grantor reserves all rights to any and all metallic and non-metallic minerals, ores and metals of any kind and character, including but not limited to coal, asphaltum, stone, sand, gravel aggregate, oil and gas in, on, or under said easement. 13. If any part of this Easement Agreement is found, decreed or held to be void or unenforceable, the remainder of the provisions of this Easement Agreement shall not be affected thereby and shall remain in full force and effect. 14. This Easement Agreement shall be governed by the laws of the State of Colorado. 15. The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of either party, its departments, institutions, agencies, enterprises, boards, officials, and employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq. C.R.S. and §24-30-1501, et seq. C.R.S. Any provision of this Easement Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Grantor and the Grantee to the above cited laws. II. GRANTOR EXPRESSLY COVENANTS: 1. Grantee and Grantee’s agents, assigns and successors shall have access at all times, subject to Grantor’s security policies and procedures, to the Property for construction and maintenance of the Big Dry Creek diversion structure, pipeline, and outfall facility. Upon non-renewal, abandonment or termination of any of the Grantee’s rights or privileges under this Easement Agreement, the Grantee’s rights to access shall terminate. III. GRANTEE EXPRESSLY COVENANTS: 1. Grantor shall have, during the continuance of this easement, the right to dispose of the Property and to use the Property for other purposes provided such use does not materially interfere with the easement granted herein. In the event Grantor shall, in the future, wish to grant additional easements or rights-of-way which encroach upon the easement granted herein, Grantee expressly agrees and covenants it will consent to share the Property, provided the proposed additional easements or rights-of-way do not materially interfere with the purposes for which this easement is granted. 2. In the event of termination, Grantor may, at its sole discretion, retain all improvements without compensation to Grantee or, Grantee, at its expense, shall, upon written request by Grantor, remove all improvements constructed by Grantee from the Property within ninety (90) days of termination and restore the Property as nearly as is practicable to the condition of the land existing immediately prior to Grantee's first use. Grantor shall determine in its sole discretion whether the restoration complies with this paragraph. In the event that Grantee does not remove the improvements within such 90- day period, Grantor shall have the option to either 1) remove the improvements and restore the Property to its prior condition and bill the Grantee for the cost of removal and restoration, or 2) consider such improvements abandoned and the improvements shall become the property of Grantor. Except as otherwise provided herein, termination of this Easement Agreement shall be by operation of law. If this Easement Agreement is so terminated, consideration paid shall be forfeited. 3. Grantee use is subject to the purpose and need of the Improvement Project and the Agreements and may not use this grant of easement for any purpose other than that which is specifically described herein. If the Property is used by Grantee for any purpose other than stated herein, the easement is automatically terminated, and all of the right, title and interest of Grantee (and Grantee’s successors or assigns) in and to the Property become null and void, and the Property shall absolutely revert to and revest in Grantor as fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry and Grantee shall remove improvements as provided above. Grantor may terminate this Easement Agreement at any time it or the Corps determine use by the Grantee is contrary to the Improvement Project or the Agreements. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of the paragraph. 4. It shall be the sole responsibility of the Grantee to obtain and maintain all necessary and applicable local, state and federal approvals and permits for the purposes set forth herein. Grantee shall comply with all rules, regulations, laws, ordinances and policies authoritatively promulgated pertaining to the use of the easement lands, including but not limited to local, state and federal flood plain regulations. Grantee shall comply with all applicable laws and ordnances (and all rules, regulations, and requirements of any governmental authority promulgated thereunder) controlling environmental standards and conditions of Grantee’s use of the Property. If any such law, ordinance, rule, regulation, or requirement is violated as a result of Grantee’s use of the Property and/or its operations on the Property, Grantee shall protect, defend, indemnify and hold harmless Grantor from and against any penalties, fines, costs and expenses including legal fees and Page 218 of 559 State as Grantor (REV 1/05) 4 of 5 court costs incurred by Grantor. Noncompliance by the Grantee with this paragraph and/or any such permit, rule regulation, or policy shall be grounds for immediate termination of this Easement Agreement by the Grantor. 5. Grantee agrees to indemnify, defend and hold harmless the Grantor against all liability, loss and expense and against all claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or omissions of Grantee, its successors, assigns, agents or contractors or arising out of Grantee’s use of the Property. In the event that Grantee contracts for any work to be performed on the Property, Grantee shall require its contractors and subcontractors, except the Corps, to indemnify, defend and hold harmless Grantor, its employees and agents, and the Corps from any and all claims, damages and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors’ and/or subcontractors’ actions or inactions. All contractors and subcontractors shall be required to abide by and follow the provisions of this Easement Agreement. 6. Grantee warrants that, throughout the term of this Easement Agreement, Grantee shall maintain continual commercial general liability insurance covering its use of the easement, with said insurance policy naming Grantor as an additional insured. Copies of the current Accord Form 27 evidencing said insurance and additional insured endorsement(s) are attached to this Easement Agreement as Exhibit D and incorporated herein. Notices of renewal of this insurance shall be provided to Grantor on an annual basis. Said policy shall provide coverage in the amounts as necessary to meet potential liabilities under by the Colorado Governmental Immunity Act (Article 10, Title 24, C.R.S.), both now and as hereafter amended. Grantee shall require each contract with a contractor to include the insurance requirements necessary to meet such contractor’s liabilities. The Grantor shall be named as additional insured on all Commercial General Liability Insurance policies required of Grantee and Grantee’s agents, successors, assigns, licensees, contractors, and permitees hereunder. 7. Grantee agrees that all excavations or other temporary removal of soil as required for Grantee’s use of the Property for the purposes set forth herein shall be properly replaced, and Grantee shall seed, restore and revegetate the surface to substantially its condition existing prior to the disturbance as reasonably possible. Grantee shall be responsible at all times for the immediate repair or replacement of, or reimbursement for any damage to the Property due to Grantee’s use of the Property for the purposes set forth herein. Routes of ingress and egress for construction or for maintenance are to be limited to the minimum necessary locations, and all work areas created must be obliterated, protected against erosion, and restored to the former condition of the land, as nearly as possible by Grantee. Grantor shall determine, in its sole discretion, whether Grantee’s restoration complies with this paragraph. In the event Grantee fails to perform the restorative or revegetative work required by this paragraph to the sole satisfaction of Grantor, and after thirty (30) days prior written notice specifying with particularity the failure and indicating the remedial steps needed to cure same, Grantor shall be allowed to perform said work, and Grantee shall pay within thirty (30) days all direct and indirect costs incurred by Grantor for restorative or revegetative work including, but not limited to, regrading, filling, revegetation, erosion control, and replacing of soil. 8. Grantee shall provide Grantor with as-built drawings prepared and signed by a licensed Colorado professional engineer showing the location of any improvements constructed on the Property (including location and depth of any improvements located underground) within thirty (30) days after completion of construction of such improvements. 9. The Grantor may, in its sole discretion, require the Grantee to relocate a portion or portions of improvements on the property by giving the Grantee at least ninety (90) days prior written notice of such requirement. All relocation costs shall be paid by the Grantee. In the event that Grantee does not remove the improvements within such 90-day period, Grantor shall have the option to either 1) remove the improvements and restore the Property to its prior condition and bill the Grantee for the cost of removal and restoration, or 2) consider such improvements abandoned and the improvements shall become the property of Grantor. 10. The Grantee understands and agrees that its facilities are subject to damage and total loss without liability accruing to the Grantor as a result of flooding, as the result of maintenance and operation of the Chatfield Downstream Channel Improvement Project by the Grantor, the Grantor’s designees, or the Corps. 11. Grantee shall coordinate with its contractors to obtain a temporary access permit from the South Suburban Park and Recreation District prior to construction of the Big Dry Creek Diversion Structure to be constructed on the lands described in Exhibit C. 12. The construction, storage and movement of vehicles, trucks and machinery shall be conducted at all times so as to minimize any disruption to recreational trails and paths while maximizing public safety. At all times during construction and maintenance activities, all of the recreation trails and paths shall remain open, unless adequate detours including signage and fencing are provided by the Grantee. Page 219 of 559 State as Grantor (REV 1/05) 5 of 5 IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed the day and year first above written. GRANTOR: GRANTEE: STATE OF COLORADO CITY OF ENGLEWOOD, Jared Polis, Governor a municipal corporation and political subdivision of Acting by and through the the State of Colorado Department of Natural Resources By: Title: By: Attest:______________________________ Executive Director APPROVED: STATE OF COLORADO Department Of Personnel & Administration State Buildings & Real Estate Programs By: Executive Director Page 220 of 559 Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT A - CWCB NORTH.doc 8/20/2020 Page 1 of 4 EXHIBIT A A PART OF THAT PARCEL OF LAND RECORDED IN BOOK 4196 AT PAGE 380 IN THE ARAPAHOE COUNTY CLERK AND RECORDERS OFFICE, LOCATED IN THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE THE NORTH SIXTEENTH CORNER OF SECTIONS 8 AND 9 BEARS NORTH 00°08'48" EAST, A DISTANCE OF 1324.54 FEET; THENCE NORTH 46°44’37” EAST, A DISTANCE OF 533.22 FEET TO THE EASTERLY LINE OF SAID PARCEL AND THE POINT OF BEGINNING; THENCE DEPARTING SAID EASTERLY LINE NORTH 43°12'42" WEST, A DISTANCE OF 27.84 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 190.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24°00'20", AN ARC LENGTH OF 79.61 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 100.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°06'16", AN ARC LENGTH OF 52.54 FEET; THENCE TANGENT TO SAID CURVE NORTH 49°18'39" WEST, A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 12.00 FEET; THENCE WESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°52'14", AN ARC LENGTH OF 18.61 FEET; THENCE TANGENT TO SAID CURVE SOUTH 41°49'08" WEST, A DISTANCE OF 17.25 FEET; THENCE NORTH 48°10'52" WEST, A DISTANCE OF 20.00 FEET; THENCE NORTH 41°49'08" EAST, A DISTANCE OF 17.25 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 32.00 FEET; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 88°52'14", AN ARC LENGTH OF 49.63 FEET; THENCE TANGENT TO SAID CURVE SOUTH 49°18'39" EAST, A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 120.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 30°06'16", AN ARC LENGTH OF 63.05 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 170.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14°13'13", AN ARC LENGTH OF 42.19 FEET TO SAID EASTERLY LINE; Page 221 of 559 Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT A - CWCB NORTH.doc 8/20/2020 Page 2 of 4 THENCE NON-TANGENT TO SAID CURVE ALONG SAID EASTERLY LINE SOUTH 21°36'12" EAST, A DISTANCE OF 61.02 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.105 ACRES, (4,590 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. DANIEL E. DAVIS, PLS 38256 FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303-713-1898 8/20/2020 Page 222 of 559 300 East Mineral Ave, Phone: (303)713-1898 Littleton, Colorado 80122 Suite 1 Fax: (303)713-1897www.aztecconsultants.com AzTecConsultants, inc. Page 223 of 559 Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT B - CWCB CENTER.doc 8/20/2020 Page 1 of 2 EXHIBIT B A PARCEL OF LAND LOCATED IN THE WEST HALF OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 9 BEARS SOUTH 00°03'40" WEST, A DISTANCE OF 2642.96 FEET, ALL BEARINGS HEREON ARE REFERENCED THERETO; THENCE NORTH 71°05'32" EAST, A DISTANCE OF 518.79 FEET TO THE NORTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND RECORDED IN BOOK 4292 AT PAGE 631 AND BOOK 4306 AT PAGE 762 IN THE RECORDS OF THE ARAPAHOE COUNTY CLERK AND RECORDER’S OFFICE, AND THE POINT OF BEGINNING; THENCE ALONG SAID NORTHERLY BOUNDARY, NORTH 87°31'45" EAST, A DISTANCE OF 24.13 FEET; THENCE DEPARTING SAID NORTHERLY BOUNDARY, SOUTH 36°30'07" EAST, A DISTANCE OF 6.47 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 205.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°29'54", AN ARC LENGTH OF 166.37 FEET; THENCE SOUTH 09°59'47" WEST, A DISTANCE OF 64.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 140.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 43°27'21", AN ARC LENGTH OF 106.18 FEET TO THE EASTERLY BOUNDARY OF SAID PARCEL; THENCE ALONG SAID EASTERLY BOUNDARY, SOUTH 12°57'55" WEST, A DISTANCE OF 26.90 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 90.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 57°54'43" WEST; THENCE DEPARTING SAID EASTERLY BOUNDARY, NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05°07'48", AN ARC LENGTH OF 8.06 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY HAVING A RADIUS OF 160.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47°12'52", AN ARC LENGTH OF 131.85 FEET; THENCE NORTH 09°59'47" EAST, A DISTANCE OF 64.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 185.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°29'54", AN ARC LENGTH OF 150.14 FEET; THENCE NORTH 36°30'07" WEST, A DISTANCE OF 19.97 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.165 ACRES, (7,171 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. DANIEL E. DAVIS, PLS 38256 FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303-713-1898 8/20/2020 Page 224 of 559 300 East Mineral Ave, Phone: (303)713-1898 Littleton, Colorado 80122 Suite 1 Fax: (303)713-1897www.aztecconsultants.com AzTecConsultants, inc. Page 225 of 559 Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT C - CWCB SOUTH.doc 8/20/2020 Page 1 of 4 EXHIBIT C A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 9, WHENCE THE SOUTHWEST CORNER OF SAID SECTION 9 BEARS SOUTH 00°03'40" WEST, A DISTANCE OF 2642.96 FEET, ALL BEARINGS HEREON ARE REFERENCED THERETO; THENCE SOUTH 62°27'46" EAST, A DISTANCE OF 595.98 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 68°54’53” EAST, A DISTANCE OF 10.17 FEET TO THE WESTERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND RECORDED AT RECEPTION NO. D1050263 IN THE RECORDS OF THE ARAPAHOE COUNTY CLERK AND RECORDER'S OFFICE; THENCE ALONG THE WESTERLY AND SOUTHERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2) COURSES; 1. SOUTH 12°57'55" WEST, A DISTANCE OF 5.05 FEET; 2. SOUTH 77°02'39" EAST, A DISTANCE OF 44.73 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 115.00 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 57°24'08" WEST; THENCE DEPARTING SAID SOUTHERLY BOUNDARY, SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13°24'28", AN ARC LENGTH OF 26.91 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 85.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 07°44'34", AN ARC LENGTH OF 11.49 FEET; THENCE SOUTH 27°07'16" EAST, A DISTANCE OF 36.44 FEET; THENCE SOUTH 23°14'41" WEST, A DISTANCE OF 38.51 FEET TO THE SOUTHERLY BOUNDARY OF THAT CERTAIN PARCEL OF LAND RECORDED IN BOOK 4292 AT PAGE 631 IN SAID RECORDS; THENCE ALONG THE SOUTHERLY AND EASTERLY BOUNDARY OF SAID PARCEL THE FOLLOWING TWO (2) COURSES; 1. NORTH 77°02'39" WEST, A DISTANCE OF 43.82 FEET; 2. SOUTH 12°57'55" WEST, A DISTANCE OF 10.01 FEET; THENCE SOUTH 82°47'25" WEST, A DISTANCE OF 4.54 FEET; THENCE SOUTH 22°31'48" WEST, A DISTANCE OF 42.15 FEET; THENCE NORTH 67°12'03" WEST, A DISTANCE OF 10.00 FEET; THENCE NORTH 22°47'57" EAST, A DISTANCE OF 20.34 FEET; THENCE NORTH 44°47'37" WEST, A DISTANCE OF 12.96 FEET; THENCE NORTH 13°22'14" WEST, A DISTANCE OF 8.85 FEET; THENCE NORTH 59°49'14" WEST, A DISTANCE OF 8.48 FEET; THENCE SOUTH 71°40'56" WEST, A DISTANCE OF 10.25 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 15.50 FEET, THE RADIUS POINT OF SAID CURVE BEARS NORTH 25°57'27" EAST; Page 226 of 559 Q:\89120-01 - Big Dry Creek Diversion Legals\Legals\EXHIBIT C - CWCB SOUTH.doc 8/20/2020 Page 2 of 4 THENCE NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 46°44'54", AN ARC LENGTH OF 12.65 FEET; THENCE NORTH 17°02'31" WEST, A DISTANCE OF 6.43 FEET; THENCE SOUTH 88°46'49" WEST, A DISTANCE OF 10.67 FEET; THENCE NORTH 50°46'03" WEST, A DISTANCE OF 29.01 FEET; THENCE NORTH 77°48'05" EAST, A DISTANCE OF 27.57 FEET; THENCE NORTH 22°34'36" EAST, A DISTANCE OF 54.70 FEET; THENCE NORTH 40°56'58" EAST, A DISTANCE OF 9.43 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 59.97 FEET, THE RADIUS POINT OF SAID CURVE BEARS SOUTH 33°12'23" EAST; THENCE EASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 22°21'09", AN ARC LENGTH OF 23.39 FEET; THENCE NORTH 76°52'30" EAST, A DISTANCE OF 34.80 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.287 ACRES, (12,494 SQUARE FEET), MORE OR LESS. EXHIBIT ATTACHED AND MADE A PART HEREOF. DANIEL E. DAVIS, PLS 38256 FOR AND ON BEHALF OF AZTEC CONSULTANTS, INC. 300 E. MINERAL AVE., SUITE 1, LITTLETON, CO 80122 303-713-1898 8/20/2020 Page 227 of 559 300 East Mineral Ave, Phone: (303)713-1898 Littleton, Colorado 80122 Suite 1 Fax: (303)713-1897www.aztecconsultants.com AzTecConsultants, inc. Page 228 of 559 Big Dry Creek Diversion Project Easement Acquisition By: Steve Simon Utilities Deputy Director Page 229 of 559 Project Purpose •Water Quality •Renewable Energy Union Ave PS Allen WTP Big Dry Creek Page 230 of 559 Proximity Map Hydrostation Phase I (2018) Phase II (2021) Page 231 of 559 Project Timeline 2015 2016 2017 2018 Decree Prelim Design Phase I Design Phase 1 Construction 2019 2020 2021 2022 Phase II Design Easement Permitting Permitting Phase II Construction Phase II Construction Startup Page 232 of 559 Staff Recommendation •Enter into agreement with CWCB •Necessary to proceed with project •Permitting/Construction •Long-term O&M Access •Cost deemed fair and reasonable •Established fee structure methods •Two-thirds cost reduction due to public benefit •Budgeted in 2020 •$40,425 Page 233 of 559 Questions and Discussion Page 234 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: January 4, 2021 SUBJECT: CB 61 - Vacation of Right of Way - 3649 South Grant Street DESCRIPTION: CB 61 - The owner of 3649 S Grant Street, is requesting a vacation of the public right of way RECOMMENDATION: Staff and the Planning and Zoning Commission recommend that the City Council not approve the vacation of right of way request at this time for the following reasons: 1. Viable use of the property per the Unified Development Code, remains without vacation of the right-of-way. 2. Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate future multi-modal transportation improvements. 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. Once the Congestion Mitigation and Alternatives Analysis study is completed, the US 285/Broadway interchange reconstruction project advances, further utility location study occurs, and easements provided or utilities moved to a different location in conjunction with the city Utilities Department, a portion or all of this requested right-of-way vacation could be re-evaluated at a future date. However, at this time city staff is unable to support this request. PREVIOUS COUNCIL ACTION: City Council held a public hearing on November 16, 2020. During the public hearing, staff and the applicant presented an overview of the vacation request. There was no additional public comment received. SUMMARY: The applicant requests a portion of East Jefferson Drive right-of-way, approximately 4,000 square feet, be vacated from public right-of-way for the purpose of constructing additional housing on this parcel per the information provided within the application. Page 235 of 559 The city has followed a policy, identified below, to respond to requests for vacation of public reservation that generally follows the process associated with any other determination of real property Unified 16, within found procedure Title an not is There rights. established Development Code. 1. The applicant files an application for vacation of public reservation with Community Development. 2. Depending upon the complexity of the request, the applicant must provide supporting materials. (Example, some vacation requests require transfer of easements back to the city, moving utility lines, altering stormwater storage or flow, etc., while others simply ask the city to give the reservation of land back to all abutting property owners.) 3. Community Development, Public Works, Utilities, and public utilities review the request to determine how complex the request is and whether it will impact future plans of the City (utility future expansion, line future plans, widening street future Example, stormwater storage, etc.). Community Development utilizes all of this information to develop a recommendation regarding the request.) 4. Notice is sent out to abutting property owners. 5. Review and recommendation of the request by the Planning and Zoning Commission. 6. Quasi-judicial hearing is held by City Council, including presentation to City Council of the recommendations of both Community Development and the Planning and Zoning Commission. 7. City Council applies the facts learned during the quasi-judicial hearing to the following standards: A. That due and legal notice of the public hearing was given. B. No private rights will be injured or endangered by the vacation, and the public will suffer no loss or inconvenience thereby, including the need to repurchase such vacated property in the future. C. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. D. In justice to the applicant, the request of the applicant can be granted. 8. Title to the streets, alleys or other public reservations which may be vacated shall be transferred in accordance with C.R.S. 43-2-302. ANALYSIS: The East Jefferson Drive right-of-way vacation request was reviewed by six City of Englewood departments and divisions including Community Development, Building, Fire, Traffic, Page 236 of 559 Engineering, and Utilities. Four of these departments or divisions have objection to the vacation requests, two others had no comment. The vacation request was also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. Century Link and Xcel have utilities within the property and within the adjacent alley. These utilities must remain operational and provisions made for easements if they are not currently located in an easement. At the time of this writing, Comcast has not provided a response. Contact was attempted to reach Comcast on September 28, 2020 and again on November 4, 2020. There are currently no submitted construction documents for this property and what the vacation of right-of-way would be supporting has not been specified. As an urban lot, this parcel with its current configuration will need to be closely examined to determine what type of residential structure could be rebuilt if the current single-family house is demolished. The requested right- of-way does not currently provide access to any other entities or properties. At the October 20, 2020 Planning and Zoning Commission regular meeting, staff and the applicant, Mr. Fasing presented the vacation of right-of-way request. The Commission then moved and seconded a motion to recommend that City Council approve the case SUB2020-017 to vacate approximately 4,000 square feet of East Jefferson Drive right-of-way. The motion was defeated with 1 in favor and 7 against the motion. The Minutes from the October 6, 2020 Planning and Zoning Commission regular meeting are attached. Commissioner's based their denial on the following: 1. Viable use of the property per the Unified Development Code, remains without vacation of the right-of-way. 2. Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate future multi-modal transportation improvements. 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. Staff recommended to the Planning and Zoning Commission that the right-of-way vacation request not be approved due to possible public loss or inconvenience, including the need to repurchase such vacated property in the future based upon further capital improvement studies in the immediate area. City Utilities Department The Englewood Utilities Department does not support the vacation of right -of-way request as there are multiple buried city owned/maintained wet utilities in the alley to the west of the applicant's property and in the East Jefferson Drive right-of-way on the north side of the property. The city's existing 8-inch sanitary sewer main appears to be about 10 feet west of the west side fence and hence the sewer main falls within the west side property line as shown on the Improvement Survey Plat, which was included as part of the submittal package. The city Page 237 of 559 needs to maintain access to the sanitary sewer. Additional utilities include a critical 36-inch diameter water transmission main as well as large diameter sanitary sewer mains within East Jefferson Drive. Hence, vacating this right-of-way is not feasible until further utility location study is performed at the applicant's expense for review by the department. Public Works Department The Englewood Public Works Department does not support the vacation of right-of-way request. In the current street configuration, maintaining line of sight may severely limit the ability to redevelop the property independent of the right-of-way issue. In 2019, the Denver Regional Coalition of Governments (DRCOG) implemented a new funding and application process for allocation of federal transportation funds to regional and sub- regional projects. The previous process required all local agencies within the DRCOG region to compete for allocation of federal funds. The revised process allocates federal funding to each county (sub-regional), based on population. Englewood received funding for two projects that are relevant to this request: 1. US 285/Broadway Intersection Reconstruction. This project would reconstruct the Broadway bridge over US 285 to widen it allowing for lengthened turn lanes to US 285 as well as to provide improved pedestrian and bicyclist access. This would necessitate reconstructing all four of the entrance/exit ramps. The widened bridge would also accommodate three lanes of traffic in both directions on US 285, thus eliminating a significant bottleneck on US 285. Improved bicycle & pedestrian connections will also be provided through this area. While the reconstruction will not expand south to the area requested, Jefferson Drive will likely be altered as part of this project in this area. Englewood is developing multi-modal improvements that include: upgrading existing sidewalks, adding missing sidewalks, and minor shifting of the roadway alignment, bike lanes, and utility/drainage work related to other improvements are also possible as part of this overall project within the immediate area of the vacation of right-of-way request. Until a time that this reconstruction project is finalized along with the congestion mitigation and alternatives analysis study in this corridor, it is not advisable to determine final/new right-of-way at this time along East Jefferson Drive. 2. US 285 Congestion Mitigation and Alternatives Analysis Study. US 285 connects transit, motorists, pedestrians and cyclists to other major arterials, trails, transit lines and highways. Currently 64,000 vehicles rely on this east/west connection daily and this number is expected to increase by approximately 30% by 2040. With such a substantial increase of traffic and limited right-of-way, this study will examine how to move vehicles through the corridor more efficiently and safely. The DRCOG Congestion Mitigation Toolkit would be used to address recurring & non-recurring congestion through various mitigation strategies including: active roadway management, travel demand management/alternative travel modes, and physical roadway capacity. Missing segments in the pedestrian network and opportunities to improve multi-modal connections will also be evaluated. Improvements will be prioritized for implementation based on benefit provided, ease of implementation, and cost. Once the Congestion Mitigation and Alternatives Analysis study is completed, the US 285/Broadway interchange reconstruction project advances, further utility location study Page 238 of 559 occurs, and easements provided or utilities moved to a different location in conjunction with the city Utilities Department, a portion or all of this requested right-of-way vacation could be re-evaluated at a future date. However, at this time city staff is unable to support this request. FINANCIAL IMPLICATIONS: Financial implications are unknown. There is no new construction proposed at this time. Cost estimates to relocate utility lines, secure easements, or purchase back right-of-way for drainage or other capital projects cannot be quantified at this time. ATTACHMENTS: Council Bill #61 Exhibit A: Right-of-Way Survey Map Exhibit B: Xcel Energy Comments Exhibit C: Century Link Comments Exhibit D: Utility Map Exhibit E: 10.20.2020 Planning and Zoning Commission Minutes 10.20.2020 Planning and Zoning Commission Staff Report Fasing Application Materials PowerPoint Presentation Page 239 of 559 Page 1 of 3 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 61 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER ANDERSON AN ORDINANCE AUTHORIZING THE VACATION OF APPROXIMATELY 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY IN THE NORTHEAST QUARTER OF SECTION 3, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, IN THE CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO, TO KEVIN FASING AND CALEY DOW. WHEREAS, Kevin Fasing and Caley Dow, property owners of 3649 South Grant Street, Englewood, Colorado have requested the City vacate its legal interest in approximately 4,000 square feet of right-of-way for East Jefferson Drive, such right-of-way located in the Northeast Quarter of Section 3, Township 5 South, Range 68 West of the 6th Principal Meridian to allow for construction of additional housing; WHEREAS, the legal description of the right-of-way for which vacation of legal interest is requested is as follows: 24.22 feet NE from and parallel to the NE boundary of Lot 4, Block 3 of AW Hiner's Subdivision and that portion of Lot 4, Block 3 of Higgins Broadway Addition described as follows: Beginning at the Northwest corner of Lot 4, Block 3 of AW Hiner's Subdivision, thence North 26.59 feet to the Southwesterly line of Jefferson Drive; thence Southeasterly along the Southwesterly line of Jefferson Drive 50.37 feet to the North line of Lot 4, Block 3 of AW Hiner's Subdivision; thence along the North line of Lot 4, Block 3 of AW Hiner's Subdivision 42.78 feet to the point of beginning, then South to the NE and NW corners of said property. As shown on Exhibit A, Attached hereto. WHEREAS, Xcel Energy has acknowledged that it has/maintains utility facilities within the right-of-way proposed for vacation, and such comments are set forth on Exhibit B attached hereto; WHEREAS, Century Link has confirmed it has/maintains aerial copper cable in the alley running North from East Kenyon Avenue to East Jefferson Drive, such alley located on the NW corner of the area proposed for vacation, and requesting such utility infrastructure continue to be protected from any future development within the vacation area, as shown on Exhibit C attached hereto; WHEREAS, the City of Englewood has not received any further notification from private utilities regarding existing facilities located within the proposed vacation area; WHEREAS, the City of Englewood currently maintains an eight-inch (8") sewer line within the alley which runs along the eastern portion of the proposed vacation, and for which Page 240 of 559 Page 2 of 3 the applicant shall provide a utility easement/reservation consisting of seven and one-half feet (7.5') on either side of the sewer line as measured from the center line of said sewer pipe for a total width of fifteen feet (15'), as set forth in the City of Englewood 2020 Design and Construction Standards and Specifications, Section 1.3.8.4, and as shown on Exhibit D attached hereto; WHEREAS, no other property owners abut the roadway right-of-way requested to be vacated; WHEREAS, on October 20, 2020 the Englewood Planning and Zoning Commission heard testimony regarding the vacation and voted to move the application to the Englewood City Council for further action, as shown on Exhibit E attached hereto; and WHEREAS, the notice of a Public Hearing was published on November 5, 2020, and a public hearing was held by the Englewood City Council on November 16, 2020. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council, after being duly and fully informed so as to understand the true nature of this application for vacation of right-of-way and the propriety of granting the same at a public hearing held on November 16, 2020 makes the following findings: 1. That due and legal notice has been given by publication in the City's official newspaper and by posting on the City's website on November 5, 2020. 2. No private rights will be injured or endangered by the vacation of a portion of East Jefferson Drive, no land will be left without access to a public roadway, and the public will suffer no loss or inconvenience thereby, and the land to be vacated is no longer necessary for the public use and convenience. 3. In justice to the applicant, the request of the applicant ought to be granted. 4. No written objection to said vacation has been filed with the City by an owner or adjoining owner who would be a proper party to the action requested by the applicant. 5. That all existing rights-of-way and/or easements, whether owned by the City or private companies for public utilities or public service facilities currently in existence shall be reserved, maintained and not disturbed by any future development of the property. 6. That the applicant shall provide to the City a 15-foot (15') utility/sewer easement for the existing sewer line in accordance with the City of Englewood 2020 Design and Construction Standards and Specifications, Section 1.3.8.4, and such easement shall be on file prior to the issuance of any building permit upon the property. Section 2. The City Council of the City of Englewood, Colorado, hereby incorporates the recitals as set forth above within this ordinance, and approves the Page 241 of 559 Page 3 of 3 vacation of the City’s legal interest in the roadway right-of-way as shown on Exhibit A, attached hereto, subject to those reservations set forth in Section 3, below. Section 3. This order approving this requested vacation reserves to the City and the owners of any lesser property rights for public utilities, rights-of-ways and easements for public service facilities originally held in such plat, street, alley, easement or established within the public reservation that are in existence and use as of the day upon which this Ordinance is approved. Section 4. This Ordinance shall take effect and be in force from and after publication in accordance with § 40 of the Home Rule Charter of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of December, 2020. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of December, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of December, 2020 for thirty (30) days. Read by Title and passed on final reading on the 4th day of January, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the 7th day of January, 2021. Published by title on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Page 242 of 559 Exhibit APage 243 of 559 EXTERNAL - STOP & THINK before opening links and attachments. From:Martinez, Robyn M To:Wade Burkholder; James.Elkins@CenturyLink.com Subject:RE: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Date:Wednesday, October 7, 2020 4:14:29 PM Attachments:image001.jpg image003.jpg USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. Hi Wade, Xcel Energy has no objection to this row vacation as long as utility rights are maintained for existing facilities within the vacation area. Should you have any questions please do not hesitate to contact me Thank you, Robyn Martinez Xcel Energy Contract Right-Of-Way Agent O: 303.716.2043 E: robyn.m.martinez@xcelenergy.com XCELENERGY.COM Please consider the environment before printing this email. From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Monday, September 28, 2020 9:32 AM To: James.Elkins@CenturyLink.com; Martinez, Robyn M <Robyn.M.Martinez@xcelenergy.com> Cc: Wade Burkholder <wburkholder@englewoodco.gov> Subject: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Good Morning: The City of Englewood has received the attached right of way vacation request for a portion of E. Jefferson Avenue adjacent to the residential property at 3649 S. Grant Street. Please forward me your findings of acceptance or non-acceptance of this right of way request from your respective utilities operations by close of business October 9th, 2020. If you have any questions please do not hesitate to contact me. Best Regards, Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 Exhibit B Page 244 of 559 From:Elkins, James To:Wade Burkholder Subject:RE: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Date:Thursday, November 5, 2020 7:51:23 AM USE CAUTION: This email originated from outside of the organization. DO NOT CLICK LINKS or OPEN ATTACHMENTS unless you have verified the sender and know that the content is legitimate. There is an aerial copper cable take runs down the alley from E Keyon Ave north to E Jefferson Drive. Any questions please call. Thank you James Elkins |OSP Field Engineer MOUNTAIN, LTD. Cell: 720-545-6037 801 W Mineral Ave. Suite 100 Littleton, CO 80120 james.elkins@lumen.com From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Wednesday, November 4, 2020 1:08 PM To: Elkins, James <James.Elkins@CenturyLink.com> Subject: FW: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Importance: High Hello, I am following up on the request sent on September 28th regarding a request for vacation of right of way, see below, I was hoping to have an answer as to whether there are Century Link utilities in this location that need to be accounted for in this request. This is going to be going to City Council for recommendation and I will need an answer no later than Thursday at 5pm. Thank you. Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 wburkholder@englewoodco.gov | o: 303.762.2341 From: Wade Burkholder Sent: Monday, September 28, 2020 9:32 AM To: James.Elkins@CenturyLink.com; robyn.m.martinez@xcelenergy.com Exhibit C Page 245 of 559 Cc: Wade Burkholder <wburkholder@englewoodco.gov> Subject: SUB2020-017 3649 S GRANT ST Englewood Right of Way Vacation Request Good Morning: The City of Englewood has received the attached right of way vacation request for a portion of E. Jefferson Avenue adjacent to the residential property at 3649 S. Grant Street. Please forward me your findings of acceptance or non-acceptance of this right of way request from your respective utilities operations by close of business October 9th, 2020. If you have any questions please do not hesitate to contact me. Best Regards, Wade Burkholder|Planning Manager City of Englewood | Community Development Department 1000 Englewood Parkway Englewood, CO 80110 wburkholder@englewoodco.gov | o: 303.762.2341 This communication is the property of Lumen Technologies and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. Page 246 of 559 U /vaouwmrv rots:2 Am/Mu: ‘ VNE 561104 mm,Propos ,9.W.2...;24.22 I. 5“28.4 fea caucus:VA ansmzm Em Exhibit D Page 247 of 559 MINUTES Planning and Zoning Commission Meeting Tuesday, October 20, 2020 COMMISSIONERS PRESENT:Daryl Kinton Mike Freemire Michele Austin Kate Fuller Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT:Cate Townley Judy Browne STAFF PRESENT:John Voboril, Senior Planner Guy Norris, Traffic Engineer Konad Krori, Engineer IV Tim Hoos, Capitals Projects and Engineering Manager Wade Burkholder, Planning Manager Dan Poremba, Chief Redevelopment Officer Dugan Comer, Deputy City Assistant 1.Call to Order The virtual meeting was called to order by Chair Freemire at 7:00 pm. 2.Approval of Minutes Draft October 6, 2020 Mintues Moved by Member Diane Lipovsky Seconded by Member Kate Fuller MOTION TO APPROVE THE OCTOBER 6, 2020 MINUTES AS APPROVED. For Against Abstained Daryl Kinton x Mike Freemire x Michele Austin x Kate Fuller (Seconded By)x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By)x Exhibit E Page 248 of 559 Planning and Zoning Commission October 20, 2020 Colin Haggerty x 7 0 1 Motion CARRIED. 3.Public Forum Kevin Fasing, 3649 South Grant Street, addressed the Commission regarding his application. 4.Case SUB2020-017 Vacation of Right of Way 3649 South Grant Street Staff: Wade Burkholder, Planning Manager Moved by Member Colin Haggerty Seconded by Member Michele Austin MOTION TO RECOMMEND CITY COUNCIL APPROVE CASE SUB2020-017 TO VACATE APPROXIMATELY 4,000 SQUARE FEET OF EAST JEFFERSON DRIVE RIGHT-OF-WAY. For Against Abstained Daryl Kinton x Mike Freemire x Michele Austin (Seconded By)x Kate Fuller x Carl Adams x Noel Atkins x Diane Lipovsky x Colin Haggerty (Moved By)x 1 7 0 Motion DEFEATED. Commissioner's based their denial on the following: 1.Viable use of the property per the Unified Development Code remains without vacation of the right-of-way. 2.Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate multi-modal transportation improvements. Page 249 of 559 Planning and Zoning Commission October 20, 2020 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. 5.CityCenter Redevelopment Staff: John Voboril, Senior Planner 6.Staff's Choice 7.Attorney's Choice 8.Commissioner's Choice 9.Adjourn The meeting adjourned at 9 p.m. Nancy Fenton, Staff Liaison Nancy G Fenton Digitally signed by Nancy G Fenton Date: 2020.11.09 17:40:06 -07'00' Page 250 of 559 TO: Planning and Zoning Commission THRU: Brad Power FROM: Wade Burkholder DATE: October 20, 2020 SUBJECT: CASE NUMBER: Fasing/Dow - Vacation of Right of Way SUB2020-017 APPLICANT(s): Kevin Fasing & Caley Dow 3649 South Grant Street Englewood, CO 80113 PROPERTY OWNER(S): Kevin Fasing & Caley Dow 3649 South Grant Street Englewood, CO 80113 PROPERTY ADDRESS: 3649 South Grant Street Englewood, Colorado 80110 LEGAL DESCRIPTION: 24.22 feet NE from and parallel to the NE boundary of Lot 4 Block 3 of A W Hiner’s Subdivision and that portion of Lot 4 Block 3 of Higgins Broadway Addition described as follows: Beginning at the Northwest corner of Lot 4 Block 3 of A W Hiner’s Subdivision thence North 26.59 feet to the Southwesterly line of Jefferson Drive; thence Southeasterly along the Southwesterly line of Jefferson Drive 50.37 feet to the North line of Lot 4 Block 3 of A W Hiner’s Subdivision; thence along the North line of Lot 4 Block 3 of A W Hiner’s Subdivision 42.78 feet to the point of beginning; also known as 3649 South Grant Street, Englewood, CO 80113, then South to the NE and NW corners of said property. REQUEST: The applicant requests a portion of East Jefferson Drive right of way, approximately 4,000 square feet, be vacated from public use for the purpose of constructing additional housing on this parcel per the information provided within the application. Page 251 of 559 BACKGROUND: The parcel at 3649 South Grant Street is .1780 acres (7,754 square feet) in size and located within the R-2-B Zone District. The existing one-story ranch structure was built in 1951 and is 830 square feet in size. ANALYSIS: Zoning The residence is situated on a corner lot (East Jefferson Drive and South Grant Street) and UDC Section 16-6-1.D.2.a Residential Corner Lot Regulations applies, stating: "On rectilinear blocks, the minimum front setback requirement stated in Table 16-6-1.1 shall apply to the side lot that abuts the long side of the block. For all other block or lot configurations, the City Manager or designee shall determine to which side the minimum front setback applies. Appeals to the City Manager or designee's determination shall be to the Planning and Zoning Commission." That said, the 25' front yard setback would be measured from the South Grant Street frontage; the East Jefferson Drive frontage is considered a side yard requiring only a 5' setback. This orientation is important as construction of anything other than a single family residence under urban lot regulations on this parcel would likely trigger the need for variance approvals by the Board of Adjustment and Appeals for lot width, front yard setback and likely rear yard setback requirements. Duplex construction requires a lot width of 25' per unit or 50' total (only 20.82' exists), given the configuration of the lot and the existing lot frontage of 20.82', this parcel is classified as a nonconforming urban lot. Granting the vacation of the right-of-way request would potentially create a 50' lot width along South Grant Street and would then qualify this parcel for construction of a duplex upon successful subdivision of the parcel. It is unclear at this time whether any remaining setback dimensions would need to be varied. However, as mentioned later in this communication, utility obstructions, further right-of-way projects, and soil stability concerns are also present. Urban lots are classified as lots with less than 3,000 square feet of lot area or less than 25 feet of lot width. Since the urban lot contains a single family house that has existed since before February 2004, the applicant could rebuild a new existing single family house pending setback requirements are in compliance. If the urban lot were vacant, then a public hearing is required before the Planning and Zoning Commission to permit a new structure to be built on the parcel. Therefore, all zoning use of the property will not be lost if the right-of-way vacation is not granted. Specifically in the application, the applicant states, "The Department of Community Development has maintained that they will not grant a variance for our property to "increase density." For clarification, the Community Development Department does not grant variances, the department staff evaluates applications and makes a recommendation to the Board of Adjustment and Appeals (BOAA) based upon criteria identified in the code in Section 16-2-16.F Criteria for Considering a Zoning Variance. Subsequently, the BOAA, "shall not consider a zoning variance application to allow additional dwelling units in residential districts above the maximum number permitted by zone district standards for lot area and lot width" per requirements in Section 16-2-16.A.5 Jurisdiction/Scope for Zoning Variances. Since the lot width on this parcel is only 20.82' the BOAA shall not consider an application allowing additional dwelling units since the maximum number of dwelling units permitted by lot width standard is one. Therefore, per the Unified Development Code, staff is unable to accept a BOAA request under the current lot configuration at this time for additional density as this type of application is not within the Board's jurisdiction. Page 252 of 559 Soils Given the history of the site as a wetlands marsh per the applicant and testimony on the condition of the current structure and apparent settling, the soils in this area may not be conducive to additional housing on this parcel. A geotechnical soils survey would be conducted prior to any further development on this parcel to establish what remediation techniques should occur prior to any new structure being built. City Utilities Department The Englewood Utilities Department does not support the vacation of right-of-way request as there are multiple buried city owned/maintained wet utilities in the alley to the west of the applicant's property and in the East Jefferson Drive right-of-way on the north side of the property. The city’s existing 8 inch sanitary sewer main appears to be about 10 feet west of the west side fence and hence the sewer main falls within the west side property line as shown on the Improvement Survey Plat which was included as part of the submittal package. The city needs to maintain access to the sanitary sewer. Additional utilities include a critical 36 inch diameter water transmission main as well as large diameter sanitary sewer mains within East Jefferson Drive. Hence, vacating this ROW is not feasible until further utility location study are performed at the applicant's expense for review by the department. Public Works Department The Englewood Public Works Department does not support the vacation of right-of-way request. In the current street configuration, maintaining line of sight may severely limit the ability to redevelop the property independent of the right-of-way issue. In 2019, the Denver Regional Coalition of Governments (DRCOG) implemented a new funding and application process for allocation of federal transportation funds to regional and sub- regional projects. The previous process required all local agencies within the DRCOG region to vie against each other for allocation of federal funds. The revised process allocates federal funding to each county (sub-regional), based on population. Each county then created a transportation forum to determine a process for allocating their federal funds, in conjunction with DRCOG staff and local municipalities. A technical committee, comprised of staff, and an executive committee, made up of elected officials, were created for each forum. This process began in summer 2017. Englewood is a member of the forum through an Intergovernmental Agreement (IGA) which was approved by the City Council on June 4, 2018. Approximately $208.6M in DRCOG-allocated federal funds is available for the sub- regional projects. Of this amount, $44.093M has been allocated for distribution by the Arapahoe County Transportation Forum. The City submitted three projects for consideration by the Arapahoe County Transportation Forum on February 27, 2019. Two of the relevant projects to this request are explained below: 1. US 285/Broadway Intersection Reconstruction This project would reconstruct the Broadway bridge over US 285 to widen it to allow for lengthened turn lanes to US 285 as well as to provide for improved pedestrian and bicyclist access. This would necessitate reconstructing all four of the entrance/exit ramps. The widened bridge would also accommodate three lanes of traffic in both directions on US 285 thus eliminating a significant bottleneck on US 285. Improved bicycle Page 253 of 559 & pedestrian connections will also be provided through this area. The application requested funding for environmental clearance, design and construction. CDOT agreed to contribute $800,000 toward this project conditioned on the removal of the existing traffic signal at US 285 and Sherman Street to improve the safety and capacity of US 285. 2. US 285 Congestion Mitigation and Alternatives Analysis StudyUS 285 connects transit, motorists, pedestrians and cyclists to other major arterials, trails, transit lines and highways. Currently 64,000 vehicles rely on this east/west connection daily and this number is expected to increase by approximately 30% by 2040. With such a substantial increase of traffic and limited right of way, this study will examine how to move people through the corridor more efficiently and safely. The DRCOG Congestion Mitigation Toolkit would be used to address recurring & non-recurring congestion through various mitigation strategies including: active roadway management, travel demand management/alternative travel modes, and physical roadway capacity. Missing segments in the pedestrian network and opportunities to improve multi-modal connections will also be evaluated. Improvements will be prioritized for implementation based on benefit provided, ease of implementation, and cost. Both projects were approved with federal funding amounts equal to the amount requested. The US 285 projects are relevant to this particular right of way vacation request. While the reconstruction will not expand south to the area requested, Jefferson Drive will likely be altered as part of this project in this area. Furthermore, Englewood is developing multi-modal improvements that include: upgrading existing sidewalk, adding missing sidewalks, and minor shifting of the roadway alignment, bike lanes, and utility/drainage work related to other improvements are also possible as part of this overall project within the immediate area of the vacation of right-of-way request. Until a time that this reconstruction project is finalized along with the congestion mitigation and alternatives analysis study in this corridor, it is not advisable to determine final/new right-of-way at this time along East Jefferson Drive. Non-City Utilities Xcel Energy has no objection to this ROW vacation as long as utility rights are maintained for existing facilities within the vacation area. Comcast has not responded at the time of this writing. Century Link has not responded at the time of this writing. COMMUNITY DEVELOPMENT RECOMMENDATION: Staff from the Department of Utilities, Public Works, and Community Development recommend the Planning and Zoning Commission forward a recommendation to City Council that the right- of-way vacation request be denied at this time due to the following reasons: 1. Viable use of the property per the Unified Development Code remains without vacation of the right-of-way. 2. Potential interference with existing city water and sewer transmission mains within the area of request. 3. The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate multi-modal transportation improvements. Page 254 of 559 4. The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. Upon completion of the Congestion Mitigation and Alternatives Analysis study, furtherance of the US 285/Broadway interchange reconstruction project and upon further utility location study occurring in conjunction with the City Utilities Department, a portion or all of this requested right- of-way vacation may be re-evaluated at a future date. However, at this time city staff is unable to support this request. ATTACHMENTS: 1. Application Package for Vacation of Right-of-Way 2. Enlarged Site Plan 3. City review comments 4. Xcel review comments Page 255 of 559 Page 256 of 559 Kevin Fasing & Caley Dow 3649 South Grant Street Englewood CO 80113 TO: City of Englewood Application for Vacation of Right-of-Way A parcel of land described as follows: 24.22 feet NE from and parallel to the NE boundary of Lot 4 Block 3 of A W Hiner’s Subdivision and that portion of Lot 4 Block 3 of Higgins Broadway Addition described as follows: Beginning at the Northwest corner of Lot 4 Block 3 of A W Hiner’s Subdivision thence North 26.59 feet to the Southwesterly line of Jefferson Drive; thence Southeasterly along the Southwesterly line of Jefferson Drive 50.37 feet to the North line of Lot 4 Block 3 of A W Hiner’s Subdivision; thence along the North line of Lot 4 Block 3 of A W Hiner’s Subdivision 42.78 feet to the point of beginning; also known as 3649 South Grant Street, Englewood, CO 80113 then South to the NE and NW corners of said property. Background Today our property is located in the Medical District and is zoned R2B. The Comprehensive Plan calls for mixed use transition buildings on our block, specifically high- and medium-density housing and office/retail space. R2B zoning allows for one unit per 25 feet of frontage and per 3000 square feet of area (among other restrictions). Every single property in the entire Medical District except for our property either currently has a multi-unit structure, or a multi-unit structure can be built and still comply with land use regulations. However, due to the irregular shape of the lot and its 20.82 feet frontage, the current 830 square foot structure on our property is the only structure that is legally allowed on this lot. This is a significant hardship. The department of Community Development has maintained that they will not grant a variance for our property to “increase density”. Additionally, the structure today has irreparable foundational damage. Historical US Geological Survey maps show that the land that the structure currently sits on was for all of natural history a wetland marsh adjacent to Little Dry Creek. You can also see on old city maps that before 1950 there was an irrigation ditch that flowed through what is now the alley to the west of the property and drained into that wetland ditch. When the block was developed in 1950, developers thought it wise to backfill that wetland and fit one more house on the end of the block. This is why the house sits about 20 feet below the house next door and has experienced significant land and foundational settling over the years. The proximity to US 285 – which didn’t exist when the house was built – and the resulting seismic activity has also likely contributed to the extensive foundational damage. Higgins Broadway Addition, the original subdivision on which the area in question lies, was dedicated in 1916. In 1928, a Danish immigrant named Chris Sorensen bought Lot 4 Block 3 and the north 16.23 feet of Lot 3 Block 3 Higgins Broadway Addition (Attachment 9). Mr. Sorensen died in 1930. In 1931, Arapahoe County placed a tax lien on the south 100 feet of Lot 4 Block 3 and the north 16.23 feet of Lot 3 Block 3, and later sold that parcel through a tax sale. Then, in 1950, three individuals that owned the majority of Higgins Broadway Addition Blocks 3 and 4 re-subdivided the land and platted the AW Hiner’s Subdivision. The north 211 feet of Lot 4 Block 3 Higgins Broadway Addition is “excepted” from the AW Hiner’s Subdivision plat. This plat called Page 257 of 559 for a 100-foot wide right of way through the subdivision except through the portion of Higgins Broadway Addition Lot 4 Block 3 owned by Mr. Sorensen at the time of his death. Neither Arapahoe County nor the City of Englewood has any record defining ownership of this plot of land. In 1963 the Estate of Chris Sorensen filed a civil complaint in Arapahoe County probate court to determine what remnants of Mr. Sorensen’s property they inherited (Attachment 10). This is how the parcel of land shown on the survey and described as “that portion of Lot 4 Block 3 of Higgins Broadway Addition…” was created. The 1963 probate decision did not establish ownership of the rest of Lot 4 Block 3 of Higgins Broadway Addition, as this was not the purpose of the complaint. The Sorensen estate then sold that parcel to a past owner of Lot 4 Block 3 AW Hiner’s sub (aka 3649 S. Grant St), who then combined the two parcels into one legal property as it is described today. The reason the grantees of the AW Hiner’s Subdivision dedicated a 100-foot wide right of way (only through the AW Hiner’s Subdivision) was because the city had planned in 1950 to create a parkway along Little Dry Creek from City Park to Clarkson Street. There are still some remnants of this 100-foot wide ROW dedication through the city that are utilized for the US 285 bypass, however E. Jefferson Drive is the only street that is actually paved and used as a residential street. At the time of the dedication of AW Hiner’s Sub, State Highway 70 traveled through (Old) Hampden Ave. In 1956 SH 70 was re-routed using part of the original parkway dedication from Cherokee to Broadway, then east on Jefferson Ave. When it was clear that the parkway would not be built to completion, the city vacated a portion of the Jefferson Drive ROW (then Hampden/Erickson Drive) to the owner of 3630 S. Sherman Street (Attachment 11). In 1959 the city paved E. Jefferson Drive (Attachment 12). Please note on the paving district map from 1959 where the CDOT-owned right of way line begins, as what was then SH 70. Then in 1969 US 285 was re-routed and took the place of SH 70 through Englewood. This history tells us three things: that the ROW through the parcel of land in Higgins Broadway Addition Lot 4 Block 3 owned by Mr. Sorensen was never properly obtained, the ROW which was originally planned became obsolete very soon after it was dedicated, and that the city essentially declared the portion of the ROW 24.22 feet from the original AW Hiner’s property lines was not necessary for public use. Plans See attachments 1-6 for surveys, plans, and images. The arrows on the images represent the boundary of the proposed ROW vacation. Note this area has never been in public use and is maintained by us. Please also note that while the original survey did not include the triangle shaped parcel of land in the Higgins Broadway Addition in our property, we have since filed a corrective warranty deed claiming legal ownership of that parcel at the advice of our attorneys and our title company. Updated deeds are included in attachments 7-8. Justification The purpose of this proposed ROW vacation is to allow this unused land that was originally planned for use by automobiles to be developed to meet the needs of human beings, specifically housing. The public purpose for which the ROW was originally acquired was never and is not now valid or necessary for public use. Not only would the vacation provide a greater public benefit by allowing more housing to be built per the city’s own assessment of its needs, but refusal to vacate the existing ROW would exacerbate the existing hardship to use the property consistent with the Englewood Unified Development Code, the Englewood Zoning map, and the goals described in the Englewood Forward 2016 Comprehensive Plan. The specific goals that will be accomplished by this ROW vacation are many, and include: Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Page 258 of 559 • Objective Live-1.1. Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. • Objective Live-1.2. Allow for housing investments that improve the housing mix and serve different lifecycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. Goal Live-2: Provide an environment for the improvement of the quality of the City’s existing housing stock. • Objective Live-2.1. Encourage home ownership and property improvement, including home additions by making city regulations and rules resident and business friendly and streamline application and approval process. • Objective Live-2.2. Facilitate the upgrade or replacement of substandard residential units by making city regulations and rules resident and business friendly and streamline application and approval process. Goal Live-3: Recognize and enhance the relationships between land use and the transportation system. • Objective Live-3.1. Capitalize on opportunities for redevelopment associated with obsolescent land uses in proximity to major transportation investments. • Objective Live-3.2. Facilitate a range of pedestrian-oriented, mixed-use development that includes residential, industrial, office, and supporting retail along primary mass transit routes, such as the light rail corridor and Broadway bus route. • Objective Live-3.3. Encourage land use patterns and urban designs that reduce dependency on automobiles. Goal Work-2: Build, attract, and retain a quality workforce. • Objective Work-2.2. Create and maintain workforce housing meeting the needs of both employers and employees. • Objective Work-2.4. Offer access to transit and alternative modes of transportation, parks, trails, and other lifestyle amenities that attract and retain the skilled talent that drives business location decisions. Goal Work-3: Encourage a regional balance of jobs to housing in order to reduce vehicle miles traveled, traffic congestion, and commuting times, and to improve air quality. • Objective Work-3.1. Encourage mixed-use developments that include both housing and business employment opportunities where appropriate. • Objective Work-3.3. Improve physical connections between existing employment centers and housing, and connect in-commuting workers with housing opportunities within the City Goal Move-2: Improve environmental quality and safety as it relates to the transportation system. • Objective Move-2.1. Utilize a variety of traffic calming and speed reduction methods to slow traffic on collector routes and on adversely impacted local residential streets. • Objective Move-2.3. Promote use of alternative transportation modes to improve air quality. Goal Learn-5: Promote conservation of energy and improve air quality for city operations and residences and business in Englewood. • Objective Learn-5.1. Promote and encourage transportation alternatives to the automobile, including mass transit, bicycling, and walking. While the city has not provided specific criteria by which this application will be judged - despite repeated requests - there are two models to guide the city’s decision. The first is the city’s own rationale for past ROW vacations, most recently 2018 Council Bill 23. The only reason the city gave for vacating the ROW in this bill Page 259 of 559 was “To facilitate the development.” It should be noted that this ROW vacation in 2018 involved an alley that was in public use at the time and also required multiple easement dedications, and relocations of multiple utilities including sanitary sewer, stormwater drainage, electric, gas, cable and phone lines, as well as historic water rights and old city ditch remnants. The ROW in the current proposal has no utilities and has never been utilized by the public since historical records began in the late 1800s. The other statute that applies to this proposal is Colorado Revised Statute Title 43. State law requires that a ROW vacation would not: eliminate physical or legal access to any property, eliminate physical or legal access to any utilities, negatively impact the existing or future road, or create an isolated right of way. As ours is the only property abutting this section of ROW, this proposal fulfills those requirements. The only rationale for denying this proposal that city staff have shared with us are: “The City in conjunction with the Colorado Department of Transportation, has recently started a project that will widen US285 (Hampden Av) so at this time it is pre-mature to consider any right of way vacations in this area.” – Paul Weller, formerly with the Department of Public Works, and Wade Burkholder of Community Development And, “While we understand the concern and the lack of consistency between a right of way vacation the City did in 1956 and staff’s stance today, City staff does not feel it is prudent to sell or release land along a roadway that could potentially be widened.” – Shawn Lewis, City Manager These comments are not valid for several reasons. First, there is no goal in the Englewood Forward 2016 Comprehensive Plan that is consistent with widening residential streets at the expense of the housing needs of the community. Second, CDOT has said that the US-285/Broadway project will not extend east of S. Sherman St., nor will they approve any plan to do so (Attachments 13-14). CDOT owns the right-of-way north of 3630 S. Sherman, not the City of Englewood. Third, it would be a tremendous waste of resources to widen an existing street for only a few feet since any potential widening would run into the private property line of 3630 S. Sherman that the city established in 1956. Additionally, CDOT has recommended the elimination of the S. Sherman US 285 intersection, thus making E. Jefferson Drive even more obsolete (Attachment 14). And lastly, it would likely be illegal to do so. The City of Englewood, through a Colorado Open Records Act request, has admitted that it has no record of legal acquisition of the Higgins Broadway Addition parcel through which E. Jefferson Dr. is paved (Attachment 15). As described in the account above, there was never any dedication, easement granted, or eminent domain proceedings to build the road through Higgins Broadway Addition Lot 4 Block 3. While the city claims ownership of this property as it is today, any attempts by the city to widen a street onto land that it neither maintains nor has legal claim to will be challenged in court. Without the proposed right-of-way vacation to alleviate the hardship described in this application and provide equal property lines and equitable access to development, this property will not only fail to meet the goals set forth in the Englewood Comprehensive Plan, but it will quickly become unusable to the community. Rejection of this application would deprive the community of much needed housing opportunities and deny the city of a significant source of tax revenue. Page 260 of 559 Page 261 of 559 Page 262 of 559 Page 263 of 559 Page 264 of 559 Page 265 of 559 Page 266 of 559 Page 267 of 559 Page 268 of 559 Page 269 of 559 Page 270 of 559 Page 271 of 559 Page 272 of 559 Page 273 of 559 Page 274 of 559 Page 275 of 559 Page 276 of 559 Page 277 of 559 Page 278 of 559 Page 279 of 559 Page 280 of 559 Page 281 of 559 Page 282 of 559 Page 283 of 559 Page 284 of 559 Page 285 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…1/7 https://i.imgu W CMdGB.png https://i.imgu W CMdGB.png Re: CORA Request #: 20-042 City Clerk <CityClerk@englewoodco.gov>Wed, Aug 19, 2020 at 9:11 AM To: Cc: City Clerk <CityClerk@englewoodco.gov> Hi Kevin, The Community Development Department does not have any record defining ownership per the request. Their best advice is to contact a title company to provide research for the requester. I am going to reach out to the public works department as well to see if they might have any knowledge or records related to the request as well. Thank you, City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: City Clerk <CityClerk@Englewoodco.gov> Sent: Wednesday, August 19, 2020 8:48 AM To: Subject: Re: CORA Request #: 20-042 Hi Kevin, I'll follow up with community development on this today and try and see if they can give you clarification on your question. Thanks, City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 286 of 559 Page 287 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…3/7 https://i.imgu W CMdGB.png https://i.imgu W CMdGB.png 'Please provide proof that this right of way was dedicated or an easement was granted through Lot 4 Block 3 of Higgins Broadway Addition.' According to the A.W. Hiner’s Subdivision approved by the Planning Commission of the City of Englewood Colorado on the 12th day of May 1950 there is a 100’ right of way dedication to the City of Englewood as a part of the resubdivision of part of Blocks 3 and 4, Higgins Broadway Addition. The plat notes do not mention any excepted portion of this shown right of way. The filed plat would be the recorded document that proves the right of way was dedicated. The plat is unclear as to what the excepted language is referring to. The Community Development Department does not have any other document or “proof” other than the subdivision depicting the dedication." If you have any questions please let us know. Thank you, City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: City Clerk <CityClerk@Englewoodco.gov> Sent: Wednesday, August 12, 2020 3:23 PM To: Wade Burkholder <wburkholder@englewoodco.gov> Subject: Re: CORA Request #: 20-042 Perfect. Thanks Wade! City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Wednesday, August 12, 2020 3:17 PM To: City Clerk <CityClerk@Englewoodco.gov> Subject: RE: CORA Request #: 20-042 Page 288 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…4/7 https://i.imgur.com/WuCMdGB.png https://i.imgur.com/WuCMdGB.png Hi Aaron, The following question was asked as part of this CORA request: “Please provide proof that this right of way was dedicated or an easement was granted through Lot 4 Block 3 of Higgins Broadway Addition.” According to the A.W. Hiner’s Subdivision approved by the Planning Commission of the City of Englewood Colorado on the 12th day of May 1950 there is a 100’ right of way dedication to the City of Englewood as a part of the resubdivision of part of Blocks 3 and 4, Higgins Broadway Addition. The plat notes do not mention any excepted portion of this shown right of way. The filed plat would be the recorded document that proves the right of way was dedicated. The plat is unclear as to what the excepted language is referring to. The Community Development Department does not have any other document or “proof” other than the subdivision depicting the dedication. Thanks Wade Burkholder, Planning Manager City of Englewood | Community Development 1000 Englewood Parkway Englewood, CO 80110 englewoodco.gov | 303.762.2341 From: City Clerk <CityClerk@Englewoodco.gov> Sent: Wednesday, August 12, 2020 12:04 PM To: Wade Burkholder <wburkholder@englewoodco.gov> Subject: Re: CORA Request #: 20-042 Hi Wade let me know when you have a response drafted and I'll send it over to the requester here. Thanks! -Aaron City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 Page 289 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…5/7 https://i.imgur.com/WuCMdGB.png City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: City Clerk <CityClerk@Englewoodco.gov> Sent: Wednesday, August 12, 2020 11:23 AM To: Wade Burkholder <wburkholder@englewoodco.gov> Subject: Re: CORA Request #: 20-042 Sure! City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Wednesday, August 12, 2020 11:19 AM To: City Clerk <CityClerk@Englewoodco.gov> Subject: RE: CORA Request #: 20-042 Can I stop by now? From: City Clerk <CityClerk@Englewoodco.gov> Sent: Wednesday, August 12, 2020 9:38 AM To: Wade Burkholder <wburkholder@englewoodco.gov> Subject: Re: CORA Request #: 20-042 Hi Wade, Page 290 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…6/7 https://i.imgur.com/WuCMdGB.png I'm actually handling CORA requests at this point Wade. Let me know when a good time for you to chat over the phone or in person is and we can get it all sorted out. I'm wide open today so just let me know! Thanks, Aaron Davis City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Sender and receiver should be mindful that all of my incoming and outgoing e-mails may be subject to the Colorado Open Records Act. From: Wade Burkholder <wburkholder@englewoodco.gov> Sent: Wednesday, August 12, 2020 9:35 AM To: City Clerk <CityClerk@Englewoodco.gov> Subject: RE: CORA Request #: 20-042 Jayde, are you handling this request? I’d like to talk this one over. I’ve talked with Dugan this morning about it. From: City Clerk <CityClerk@Englewoodco.gov> Sent: Monday, August 10, 2020 12:56 PM To: Wade Burkholder <wburkholder@englewoodco.gov>; Nancy Fenton <nfenton@Englewoodco.gov>; Will Charles <wcharles@englewoodco.gov>; Brad Power <bpower@Englewoodco.gov> Cc: City Clerk <CityClerk@Englewoodco.gov> Subject: CORA Request #: 20-042 Importance: Low Page 291 of 559 9/13/2020 Gmail - Re: CORA Request #: 20-042 https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1675467020201543436&dsqt=1&simpl=msg-f%3A16754670202015…7/7 Hello, We have received an Open Record Request regarding documentation from your Department for the following documentation: Name of Requester: Kevin Fasing Email: Documents/Information Requested: Dedication of right of way or easement for Hampden Drive located in Lot 4 Block 3 of Higgins Broadway Addition. Hampden Drive was also known as Erickson Drive at some point and now East Jefferson Drive. Hampden Drive was dedicated in 1950 on the AW Hiner's subdivision plat, but on that plat there is an area labeled "excepted" because it was owned by another party in the Higgins Broadway Addition. Please provide proof that this right of way was dedicated or an easement was granted through Lot 4 Block 3 of Higgins Broadway Addition. Please respond with your estimated research time to the City Clerk’s office as soon as possible. We will need to notify the requester and collect a deposit before proceeding if the request exceeds one hour of staff time. If the request will exceed one hour of staff time, please do not begin to work on this request unless told to do so. You may be asked to provide the following documentation on 12-August-2020 by 5 p.m. in PDF formatting. If you need an extension on the deadline please notify the City Clerk’s office. Please let me know if this needs to be sent to anyone else. Thanks, City Clerk’s Office City of Englewood 1000 Englewood Parkway Englewood, CO 80110 cityclerk@englewoodco.gov | o: 303.762.2430 City of Englewood’s Mission: To promote and ensure a high quality of life, economic vitality, and a uniquely desirable community identity. Page 292 of 559 9/13/2020 Gmail - Dialog case #67207 - CORA Request: Kevin Fasing [ ref:_00DF08MQ5._5002I29qwSb:ref ] https://mail.google.com/mail/u/0?ik=eae7601ff9&view=pt&search=all&permmsgid=msg-f%3A1676828534770193926&simpl=msg-f%3A1676828534770193926 1/1 Kevin Fasing <kevin.fasing@gmail.com> Dialog case #67207 - CORA Request: Kevin Fasing [ ref:_00DF08MQ5._5002I29qwSb:ref ] dot_info@1-2gvlwedkw6if59jnrs4p4b8fjkgm44p15u450cygi52kqk10ja.f- 8mq5mam.na10.case.salesforce.com <dot_info@1- 2gvlwedkw6if59jnrs4p4b8fjkgm44p15u450cygi52kqk10ja.f-8mq5mam.na10.case.salesforce.com> Thu, Sep 3, 2020 at 9:51 AM To: Good Morning Mr. Fasing: We are in receipt of your August 30, 2020 records request concerning US 285 expansion in Englewood. Regarding your request, please see the following comments from Region 1 Central Engineering staff: "See attached DRCOG information, R1 RDT to the City of Englewood, and executed IGA between CDOT and the City of Englewood. For US 285/Broadway Interchange Project, it is all around the interchange (between S. Cherokee Street and S. Sherman Street) and nothing east of S. Sherman Street. No final design is available now. The City of Englewood is in the process of selecting its design consultant through the RFP." Please consider your CORA request Closed. Andrew Hogle Records Request Officer Colorado Department of Transportation, Office of Communications 2829 W. Howard Place, Denver, CO 80204 P 303.757.9437 | F 303.757.9153 andrew.hogle@state.co.us | www.codot.gov | www.cotrip.org ref:_00DF08MQ5._5002I29qwSb:ref 3 attachments 2020-2023 TIP Englewood 285 Broadway_pdf.html 1K EXECUTED--OLA 23553 Englewood 331002116 JUN 24 2020_pdf.html 1K Englewood - Broadway Bridge_pdf.html 1K Page 293 of 559 \ \BOOK 956, \PAGE 193 \"-2:» \‘E0 \ASPHALT \ \ \ \ \<1: \8 HIGGINS BROADWAYADDITION (REMA/NDER PORT/O/v BLOCK 3,LOT 4) 3 510“3L0c§UBDN\WIRE FENCE END TO R's BOUNDARY 11'NE NORTH WOOD FENCE CORNER TO BOUNDARY 11.6‘EAST C5) OHE FRAME DECK TO BOUNDARY2.8’ 42.9’FL/FL / 0‘?A“. 1? ASPHALT COVERED CONCRETE 1STORY _ STUCCO S/DED °’1,?)‘ G 4‘X4'FRAME STRUCTURE 42.6‘FL/FL CONCRETE PADI '° BASEMENT ENTRY ROOF DRAIN FROM HOUSE NO.3659 DRAINS ONTO THE SUBJECT PROPERTY HOUSE CORNER TO T .-‘._-3BOUNDARY 4.7‘ 1 STORY CONCRETE I 4%g STUCCO S/DED PORCH 1 I ,,HOUSE I3 I51,BLOCK WALL I .''HE|GHT VARIES''@ 1 Ogi‘I'1 <I Lu 1 3}5 PERSONAL REPRESENTATIVES DEED RECEPT/ON NUMBER:E0043826 >- LL! :1‘ <‘“S”‘‘”‘‘“““““““““““““‘‘ ‘BOA ’ WOOD UTILITY POLE.2'+/-SOUTH OF THE SOUTH BOUNDARY WOOD FENCE CORNER 1'SOUTH OF THE SOUTH BOUNDARY HOUSE CORNER TO SOUTH BOUNDARY 5.2’.NOTE:THE 12.7’HO 1 A ‘* A 0.9’+/-EAVE OVER-HA I WIRE FENCE CORNER 1. THE SOUTH BOUNDARY NORTHEAST CORNER O Propos 3535:::J;::;“24.22 I’ :28.4 fee A ASPHALT '_‘_ .. JG /.‘.::'L‘B‘- E‘; ?1u}2 A»713E ASPHALT §.51.‘. W . |.: 2 S . <|.0:Lu"’EI |_l~ D U’3 ;O _ U)T; 34.9'FL/FL ASPHALT <3 0‘: LU;Page 294 of 559 City of Englewood Project Plan Review History 1Page10/15/2020 Project Number SUB2020-017 Vacation of ROW 3649 S GRANT ST ENGLEWOOD CO 80113-3705 Kevin Fasing/Caley Dow Project Name VACATION OF ROW Type Subtype Applied Approved Closed Expired Status 9/17/2020 WFB SLW Owner Applicant Kevin Fasing/Caley Dow Site Address City State Zip Parcel No A W HINERS SUB 47 x 129 003 004 Subdivision Tract Block Lot No 10/15/2020 2077-03-1-10-018 Zoning General Plan DENIEDStatus SUBDIVISION Type / Status / Contact / Notes Dates Sent Received ElapsedDue Remarks Building (303)762-2366 KERRY BABIN 9/28/2020 10/5/2020 (10/5/2020 4:37 PM KMB) Building has no comment regarding an alley vacation. 710/9/2020 kbabin@englewoodco.gov Comm Dev (303)762-2352 WADE BURKHOLDER 9/28/2020 10/9/2020 (10/9/2020 4:35 PM WFB) Should the right of way be granted, it appears a duplex could be applied for based upon successful subdivision of the lot and removal and relocation of any utilities that would be affected . Should the right of way be denied the parcel remains an legal nonconforming lot and several variances would likely be required to be granted by the Board of Adjustment and Appeals. Community Development staff supports other City Departments in their request to not approve this vacation of right of way request . 1110/9/2020 NOT APPROVED wburkholder@englewoodco.gov ENGINEERING (303)762-2505 ERIK JANSSEN 10/9/2020 10/9/2020 see notes (10/9/2020 4:23 PM EJJ) This vacation request cannot be supported at this time due to potential impacts and use of this property as part of the City’s upcoming US285/Broadway Interchange Reconstruction Project. The impacts are unknown at this time and will be further studied during the 30% design phase of the interchange project. The 30% design plans are expected to be complete by mid-2021 at which time the potential impacts will be further known 10/9/2020 NOT APPROVED ejanssen@englewoodco.gov ENGINEERING (303)762-2505 ERIK JANSSEN 9/28/2020 10/9/2020 VOIDED (EJJ 10/9/2020) (10/9/2020 4:11 PM EJJ) Subject parcel: 3649 S Grant St is legally described as Lot 4, Block 3, A.W. Hiner's Subdivision The ISP the applicant provided indicates that the west property line is located several feet inside the east edge of the existing physical alley. Using the dimensions from the A.W. Hiner plat (1950), which was a resubdivision of part of Higgins Broadway 1110/9/2020 NOT APPROVED ejanssen@englewoodco.gov WADE BURKHOLDERReport By: EGWD_PROJECT_REVIEWS Page 295 of 559 Type / Status / Contact / Notes Dates Sent Received ElapsedDue Remarks Addition (1916), I traced the outline for these plats (using GIS) on our most recent aerial photography. It appears that the ISP has accurately located the west property line for this parcel. County records (B956 P66 and P193) show that back in 1956, the City did a land swap with the neighbor to the west at 3630 S Sherman St; trading some right-of-way in exchange for a triangular piece of private property to better align the entrance to Erickson Drive (now called Jefferson Drive). ENGINEERING (303)762-2505 TIM HOOS 9/28/2020 10/9/2020 see notes (10/9/2020 4:12 PM EJJ) See notes provided by Erik Janssen 1110/9/2020 NOT APPROVED thoos@englewoodgco.gov Fire (303)762-2365 MICHAEL SMITH 9/28/2020 10/5/2020 No Comments 710/9/2020 mjsmith@englewoodgov.org Traffic (303)762-2512 GUY NORRIS 9/28/2020 10/7/2020 see notes (10/7/2020 11:24 AM GWN) Although the CDOT facility will not expand this far south , the local street of Jefferson Drive will likely alter in this area , as part of the interchange project. Englewood is also developing multi modal improvements. Reconstruction/upgrading of the existing sidewalk, add with the missing sidewalk to other side street, minor shift in the roadway alignment, bike lanes, utility/drainage work related to other improvements are all possible. It is likely that ROW north of this property could eventually be available . It is not advisable to determine final/new ROW lines at the moment. The shifting of the alley to claim “lost” ROW causes a safety hazard, impacting, neighbors, and would require infrastructure rebuilt including an inlet. At minimum, city should expect in an exchange of ROW, if the north ROW is given away, that the alley location will remain as is and the ROW issue would be resolved . Even if this lot’s total square footing is increase, the ability to redevelop the property for a different use would be limited . Beyond the shape of lot, skew/configuration of the Jefferson & Grant means much of the “extra” ROW would likely need to remain clear for proper sight distance. 910/9/2020 NOT APPROVED gnorris@englewoodco.gov UTILITIES (303)762-2647 KONAD KRORI 9/28/2020 10/14/2020 SEE NOTES (10/14/2020 4:44 PM KK) Following review comments issued by Englewood Utilities: 1) EXISTING SANITARY SEWER MAIN IN THE ALLEY: a) The City’s existing 8” sanitary sewer main appears to be running about 10 ’ west of the W. side fence and hence the sewer main falls within the W. side property line as shown on the IMPROVEMENT SURVEY PLAT (Sheet 2 of 2) which was submitted as part of the submittal package. City needs to maintain access to the sanitary sewer. Utility easements are 15 ’ wide (7.5’ on either side of a City water or sanitary sewer main) which needs to be granted to the City. No plantings, trees, structures, etc., are allowed within utility easements. Or, if it is possible for the property line to be shifted a minimum of 8 ’ east, based on some kind of arrangement with the City. However, the 8’ shift request shall be pending the IMPROVEMENT SURVEY PLAT update; see comment below, under 1(b). b) The 8” existing sanitary sewer main needs to be included and shown in the IMPROVEMENT SURVEY PLAT (Sheet 2 of 2) after a field confirmation by the project surveyor, at the owner/developer’s expense. And then the updated IMPROVEMENT SURVEY PLAT re-submitted along with any other comments by other City review staff members addressed /included in the said PLAT. 2) GENERAL: a) If there are any questions in regards to the above comments, please contact Konad Krori (kkrori@englewoodco.gov; 1610/9/2020 NOT APPROVED kkrori@englewoodco.gov WADE BURKHOLDERReport By: EGWD_PROJECT_REVIEWS Page 296 of 559 Public Hearing on Request for Vacation of Public Right-of-Way – 3649 S. Grant StreetWade Burkholder- Planning Manager, Community Development Department Page 297 of 559 • Kevin Fasing is requesting vacation of public right-of-way to facilitate additional housing on this R-2-B zoned property per Comprehensive Plan justification, approximately 4,000 square feet.• No construction plans submitted.• 7,754 square foot lot; needs 50 feet of frontage for duplex.Per Code front yard orients toward S. Grant StreetPer Code side yard orients toward Jefferson• Planning and Zoning Commission and City Staff has forwarded a recommendation of denial of the current request.Vacation of Public Right-of-Way – 3649 S. Grant Street Page 298 of 559 Page 299 of 559 • Vacation request includes +/- 16,561 SF of Pennsylvania and 4,407 SF of alley.• Project includes utility work to support expansion including detention, water quality, and the relocation of public utilities around the new construction.• To accommodate utility relocations, Swedish will be dedicating a 22-foot wide waterline easement and 20-foot wide drainage easement to the City on a Minor Subdivision Plat.Vacation of Public Right-of-Way – 3649 S. Grant Street Page 300 of 559 3649 S. Grant Street City UtilitiesInterference with City Utilities may exist, further study required by Applicant.nitary Sewer in Alley Page 301 of 559 3649 S. Grant Street City and Dry UtilitiesSurvey Plat must be corrected with actual alignments of water and sewer lines and resubmitted, locate request must be made.Easement must be granted in the alley for sewer line. Xcel Energy – no objection as long as utility rights are maintained for existing facilities within the vacation area. Overhead utilities are present, no utility easements provided.Century Link – aerial copper cable runs in the alley, rights must be maintained in the vacation area. Comcast has not provided letters at this time. Staff sought a reply September 28 and again on November 4th.Page 302 of 559 Drainage Easement for Storm SewerUS 285 Congestion Mitigation and Alternatives Analysis StudyMay recommend alternative right of way lines to accommodate multi-modal transportation improvementsUpgrading sidewalks, adding missing sidewalks, bike lanes, additional drainage/utility improvements. US 285/Broadway Intersection ReconstructionReconstruct all four entrance/exit ramps. Accommodate three lands of traffic in both directions eliminating bottlenecks.Reconstruction not likely to expand to the area of this request.May create new right of way lines in the area.3649 S. Grant Street Capital Improvement ProjectsPage 303 of 559 PZ and City Staff recommend denial of this request at this time:1.Viable use of the property per the Unified Development Code remains without vacation of the right-of-way. 2.Potential interference with existing sewer lines within the area of request. 3.The Congestion Mitigation and Alternatives Analysis study in this corridor may recommend alternative right-of-way lines in this area to accommodate multi-modal transportation improvements. 4.The US 285/Broadway Interchange reconstruction project may establish alternative right-of-way lines within this area as the project design is finalized. Upon completion of the Congestion Mitigation and Alternatives Analysis study, furtherance of the US 285/Broadway interchange reconstruction project and upon further utility location study occurring in conjunction with the City Utilities Department, a portion or all of this requested right-of-way vacation may be re-evaluated at a future date. RecommendationPage 304 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee, Marty Savage DEPARTMENT: Parks, Recreation & Library DATE: January 4, 2021 SUBJECT: Golf Course Driving Range Netting Replacement DESCRIPTION: Complete replacement of the driving range netting due to age and failing condition of existing netting which has been in place since 2008. RECOMMENDATION: Staff recommends that Council approve, by Motion, the contract between the City and Judge Netting for the replacement of the driving range netting at Broken Tee Golf Course in the amount of $128,900. PREVIOUS COUNCIL ACTION: No previous Council action has been taken on this issue. SUMMARY: The driving range netting currently in place is 12 years old. Life expectancy of a netting with our specifications is 10 years. During windstorms in the spring, two panels were torn by the weather conditions and more issues are expected in the future without replacement. Being a large revenue generator, it is important to replace the netting before more panels are lost during the golf season causing the driving range to shut down for extended periods of time. We believe it is in the best interest of the golf course and the City to replace the entirety of the range netting by the end of February. ANALYSIS: Overall, five bids were submitted and evaluated for the contract to replace the range netting at Broken Tee Golf Course. Netting Contractors and Empire were eliminated for substandard netting samples that clearly would not have worked for this project. Furthermore, the breaking strength of the netting samples from these two companies was significantly less (4,000 lbs.) than the other three companies, implicating failure to stop a golf ball and potentially injuring a guest or employee. Judge Netting, Golf Range Netting, and West Coast Netting provided quality samples and use similar netting and 5/16" and 3/8" cabling. Warranty of work and materials was also considered in the bid selection and ultimately was the determining factor between the remaining three companies. West Coast Netting was eliminated because only a 1 year warranty of materials was offered and was the most expensive option. Golf Range Netting offered a 5 year warranty of materials. Judge Netting offered a 10 year material warranty. Judge Netting also spoke to us about the major difference in their netting. An additional middle horizontal cable and rib line is Page 305 of 559 utilized to extend the life of their netting as well as additional sewn in horizontal, vertical, and perimeter rib lines. Judge Netting has also completed over 10 jobs in the Denver area and is slated to complete many more this spring. Judge Netting also was the first to respond this spring for the two replacement panels, has superior customer service, and clearly knows the scope of work and the importance of this project for Broken Tee Golf Course and the City of Englewood. For the reasons of quality of materials used, warranty of materials, number of successful projects completed in Colorado, and the clear understanding of our facility and scope of work, Judge Netting is the optimal source for the range netting replacement. FINANCIAL IMPLICATIONS: Three golf accounts in the 2021 budget will be utilized for this project and serve as our capital improvement accounts. These accounts are 43-1307-61011 Landscaping, 43-1307-61201 Other Improvements, and 43-1307-61301 Machinery and Equipment. These accounts contain $21,000, $19,000, and $155,000 in budgeted funds for the 2021 respectively for a total of $195,000 for capital purchases. ALTERNATIVES: Alternatively, we can continue replacing each panel over time as it fails. The cost to replace one panel over the last 5 years has been approximately $10,000 per panel. Additionally, each time a panel breaks we will need to shut the range down for play at a loss of $3,000 per day in the summer months. We have 36 panels needing replacement and there is great savings in replacing all of the netting at once. At a replacement cost of $128,900 by Judge Netting, our per panel cost is $3580.56, a $6,419.44 savings per panel if completed at one time as opposed to repairing each panel after it tears or fails over time. From a financial standpoint, using Judge Netting to replace all of the range netting in February is in our best interest. ATTACHMENTS: 1) Bid Tab 2) Contract Approval Summary 3) Contract For Service ABC Vendor Signed 4) Schedule A Page 306 of 559 City of Englewood Bid Tabulation Sheet Bid Opening Date: October 21, 2020, 2:00 PM MST Apparent Low Bidder ITEM BID: RFP-20-042 Broken Tee Range Netting Replacement Vendor Bid Bond Y/N SOQ Y/N Total Bid Exceptions/Comments Empire Netting & Fence 108,274.14$ PO Box 553 Waverly, NE 68462 Golf Range Netting 110,920.00$ 40351 U.S. Highway 19 N., Suite 303 Tarpon Springs, FL 34689 Judge Netting 128,900.00$ 11851 Westminster Avenue Garden Grove, CA 92843 714-265-2200 Netting Contractors 76,161.20$ 9386 CR 208, Navasota, TX 77868 281-850-6793 West Coast Netting 146,100.00$ 5075 Flihgtline Dr. Kingman, AZ 86401 Page 307 of 559 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Marty W. Savage Phone: 651-238-7982 Title: Golf Course Superintendent Email: mwsavage@englewoodco.gov Vendor Contact Information Vendor Name: Judge Netting, Inc. Vendor Contact: Dan Judge Vendor Address:11851 Westminster Ave. Vendor Phone: 951-318-7212 City: Garden Grove Vendor Email: dan@judgenetting.com State: CA Zip Code:92843 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 11/5/20 End Date: 2/28/21 Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing): $128,900 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Full payment upon completion Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Take down, removal, and replacement of existing netting, hardware and cabling of range netting. Materials, labor, and necessary equipment provided by Judge Netting as well as disposal of removed materials. Page 308 of 559 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☒Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): Page 309 of 559 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 310 of 559 Page 311 of 559 Page 312 of 559 Page 313 of 559 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 4 CFS 20-77 Judge Netting, Inc. – Broken Tee Range Netting Replacement reasonably required by the City including the satisfactory release of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18.PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19.CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20.CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a)INSURANCE TYPES AND AMOUNTS. The City 22.ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23.COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24.TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25.GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 26.NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor’s Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one (1) year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures’ and supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 27.TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28.PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29.DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request. 30.ATTORNEY’S FEES. In the event that either party to this Contract shall commence any action against the other party arising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, and fees and Page 314 of 559 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 5 CFS 20-77 Judge Netting, Inc. – Broken Tee Range Netting Replacement expenses incurred by the prevailing party in connection with such action or proceeding. 31. VERIFICATION OF COMPLIANCE WITH C.R.S. 8- 17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor had not knowingly employed or contracted with the illegal alien. d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 29. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 315 of 559 Page 316 of 559 Page 317 of 559 11851 Westminster Avenue Garden Grove, CA 92843 Office (800) 955-6788 (714) 265-2200 FAX (714) 265-2400 Colorado Registered Corporation No. 200913220890 www.judg enetting.com PROPOSAL & CONTRACT October 19, 2020 City of Englewood-Broken Tee Golf Course 2101 W Oxford Ave Englewood, CO 80110 Re: Broken Tee Range Netting Replacement Proposal # RFP-20-042 We propose to provide the material, labor, and equipment necessary to replace all of the netting, cable and hardware (except the 2 panels recently replaced in 2020) on the driving range at your course. -New netting will be UV treated Polyester with sewn in vertical, horizontal, and perimeter rib lines. -New cable will be 5/16” and 3/8” EHS -New hardware will be 3/4” heavy duty pole line hardware. - Performance, Payment and Maintenance Bond in the amount of 100% executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award. We are a registered Colorado contractor and all applicable State Sales and Use Tax, and Arapahoe County Open Space Tax are included. _____Price for this complete replacement is $128,900. Assumptions: •Pricing firm for acceptance for a period of 60 days. •The client will be responsible for locating any and all private underground utilities located on their property. •Necessary and reasonable access “to,” “from,” and “at” work site during repairs from the golf course side of the property. •Golf and other range activities may require alteration during construction to provide a safe working environment for our employees and equipment. ATTACHMENT B Page 318 of 559 October 19, 2020Broken Tee Range Netting Replacement Proposal # RFP-20-042 2 •Mobilization costs included in our proposal are based on one move-on and move-off. Any cessation of work due to lack of permits or any reason by client will require a $2,000 re-mobilization charge with all work and materials invoiced to date. •We are a non-union company and, as such, will not become signatory to any labor agreement. Exclusions: •Bonding, structural engineering, or prevailing wages, unless otherwise stated in this proposal. •This proposal does not include any permit fees or related costs involved in securing permits. Indemnification: Judge Netting, Inc. will not indemnify any additional Owners, Architects, Contractors, or Agents. •Accidental non negligent damage to driveways, parking lots, irrigation systems, or sod that may be caused by our equipment. •Subsurface or latent physical conditions at the site differing from those indicated. •Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract. •The owner shall promptly investigate the conditions, and if it finds that conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor’s cost of, or the time required for, performance of any part of the work shall issue a Change Order in the amount of contractor’s expenses incurred plus 10%. •Judge Netting makes no warranty, either expressly or implied, as to the ball containment capabilities of netting or structures, including height requirements and/or performance of any existing material or material used during construction. We appreciate the opportunity to present this proposal. Please contact us at 800-955-6788 or dan@judgenetting.com with questions or concerns. JUDGE NETTING INC. ACCEPTED; City of Englewood, CO By: By: Date: October 19, 2020 Date: Page 319 of 559 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 6/8/2020 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. LIC #0726293 18201 Von Karman, #200 Irvine CA 92612 Adriana Lopez 949-372-4263 973-884-4119 Adriana_Lopez@ajg.com Travelers Property Casualty Co of America 25674 The Travelers Indemnity Company of CT 25682Judge Netting, Inc. 11851 Westminster Avenue Garden Grove, CA 92843 874061723 B X 1,000,000 X 1,000,000 10,000 1,000,000 2,000,000 X CO4P888765 1/1/2020 1/1/2021 2,000,000 EBL 1,000,000 A 1,000,000 X X X 8104P815797 1/1/2020 1/1/2021 Medical Expense 5,000 A X 5,000,000 X CUP4P891733 1/1/2020 1/1/2021 5,000,000 X 10,000 A XUB4P8484171/1/2020 1/1/2021 1,000,000 1,000,000 1,000,000 A Contractors Equipm QT6605P057459 1/1/2020 1/1/2021 L/R EPT Ded $800,000 $1000 City of Englewood-Broken Tee Golf Course 2101 W Oxford Ave Englewood CO 80110 Page 320 of 559 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (Includes Products-Completed Operations If Required By Contract) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS (1)Any "bodily injury", "property damage" or "personal injury" arising out of the providing,The following is added to SECTION II – WHO IS AN or failure to provide, any professionalINSURED: architectural, engineering or surveyingAny person or organization that you agree in a services, including:written contract or agreement to include as an additional insured on this Coverage Part is an (a)The preparing, approving, or failing to insured, but only:prepare or approve, maps, shop drawings, opinions, reports, surveys,a.With respect to liability for "bodily injury" or field orders or change orders, or the"property damage" that occurs, or for "personal preparing, approving, or failing toinjury" caused by an offense that is committed, prepare or approve, drawings andsubsequent to the signing of that contract or agreement and while that part of the contract or specifications; and agreement is in effect; and (b)Supervisory, inspection, architectural or b.If, and only to the extent that, such injury or engineering activities.damage is caused by acts or omissions of you or (2)Any "bodily injury" or "property damage"your subcontractor in the performance of "your caused by "your work" and included in thework" to which the written contract or agreement "products-completed operations hazard"applies. Such person or organization does not unless the written contract or agreementqualify as an additional insured with respect to the independent acts or omissions of such specifically requires you to provide such person or organization.coverage for that additional insured during the policy period.The insurance provided to such additional insured is subject to the following provisions:c.The additional insured must comply with the a.If the Limits of Insurance of this Coverage Part following duties: shown in the Declarations exceed the minimum (1)Give us written notice as soon as practicablelimits required by the written contract or of an "occurrence" or an offense which mayagreement, the insurance provided to the result in a claim. To the extent possible, suchadditional insured will be limited to such notice should include:minimum required limits. For the purposes of determining whether this limitation applies, the (a)How, when and where the "occurrence"minimum limits required by the written contract or or offense took place;agreement will be considered to include the (b)The names and addresses of any injuredminimum limits of any Umbrella or Excess persons and witnesses; andliability coverage required for the additional insured by that written contract or agreement.(c)The nature and location of any injury orThis provision will not increase the limits of damage arising out of the "occurrence"insurance described in Section III – Limits Of or offense.Insurance. (2)If a claim is made or "suit" is brought againstb.The insurance provided to such additional the additional insured:insured does not apply to: CG D2 46 04 19 ú 2018 The Travelers Indemnity Company. All rights reserved.Page 1 of 2 Page 321 of 559 COMMERCIAL GENERAL LIABILITY (a)Immediately record the specifics of the (4)Tender the defense and indemnity of any claim or "suit" and the date received; and claim or "suit" to any provider of other insurance which would cover such additional(b)Notify us as soon as practicable and see insured for a loss we cover. However, thisto it that we receive written notice of the condition does not affect whether theclaim or "suit" as soon as practicable.insurance provided to such additional (3)Immediately send us copies of all legal insured is primary to other insurancepapers received in connection with the claim available to such additional insured whichor "suit", cooperate with us in the covers that person or organization as ainvestigation or settlement of the claim or named insured as described in Paragraph 4.,defense against the "suit", and otherwise Other Insurance, of Section IV – Commercialcomply with all policy conditions.General Liability Conditions. Page 2 of 2 ú 2018 The Travelers Indemnity Company. All rights reserved.CG D2 46 04 19 Page 322 of 559 SCHEDULE A OUTLINE OF STATEMENT OF WORK (Provide the requested below information) 1. GENERAL Judge Netting, Inc. 11851 Westminster Avenue Garden Grove, CA 92843 Marty W. Savage Golf Course Superintendent Broken Tee Golf Course November 5, 2020 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Dan Judge dan@judgenetting.com 951-318-7212 Marty W. Savage mwsavage@englewoodco.gov 651-238-7982 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Take down, removal, and replacement of existing netting, hardware and cabling of range netting. Materials, labor, and necessary equipment provided by Judge Netting as well as disposal of removed materials. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5. OTHER CONSULTANT RESOURCES None 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Specifications for new netting, hardware, and cables provided by Judge Netting Only UV treated polyester netting used for the replacement 7. SPECIAL TERMS, IF ANY None Page 323 of 559 8. MODE OF PAYMENT Check upon invoice 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Full payment upon completion of project 10. SCHEDULE AND PERFORMANCE MILESTONES Completion of project before the end of February 2021 11. ACCEPTANCE AND TESTING PROCEDURES 12. LOCATION OF WORK FACILITIES Broken Tee Golf Course, 2101 W Oxford Avenue, Englewood, CO 80110 IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated November 5, 2020, the parties have executed this Statement of Work as of this 5th day of November, 2020. CITY OF ENGLEWOOD, COLORADO By: (Signature) _ _______________________________ (Print Name) Title: _______________________ Date: _______________________________ Judge Netting, Inc. Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 324 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Steve Simon DEPARTMENT: Utilities DATE: January 4, 2021 SUBJECT: Professional Services Agreement for Pump Station Rehabilitation Engineering and Design Services. DESCRIPTION: Professional Services Agreement for Pump Station Rehabilitation Engineering and Design Services. RECOMMENDATION: Utilities staff recommends that Council approve a professional services agreement with HDR, in the amount of $304,340, with an additional ten percent staff-managed contingency for a total authorization not to exceed $334,774, to perform engineering services supporting the rehabilitation of four (4) Utilities water pump stations. The project will assess alternatives and develop a preliminary design to address aging infrastructure, modernize outdated control systems, meet current and future demands, and comply with safety regulations and industry best practice. The Water and Sewer Board approved a recommendation to enter into the professional services agreement on December 8, 2020. PREVIOUS COUNCIL ACTION: On October 19, 2020, City Council approved the ordinance adopting the 2021 City budget, which includes funding for this project. SUMMARY: The City completed a Master Plan in early 2020 that identified a high priority need to rehabilitate the City’s four (4) remote pumping stations. The need was based on poor infrastructure condition and the criticality of these facilities to meet customer demands. The purpose of this project is to conduct an in-depth assessment of asset condition, assess current and future demands, identify non-compliant safety conditions, modernize outdated controls systems, and improve security. Following this assessment, alternatives will be developed to address the identified issues, a preferred alternative will be selected, and preliminary design performed on the preferred alternative. Following development of the preliminary design, the selected projects will proceed directly into final design in a subsequent phase of work. ANALYSIS: Consultant services are required due to the specialized expertise and resources necessary to complete the work. A Request for Proposal (RFP) was developed and advertised on the Rocky Mountain E-Purchasing System (Bid Net) in September 2020 to solicit bids so that Utilities staff can select the best solution and most qualified Consultant to perform the work. Page 325 of 559 Eight (8) proposals were received. The eight firms and cost submittals are provided in alphabetical order in Table 1 of the attached Proposal Evaluation Summary. A selection panel consisting of engineering and operations staff reviewed and scored proposals based on the firm’s demonstrated understanding of the project scope, management approach, team and firm experience, price proposal, overall responsiveness and quality of the proposal. The panel short-listed the three highest scoring proposals to proceed into the interview phase. Interviews were conducted via MS Teams and allowed the panel to ask each firm the same targeted questions related to their approach and how they intend to address the unique challenges associated with this project. At the conclusion of the interview phase, the panel agreed that HDR was the highest ranked firm and recommends proceeding with a professional services agreement to execute the work. HDR’s final contract price includes the base proposal of $284,340 plus a $20,000 supplemental service to provide interior scanning and survey of the facilities. Based on the limited information and drawings available for these facilities, the supplemental service will improve the accuracy and quality of the new pump station design. In addition, a 10 percent staff-managed contingency is included for a total required authorization amount of $334,774. FINANCIAL IMPLICATIONS: Funding for the Pump Station Rehabilitation Alternatives Analysis & Design Project is included in the Utilities 2021 budget. Source of Funds Line Item Description Line Item Amount YTD Line Item Expensed Purchase Amount Water – 40 Engineering – 1609 Raw Water Supply System – 61261 $1,360,000 $0 $334,774 The source of funds for this project is 40-1609-61261. ALTERNATIVES: The alternative to not approving the staff recommendation is to continue at-risk operations at each of the pump station. Risk factors include critical asset failure and safety risk to operations staff working in conditions that are not compliant with current safety regulations. CONCLUSION: The Pump Station Rehabilitation Engineering and Design Services Project is a critical effort to improve reliability of the City of Englewood’s water supply and the safety of City staff that operate and maintain these facilities. The project supports the City’s sustainability goals by modernizing outdated and inefficient equipment. Utilities staff recommends that Council approve a professional services agreement with HDR, in the amount of $304,340, with an additional ten percent staff-managed contingency for a total authorization not to exceed $334,774. This recommendation is based on HDR’s recent and relevant work experience with similar projects, strong project understanding and technical experience to complete the work, and fair and reasonable pricing. Page 326 of 559 ATTACHMENTS: Pump Station Design Project – Contract Approval Summary (CAS) Pump Station Design Project – Professional Services Agreement / Schedule A Pump Station Design Project – Request for Proposal (RFP) Pump Station Design Project – HDR Engineering Inc. Proposal Pump Station Design Project – Proposal Evaluation Summary Pump Station Design Project – PowerPoint Presentation (Project Overview) Page 327 of 559 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Mike Assante Phone: (303) 762-2685 Title: Project Engineer/Manager Email: massante@englewoodco.gov Vendor Contact Information Vendor Name: HDR Engineering, Inc. Vendor Contact: Jamie Eichenberger Vendor Address: 1670 Broadway, Suite 3400 Vendor Phone: (303) 884-2551 City: Denver Vendor Email: jamie.eichenberger@hdrinc.com State: CO Zip Code:80202 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☒Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: January 11, 2021 End Date: July 31, 2021 Total Years of Term: <1 Total Amount of Contract for term (or estimated amount if based on item pricing): $304,340 (total contract amount) $30,434 (10% staff-managed contingency) $334,774 (not to exceed) If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: N/A Payment terms (please describe terms or attach schedule if based on deliverables): Monthly invoicing through project duration (net 30) Attachments: ☐Copy of original Contract if this is an Amendment HDR will perform an alternatives analysis and prepare a preliminary design for the following four (4) raw and finished pumping stations in the City: Union Avenue Pump Station, McLellan Pump Station, Clarkson & Hampden Pump Station and Cornell & Pennsylvania Pump Station Page 328 of 559 Contract Approval Summary March 2019 Update Page | 2 ☒Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☒Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☒ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☒ Qualification Based Selection / Best Value* (Continue on Next Page): CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2020 40 1609 61261 Raw Water Supply System $1,360,000.00 -$ 304,340.00$ 1,055,660.00$ -$ -$ -$ -$ Total by Fund - Current Year (2021)1,360,000.00$ -$ 304,340.00$ 1,055,660.00$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 1,360,000.00$ -$ 304,340.00$ 1,055,660.00$ CAPITAL & OPERATING EXPENSE Page 329 of 559 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability – HDR demonstrated their reliability to perform the work through multiple local utility references who have previously contracted with them on projects with a similar scope. Two such municipal utilities that had very positive experiences with HDR regarding pump station design projects were the City of Boulder and Mount Crested Butte. Members of the Englewood’s Engineering team contacted both cities to discuss their experience with HDR in detail to confirm this. 2.) Product and project understanding – HDR demonstrated a detailed project understanding and an understanding of the City’s needs at various levels of the City’s proposal review process. These key points were identified in their thorough proposal, experienced team identified to support the design and their excellent performance in an interview (as part of the short-listing process). 3.) Product availability / Low risk solution – City staff believes HDR represents the low-risk solution based on the following key factors that were illustrated in HDR’s proposal: a. Project Understanding and Management Approach: HDR demonstrated clear understanding of pump station condition and project approach, and plans to fully engage Englewood O&M staff during design. b. Project Team Experience & Technical Capability: Provided a highly experienced management team to deliver work. c. Price Proposal: Reasonable price proposal within 5% of the average responsive proposal cost d. Overall Proposal Quality & Responsiveness: Highly responsive and quality proposal that scored the highest out of eight (8) reviewed proposals based on City’s internal review process Page 330 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project PROFESSIONAL SERVICES AGREEMENT Contract Number PSA 20-87 Pump Station Design Project $304,340.00 This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between HDR Engineering, Inc., a Nebraska corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Statement of Work”) for City, and in such additional Page 331 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the customary degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. Page 332 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one year period, if the parties desire to extend this Agreement beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the one year period by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Agreement including an amended Statement of Work and fee schedule, if necessary. The parties understand and acknowledge that any renewal of this Agreement is subject to the approval of the Englewood City Council. The parties also understand and acknowledge that the extension of this contract beyond the initial one year period is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or Page 333 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all Page 334 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know -How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non- breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional Page 335 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project manner in accordance with the standard of care recognized by members of Consultant’s profession practicing at the same time and in the same general locality. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or wrongful act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. Neither Party to this Agreement shall be liable to the other Party for any special, incidental, indirect, or consequential damages (including but not limited to loss of profits or revenue; loss of use or opportunity; loss of good will; cost of substitute facilities, goods, or services; and/or cost of capital) arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to any such damages caused by the negligence, errors or omissions, strict liability or breach of contract, or warranty -- express or implied. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) Page 336 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability (“CGL”) Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per claim and in the aggregate. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured on auto and CGL. Each certificate of insurance shall provide that the issuing company shall not cancel, , or materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such Page 337 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project cancellation, or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non- exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. Any reuse of Work Product by the City on other projects not contemplated under this Agreement shall be at the City’s sole risk, without liability to Consultant. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of W ork or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant Page 338 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally- recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, epidemics or pandemics, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with Page 339 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8- 17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5- 102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate Page 340 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 341 of 559 Page 342 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project SCHEDULE A OUTLINE OF STATEMENT OF WORK (Provide the requested below information) 1. GENERAL [Identification of parties and date of execution] [Reference to Professional Services Agreement by date] 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS HDR ENGINEERING, INC. City of Englewood Jamie Eichenberger Mike Assante 1670 Broadway 1500 W Layton Avenue Suite 3400 Denver, CO 80202 Englewood, CO 80202 O: 303.323.9804 O: 303.762.2685 C: 303.884.2551 C: 720.392.5316 jamie.eichenberger@hdrinc.com massante@englewoodgov.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK With the construction of the McLellan Reservoir in 1948, the City of Englewood (City) started building a water system to support a high quality of life and economic vitality for its residents. That water system has served them well over the past decades, but is now in need of renewal to be able to continue to reliably supply water to the community. As part of that renewal effort, the City is exploring alternatives for renewal or replacement of the following facilities: • Union Pump Station: The Union Pump Station is the primary water supply for the City, diverting water from the South Platte River to the Allen Water Treatment Plant (WTP). The Pump Station Site also includes facilities to feed activated carbon and permanganate to pretreat the water depending on water quality. The pump station was constructed in the mid- 1980s and consists of three vertical turbine pumps. • McLellan Pump Station: The McLellan Pump Station is the City’s backup water supply, diverting water from Chatfield Reservoir via the City Ditch to the McLellan Reservoir. Water can then be released from the Reservoir back to the City Ditch where there is a diversion to the Allen WTP. More importantly, the McLellan Pump Station and Reservoir System provides storage for South Platte River water rights, and is a major source of revenue for the City, as water diverted to the McLellan Reservoir is then sold to the Centennial Water and Sanitation District. The pump station was constructed in the mid-1970s and consists of four vertical turbine pumps. • Clarkson & Hampden Booster Station: The Clarkson & Hampden Booster Station lifts water from Zone 1 to Zone 3. The pump station consists of two in-line horizontal split case pumps in a below-grade vault. Page 343 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project • Cornell & Pennsylvania Booster Station: The Cornell & Pennsylvania Booster Station lifts water from Zone 1 to Zone 3. The pump station consists of two in-line horizontal split case pumps in a below-grade vault. • McLellan Pipeline: The McLellan Pipeline is a pipeline between the McLellan Pump Station and McLellan Reservoir. The pipeline is able to run in either direction, supplying water to the McLellan Reservoir via the McLellan Pump Station, or releasing water from the reservoir back to City Ditch. A condition assessment of the four pump stations was completed in December of 2019, and the condition of the pumps, motors, valves, most of the electrical systems (with the exception of the relatively new VFDs at the Union Pump Station), and other appurtenances were found to be in fair to poor condition. The exception was the pump station superstructures, which were still in relatively good condition. Based on this information, it was determined that the pump stations require significant renewal or replacement, and a holistic alternatives evaluation should be completed to identify a path forward for these critical facilities. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The City is responsible for the following items: • Provide available background information as requested to support completion of the work. • Attend and engage in project workshops and site visits. • Review and consolidation of all review comments into a single review package within 2 weeks of receiving deliverables. • Providing access to City facilities as needed for completion of the work. 5. OTHER CONSULTANT RESOURCES HDR will complete all work associated with the scope of services described in Section 6, with the exception of 3D scanning. Kahuna Ventures will complete 3D scanning as a subconsultant to HDR. 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES TASK SERIES 100 – PROJECT MANAGEMENT Task 101 – Kick-Off Meeting A project kick-off meeting will be held at the beginning of the project to set the vision, expectations, communications, roles and responsibilities, schedule, scope, and approach for the project. In addition, this time will be used to establish the level of service goals for this project. These level of service goals will be utilized throughout the project to identify and evaluate alternatives, and prioritize recommended improvements. The workshop will be attended by up to 3 members of the HDR team, and last for approximately 2 hours. A meeting agenda will be provided at least 3 days prior to the meeting, and meeting minutes, including a list of action items, will be emailed to the team within 3 business days following the meeting. A summary memorandum documenting the Level of Service Goals discussion will be prepared as part of this task. Task 101 Deliverables: Page 344 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project • Kick-Off Meeting Agenda, Presentation, and Minutes • Level of Service Goal Memorandum Task 102 – Project Management Plan A concise project management plan (PMP) will be prepared, which includes roles and responsibilities of the design team, project design standards, key deliverables, and a project schedule. The project schedule shall include each task with subtasks, milestones, critical path designation, and a schedule for key progress meetings. The PMP will also include development of a Health & Safety Plan and Quality Plan for the project, and will be housed on a OneDrive site set up for this project. Task 102 Deliverables: • Project Management Plan • OneDrive File Directory Task 103 – Project Meetings and Updates Weekly project coordination calls will be held between HDR’s and the City’s project manager. Calls will last approximately a half hour. A standing agenda will be developed and modified as needed ahead of each meeting. Minutes from the meeting will be emailed within 3 business days of each call, as needed. Task 103 Deliverables: • Meeting Agenda and Minutes Task 104 – Workshops Regular workshops will be held throughout the project to foster collaboration, report on project progress, present key findings, and actively solicit input from City staff. Up to six workshops are anticipated throughout the project, including: • Needs Assessment Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 2 hours. A review of data gathered, results of staff interviews, and the field inspection will be discussed as it relates to the Current and Future Needs Assessment and Report. Comments on the needs assessment report will be gathered, and consensus will established for the current and future needs to support alternatives development and evaluation. • Field Inspection Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 2 hours. Comments on the field investigation report will be discussed. • Alternatives Analysis Evaluation Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 4 hours. Alternatives, preliminary evaluation criteria, and comments on the draft Alternatives Analysis and Evaluation will be discussed. Results of the pipeline assessment will also be reviewed at this workshop. • Conceptual Design Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 4 hours. Conceptual design of the recommended alternatives will be presented and discussed. • Implementation Plan Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 4 hours. The implementation plan, Page 345 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project schedule, and cost estimates for the recommended alternatives will be presented and discussed. • Final Report Workshop: Implementation Plan Workshop: This workshop will be attended by up to 2 members of HDR’s team and is anticipated to last approximately 2 hours. Comments on the draft final report will be discussed. A meeting agenda will be provided at least 3 days prior to each workshop, and minutes, including a list of action items, will be emailed to the team within 3 business days following each workshop. Deliverables to be reviewed and discussed at a workshop will be provided at least 5 business day prior to the workshop date. Task 104 Deliverables: • Workshop Agendas, Presentations, and Minutes Task 105 – Monthly Invoice Submittals and Project Administration HDR will monitor project progress, including work completed, work remaining, budget expended, schedule, estimated cost of work remaining, estimated cost at completion, earned value, and out of scope items. HDR will manage activities within the project budget, process invoices, and prepare monthly progress memorandums to be included with invoices, which will include at a minimum: • Project title • Invoice date • Invoice number and billing period • Summary of work performed during invoice period, broken down and detailed by task and subtask • Consultant’s staff hours utilized to date and total staff hours allocated, for each task and subtask • Consultant’s direct labor, indirect costs, sub-Consultant costs, and other direct costs • Costs for each task and subtask, with current balances • Scope of work percent complete by task and for total project as estimated by Consultant independent of expenditure percent complete • Remaining funds by task and for total project shall be clearly presented • Expected work to be conducted during the ensuing month Task 105 Deliverables: • Monthly Invoices and Progress Reports TASK SERIES 200 – DATA RECONNAISSANCE AND ACQUISITION HDR will prepare a detailed data request to gather pertinent background information to support the project. The data request will include the type of data requested and preferred format, and the data request form will be used to track the location of the data and how it was used throughout the project. Data includes available design or as-built drawings from original construction and any subsequent improvement projects. City staff will provide the available asset inventory contained within its work management system, and HDR will review and add assets to the registry as appropriate. Asset attribute information will be collected for critical assets (pumps, motors, Page 346 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 17 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project valves, VFD, MCC, PLC, switchgears, standby generator, and others as needed by HDR). This task will require consultation with City staff to document institutional knowledge of facility construction, improvement, and operational history. HDR will prepare questions for plant staff and conduct interviews as part of this task, prior to the field investigation in Task Series 400, to better understand the underlying issues and scope of improvements. Staff interviews will be conducted virtually. Relevant drawings will be compiled and included as an appendix to the final report. Task 200 Deliverables: • Data Request • Updated asset registry • Staff Interview Questions and Summary TASK SERIES 300 – CURRENT AND FUTURE NEEDS ASSESSMENT A needs assessment to evaluate current and future capacity, functionality, controls, previously identified in the 2020 Water Master Plan and consultation with City staff will be completed. A demand forecast is not included in this scope. Functionality, controls, safety, and security needs will consider staff input and best industry practices and professional expertise of HDR. Task 300 Deliverables: • Draft and Final Needs Assessment Report TASK SERIES 400 – FIELD INSPECTION PLAN AND CONDITION ASSESSMENT Task 401 – Develop Field Inspection Plan A Field Inspection Plan will be developed, including a schedule, data collection needs, technology needs, City staff support, data collection format, photo documentation, and a field safety plan. The draft plan will be submitted to the City for review before being finalized. Task 401 Deliverables: • Draft and Final Field Inspection Plan Task 402 – Field Inspection and Condition Assessment HDR will conduct a full-day, multi-disciplinary review of the four pump station and pipeline. This review will assess the condition of existing equipment, structures, piping, and other ancillary equipment that may be impacted as part of this project. Task 403 – Field Inspection Report A field inspection report will be completed, documenting the results of the field investigation and condition assessment. This report will be highly visual, consisting largely of photos of any areas of concern, with captions noting specifics. Task 403 Deliverables: • Draft and Final Field Inspection Report Page 347 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 18 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project Task 404 – 3D Scanning The McLellan Pump Station and Union Pump Station will be 3D Laser-Scanned and modeled in Revit to provide a baseline of as-built conditions. The Clarkson & Hampden and Cornell & Pennsylvania Booster Stations will not be scanned or modeled. The model will include all; walls, windows, doors, ceilings, exposed mechanical piping 2 inches in diameter and larger, major electrical and mechanical equipment. Scanning is anticipated to take a single day per facility. Task 404 Deliverables: • Point Cloud and Revit Model of Union and McLellan Pump Stations TASK SERIES 500 – ALTERNATIVES ANALYSIS AND EVALUATION Task 501 – Develop Alternatives Results of the current and future needs assessment and field investigation will be used to develop up to three (3) alternatives for rehabilitation or replacement of each of the four pump station. Task 502 – Evaluate Alternatives A preliminary (AACE Class 5) cost estimate, risk, and cost/benefit analysis will be prepared for each alternative. The cost/benefit analysis will be based on the Level of Service Goals identified in the Kickoff Meeting. Task 502 Deliverables: • Preliminary Cost Estimates Task 503 – McLellan Pipeline Assessment A desktop review of the McLellan pipeline will be completed, including review of existing drawings, soil surveys, maintenance history, and interviews with staff. Following the desktop review, a field inspection will be completed, including electromagnetic conductivity testing, Wenner 4-pin survey, and close interval survey. Based on results from the desktop assessment and field inspection, the most corrosive areas along the alignment to be identified. Indirect assessment techniques will provide indicators as to how the pipe structure is responding in those areas. HDR will then provide recommendations for additional data collection where the pipeline’s remaining useful life can be estimated, propose interim improvements to extend the service life, and project long-term recommendations for rehabilitation or replacement. Findings from the assessment will be included in the Alternatives Evaluation Report. Task 503 Deliverables: • Draft and Final McLellan Pipeline Assessment Report (to be included with Task 504) Task 504 – Alternatives Evaluation Report A report will be prepared summarizing the pump station alternatives evaluation and McLellan pipeline assessment. The results will be discussed in The Alternatives Analysis and Evaluation Workshop described in Task 104. Task 504 Deliverables: Page 348 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 19 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project • Draft and Final Alternatives Evaluation Report TASK SERIES 600 – CONCEPTUAL DESIGN Conceptual (10%) design will be developed for the recommended alternatives from Task Series 500. The drawings will be reviewed with City staff at the Conceptual Design Workshop described in Task 104. Task 600 Deliverables: • Conceptual Design Plans TASK SERIES 700 – IMPLEMENTATION PLAN, SCHEDULE, AND COST ESTIMATE Task 701 – Implementation Plan An Implementation Plan will be developed for the recommended alternatives, including how projects should be packaged, a conceptual maintenance of operations plan, and project delivery method analysis. Task 701Deliverables: • Draft and Final Implementation Plan Task 702 – Schedule A detailed implementation schedule for the recommended alternatives will be developed in a Gantt Chart format with critical dependencies identified. Task 702 Deliverables: • Project Implementation Schedule Task 703 – Cost Estimating An AACE Class 4 cost estimate will be developed for the recommended alternatives. Task 703 Deliverables: • Cost Estimate for Recommended Projects TASK SERIES 800 – FINAL REPORT Task 801 – Draft Final Report Results from the previous tasks will be compiled into a final report. An executive summary will be prepared to concisely present the assumptions, findings, evaluation criteria, and recommendations. Data, results from research, assessments, analysis, or similar information will be included in appendices. The Executive Summary will be very visual, relying on photographs, figures, and tables rather than blocks of text to summarize key information. Task 801 Deliverables: • Draft Final Report Page 349 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 20 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project Task 802 – Final Report Following review of the draft report at the Final Report Workshop described in Task 104, the report will be finalized and delivered to the City. Task 802 Deliverables: • Final Report ASSUMPTIONS AND LIMITATIONS The following assumptions were used in preparation of this scope of services: • The project duration is expected to be 7 months. • Up to 3 alternatives will be considered for each pump station. • Project coordination meetings will be conducted virtually. • The City will make available all relevant information for the project. • The City will compile review comments on deliverables into a single review package and return to HDR within two weeks of submittal. • No geotechnical or survey work will be completed by HDR as part of this project. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT ACH Debit Bank of America ML US ABA# 081000032 Account# 355004076604 9. PAYMENT SCHEDULE City will pay Consultant on a monthly basis within 30 days of receipt of invoices. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Page 350 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 21 PSA # 20-87 HDR Engineering, Inc. - Pump Station Design Project 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Performance Milestone Responsible Party Target Date Invoices and Progress Reports HDR Monthly Project Management Plan HDR January 31, 2021 OneDrive File Directory HDR January 31, 2021 Level of Service Goal Memo HDR January 31, 2021 Data Request HDR January 31, 2021 Field Inspection Plan HDR January 31, 2021 Needs Assessment Report HDR February 26, 2021 Field Inspection Report HDR February 26, 2021 3D Scans & Models HDR April 2, 2021 Alternatives Analysis & Evaluation Report HDR April 2, 2021 McLellan Pipeline Assessment Report HDR April 2, 2021 Conceptual Design Drawings HDR April 30, 2021 Implementation Plan HDR May 28, 2021 Implementation Schedule HDR May 28, 2021 Class 4 Cost Estimate HDR May 28, 2021 Draft Final Report HDR July 2, 2021 Final Report HDR July 30, 2021 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Denver, CO. Field work will occur at the following facilities: • Union Pump Station • McLellan Pump Station • Clarkson & Hampden Pump Station • Cornell & Pennsylvania Pump Station • Along the McLellan Pipeline Page 351 of 559 Page 352 of 559 1 REQUEST FOR PROPOSALS #20 -037 REQUEST FOR PROPOSALS PROFESSIONAL SERVICES FOR THE ENGLEWOOD PUMP STATION REHABILITATION ENGINEERING AND DESIGN SERVICES FOR THE CITY OF ENGLEWOOD, COLORADO RFP NO: 20-037 RFP ISSUANCE DATE: SEPTEMBER 17, 2020 Attachment B Page 353 of 559 2 REQUEST FOR PROPOSALS #20 -037 INTRODUCTION Statement of Purpose The City of Englewood Utilities Department (“the City” or “City”) is seeking a qualified Consultant to perform engineering and design services to rehabilitate four (4) pump stations. The City invites Consultants to submit Proposals according to the requirements set forth in this Request for Proposals (RFP). Proposals in response to this Solicitation must be submitted prior to 2:00 PM MST, October 14, 2020. Four (4) hardcopies and one (1) electronic .pdf on flash drive shall be submitted to: Eva Boyd Procurement Administrator Finance Department City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 The Proposals will be reviewed and evaluated using a competitive, best-value selection process described in Section 3. Proposal Evaluation and Selection. Steve Simon, will serve as the City Project Manager (Project Manager) and will administer the City’s contract with the selected Consultant Steve Simon Deputy Director, Engineering City of Englewood Utilities 1000 Englewood Parkway, Englewood, CO 80110 ssimon@englewoodco.gov 303-762-2654 No interpretation of this RFP will be provided to any Consultant verbally. To be given consideration, such requests must be raised in the mandatory pre-proposal meeting or submitted as a formal question prior to the due date identified in the Section 1.3. Project Milestones. Verbal questions during the mandatory pre-proposal meeting will be screened for applicability and, as needed, responded to in an addendum. All other questions during the procurement period should be submitted in writing by email to Eva Boyd eboyd@englewoodco.gov. The proposal title and number should be referenced on all correspondence. All questions must be received no later than 2: 00 PM MST, September 30, 2020. All responses to questions/clarifications will be listed on the BidNet as an addendum no later than Wednesday, October 7, 2020. Eva Boyd Procurement Administrator City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 eboyd@englewoodco.gov 303-762-2419 Page 354 of 559 3 REQUEST FOR PROPOSALS #20 -037 No oral communications from the Project Manager or any other individual representing or purporting to represent the City are binding. Consultants are restricted from any and all contact with City staff and any public official of these organizations, other than the Project Manager listed above, regarding the project during the procurement process outside of the pre-proposal meeting. A violation of this provision may result in disqualification of Consultant. Mandatory Pre-Proposal Conference A mandatory pre-proposal conference including a review of proposal process and requirements will be virtually held on Wednesday, September 23, 2020 at 9:00 AM. The meeting will be conducted via Microsoft Teams and accessed through the link below. Microsoft Teams Link: Join Microsoft Teams Meeting Microsoft Teams Phone Number: +1 720-739-6719 Enter Conference ID: 466 504 016# RFP Organization This RFP consists of the following: Section 1: Project Overview and Statement of Work Section 2: Proposal Submittal Requirements Section 3: Proposal Evaluation and Selection Section 4: Conditions for Consultants Attachment A: Draft Agreement Page 355 of 559 4 REQUEST FOR PROPOSALS #20 -037 Section 1 – Project Overview and Statement of Work 1.1 Project Overview The City of Englewood Utilities Department provides water and wastewater service to approximately 35,000 Englewood residents. The City owns, operates, and maintains four (4) remote pump stations for raw water and potable water service – McLellan Pump Station, Union Avenue Pump Station, Clarkson & Hampden Booster Pump Station, and the Cornell & Pennsylvania Booster Pump Station. The general scope of this project includes: Functionality, operational optimization, condition, and safety assessment for the McLellan Pump Station, Union Avenue Pump Station, Clarkson & Hampden Booster Pump Station, and the Cornell & Pennsylvania Booster Pump Station Non-intrusive condition assessment and estimated remaining useful life for the McLellan Pipeline. The McLellan Pipeline is a bidirectional pipeline between the McLellan Pump Station and McLellan Reservoir. Alternative analysis for rehabilitation options for each pump station based on assessment findings Selection of preferred rehabilitation alternative for each pump station Concept (10% design) drawing preparation of the preferred alternative for each pump station The scope and fee presented in the proposals shall cover only the above tasks that represent the concept design phase of the project. The City may, at its sole discretion based on the quality of work perform during the concept design phase, choose to proceed into contract negotiations with the selected Consultant for the future phase of design work. The design phase of work may be incorporated into a design-bid-build or alternate procurement method. Consideration will be given to a firm’s experience in both project procurement methods when considering qualifications for final design work. The City may also, at its sole discretion, choose to solicit final design through a competitive RFP process. Selection for this conceptual design phase of work in no way guarantees or implies a future final design contract. Interested Consultants are encouraged to review the recently completed Water Master Plan for more information regarding the four remote pumping facilities. The Master Plan can be found at the link below. https://www.englewoodco.gov/inside-city-hall/city-departments/utilities Master Plan Appendices are not included in the public link. The Master Plan with Appendices, including condition assessment findings and photos for the pump stations, will be provided to all Consultants that attend the mandatory pre-bid conference. Background The four (4) facilities included in this scope include two raw water pump stations , McLellan and Union Avenue Pump Station, and two potable booster station, and Clarkson & Hampden and Cornell & Pennsylvania. The assessment also includes the McLellan Pipeline, which is a bidirectional pipeline between the McLellan Pump Station and McLellan Reservoir. The assessment shall consist of staff interviews, site visits, and select Page 356 of 559 5 REQUEST FOR PROPOSALS #20 -037 potholing, if necessary. Concept design of the pipeline is not included in the scope of this work. Consultant shall provide professional opinion of pipe risks based on readily available information and recommend next steps, which may include more intensive inspection using pipe wall assessment technologies or replacement. Design drawings are available for the Union Avenue Pump Station. Drawings are unavailable for the McLellan Pump Station and the two booster pump stations. McLellan Pump Station Constructed in mid-1970’s Four (4) vertical turbine pumps with approximately 7 cfs capacity each Three constant speed pumps and one controlled via VFD Union Avenue Pump Station Constructed in mid-1980’s Three (3) vertical turbine pumps with approximately 15 cfs capacity each All three pumps controlled via VFD Clarkson & Hampden Booster Station Unknown construction date Located in below grade vault Two in-line centrifugal pumps Page 357 of 559 6 REQUEST FOR PROPOSALS #20 -037 Cornell & Pennsylvania Booster Station Unknown construction date Located in below grade vault Two in-line centrifugal pumps 1.2 City’s Objectives The goal of this project is to complete the conceptual design by early second quarter of 2021. The City’s objectives for delivery of the project are: Quality: Deliver the work products to be consistent with project specifications and in full compliance with federal, state, and local regulations. Cost: Cost-effective to comply with City’s project budget. Schedule: Achieve or beat the scheduled completion date for the Project. Risk: Achieve an optimal balance of risk allocation between the City and the Consultant. Safety: Implement an effective safety program incorporating best industry practices for protection of City and Consultant staff. 1.3 Project Milestones Request for Proposal Posted September 17, 2020 Mandatory Pre-Proposal Conference (Virtual) September 23, 2020 (9:00 AM) Deadline for Questions September 30, 2020 (2:00 PM) Issue Final Addendum October 7, 2020 Proposal Submission Due Date October 14, 2020 (2:00 PM) Consultant Interviews Week of October 26, 2020 Complete Consultant Selection/Contract Negotiation November 4, 2020 Council Consideration December 7, 2020 Notice to Proceed December 14, 2020 Project Completion (Concept Design) June 2020 Page 358 of 559 7 REQUEST FOR PROPOSALS #20 -037 Project Proximity Map Page 359 of 559 8 REQUEST FOR PROPOSALS #20 -037 1.4 Scope of Work The scope of work includes all activities associated with facility assessment, rehabilitation alternatives analysis, and preferred alternative concept design. At a minimum, the work includes the following: Project management plan development Data reconnaissance and staff consultation Field inspection and condition assessment planning and execution Existing and future capacity and functionality assessment Safety assessment Electrical, instrumentation, and controls assessment Alternatives preparation Preferred alternative selection Conceptual design of preferred alternative Supplemental Services The City has, to the best of its knowledge, defined the scope and tasks to complete the work. This list may not be all-inclusive. Consultant may propose, at its discretion, additional services beyond those listed in this RFP that it feels are necessary to complete the work or adds value to the project. Those additional services shall be included in the scope and fee as a stand -alone task under “Supplemental Services”. Task 1 - Project Management 1.1 Kick-off Meeting Upon receipt of a written Notice to Proceed from the City, the Consultant shall conduct a kick-off meeting with the City. Sub-Consultants should be included at the discretion of the Consultant. At the kick-off meeting, the Consultant shall be prepared to go over the scope and approach to complete the work, review the project schedule, identify major milestones and workshops, and Consultant deliverables. Agenda shall be provided at least one business day ahead of the meeting. Draft meeting minutes shall be prepared and distributed to the Project Manager for review within three business days of the meeting. 1.2 Project Management Plan The Consultant shall prepare a concise project management plan (PMP) which includes roles and responsibilities of the design team, project design standards, key deliverables, and a project schedule. The project schedule shall include each task with subtasks, milestones, critical path designation, and a schedule for key progress meetings. 1.3 Project Meetings and Updates The Consultant shall schedule and facilitate weekly 30-minute progress meeting calls with Project Manager throughout the duration of the project. Consultant is responsible for organizing these meetings including preparing and distributing agenda ahead of the meeting, compiling meeting minutes, and distributing minutes and action items to Project Manager within three business days of meeting completion. 1.4 Workshops The Consultant shall schedule and facilitate project workshop(s) to focus on key project aspects. These workshops should be highly collaborative and include all essential project personnel. Page 360 of 559 9 REQUEST FOR PROPOSALS #20 -037 Consultant is responsible for organizing and facilitating all workshops. This includes preparation and distribution of meeting agenda at least three days ahead of the workshop, preparing any presentations or handouts for the meeting, compiling and distributing meeting minutes within three business days of the workshop to the Project Manager. Deliverables that will be reviewed and discussed at any workshop should be provided at least five business days ahead of the workshop to allow adequate time for City staff to review. Consultant shall identify all proposed workshops in their scope, fee, and schedule. Workshops are intended to incorporate broader stakeholder engagement for input and feedback at major decision points and major deliverable review. 1.5 Monthly Invoice Submittals The Consultant shall submit monthly invoices detailing costs incurred in conjunction with the project. Each invoice shall cover a period of one calendar month (or a four-week time period) and shall be submitted to the City within six weeks after the end of each billing cycle. Minimum required information is provided below. Final invoice format shall be reviewed with Project Manager prior to issuance of first invoice. Project Title. Invoice date. Invoice number and billing period. Summary of work performed during invoice period, broken down and detailed by task and subtask. Consultant’s staff hours utilized to date and total staff hours allocated, for each task and subtask. Consultant’s direct labor, indirect costs, sub-Consultant costs, and other direct costs Costs for each task and subtask, with current balances. Scope of work percent complete by task and for total project as estimated by Consultant independent of expenditure percent complete. Remaining funds by task and for total project shall be clearly presented. Expected work to be conducted during the ensuing month. Task 2: Data Reconnaissance and Acquisition Consultant shall compile all relevant information to perform the work. This includes all available design or as-built drawings from original construction and any subsequent improvement projects. City staff will provide the available asset inventory contained within its work management system. Consultant shall review and add assets to the registry as appropriate. Asset attribute information shall be collected for all critical assets (pumps, motors, valves, VFD, MCC, PLC, switchgears, standby generator, and as others as deemed appropriate by Consultant) This task will require consultation with City staff to document institutional knowledge of facility construction, improvement, and operational history. Relevant drawings shall be compiled and included as an appendix to the final report. Task 3: Current and Future Needs Assessment Consultant shall perform a needs assessment to evaluate current and future capacity, functionality, controls, safety, and security needs for each of the facilities. Capacity needs shall rely on future demand forecasts Page 361 of 559 10 REQUEST FOR PROPOSALS #20 -037 previously identified in the 2020 Water Master Plan and consultation with City staff. A demand forecast is not included in this scope. Functionality, controls, safety, and security needs shall consider staff input and best industry practices and professional expertise of the selected Consultant. Task 4: Field Inspection Plan and Condition Assessment Develop a field inspection and condition assessment plan. The plan shall include schedule, data collection needs, technology needs, City staff support, data collection format, photo documentation, and safety plan. Prepare draft plan and submit to Project Manager for initial review. Coordinate with Project Manager for scheduling and planning. Task 5: Alternatives Analysis and Preferred Alternative Selection Based on inspection and condition assessment findings, develop up to three (3) alternatives for rehabilitation options. Preliminary (Class 5) cost estimate, risk, and cost/benefit analysis shall be prepared for each alternative. Provide alternatives analysis to project team. Conduct workshop with City stakeholders to develop preferred rehabilitation alternative for each pump station. Task 6: Conceptual Design Prepare concept (~10%) design level description and/or drawings of the preferred alternative for each facility. Submit concept drawing as .dwg and .pdf files for review. Finalize concept description and/or drawings as needed based on feedback from the project team. Task 7: Implementation Plan, Schedule, and Cost Estimate Develop a prioritized plan to execute the rehabilitation needs for each facility based on the preferred alternative. Consideration shall be given to package some, or all, of the work into a single design and construction package. Otherwise, provide a phased and prioritized plan based on multiple design and construction packages. Provide recommendations for project procurement and delivery methods (design/bid/build, design/build, CMAR, etc.) that may add value to the work or result in schedule benefit. Provide a proposed schedule for the agreed upon project implementation plan. Develop a Class 4 construction estimate for the work. Assess and recommend timing of project execution based on operationS needs. The two raw water pump stations are critical facilities. Englewood has limited local storage; therefore, careful consideration must be given to construction timing, sequencing, and phasing to minimize any disruption to service. Assess booster station operations and coordinate with City staff to come up with alternate delivery plans for any planned shutdowns of the facilities. Task 8: Draft and Final Report The Consultant shall prepare a draft and final report that incorporates all relevant information from completion of the work. The draft and final report shall concisely present the assumptions, findings, analysis criteria, and recommendations. All data, results from research, assessments, analysis, or similar information shall be attached to the report as appendices. To the extent practical, use visual aids to convey pertinent information. Photographs, charts, tables, and figures are often more effective in conveying information versus written text. Page 362 of 559 11 REQUEST FOR PROPOSALS #20 -037 Technical memorandums (TMs) developed as part of the evaluation process may comprise the body of the report, but the executive summary and final conclusions sections must comprehensively analyze and reflect the project. Consultant shall provide three (3) hard copies and one (1) electronic copy (Microsoft Word and Adobe PDF) format copy of the draft report for review and comment. Consultant shall provide three (3) hard copies and one (1) electronic copy (Microsoft Word and Adobe PDF) format copy of the final report, incorporating all relevant comments by the project team from the draft submittal. Supplemental Services The City has made every effort to define a comprehensive scope of services for the project. However, the Consultant is encouraged to identify any additional work that is not specified in this Scope of Work that would be, in the Consultant’s opinion, necessary to complete the project or provides added value to the project. If identified, the additional recommended service must be included in the scope and price proposal, under a “Supplemental Services” task. 1.5 Consultant Responsibilities and Deliverables 1) Consultant shall collaborate with City staff to develop an approach that achieves all project and operation objectives. 2) Consultant shall provide the following deliverables: a. TMs for each applicable task in the RFP b. Workshop presentations and materials c. Meeting agendas and minutes d. Monthly invoices and progress reports e. Field inspection plan f. Asset inventory with attributes for each pump station g. Condition assessment findings for each pump station h. Alternatives analysis background materials i. Preferred alternative selection documentation j. Concept (~10%) drawings for each pump station k. Draft and final report 3) Consultant shall submit all deliverables in hard copy and electronic (Microsoft Word and PDF format) to the City as specified in the RFP. For any document format not specified in this RFP it shall be assumed only electronic deliverable is necessary (agendas, minutes, drawings, TMs, presentations, etc.). 4) Consultant may engage Sub-Consultants as needed. 5) Requests for additional work or change orders must be submitted in writing and approved by the City in advance of commencing work. 6) Consultant may propose additional services as a “Supplemental Services” task that in its opinion will improve the efficiency and quality of the project. Supplemental Services must be approved by City Project Manager prior to performing the work. Page 363 of 559 12 REQUEST FOR PROPOSALS #20 -037 Section 2 – Proposal Submittal Requirements 2.1 Submittal Place and Deadline The Proposal must be received by the City Procurement Administrator before the due date and time specified in the RFP Introduction section. Each Consultant assumes full responsibility for timely delivery of its Proposal. Any Proposal received after the submittal deadline will be deemed non-responsive and returned unopened. The time/date stamp clock in the City Procurement office shall serve as the official authority to determine timeliness of the Proposal. All Proposals must be submitted in a sealed box or envelope addressed to “The City of Englewood” and should contain on the outside the following information: RFP No: 20-037 Proposal Submission Due Date Name of Consultant Return Address of Consultant Proposals may be amended or withdrawn only by written notice prior to the Proposal opening . Proposal amendments must be submitted in a sealed envelope. Amendments or withdrawals received after the Proposal opening will not be effective, and the original Proposal submitted will be considered. Telephonic, electronic, or faxed Proposals will not be considered. The Consultant agrees that its Proposal will not be withdrawn within ninety (90) calendar days following opening of the Proposals, and that during such time its Proposal will remain Consultant and irrevocable. The City reserves the right to reject any or all Proposals, and to waive any technical defects in Proposals. The City reserves the right to request clarification of information submitted and to request additional information of one or more Consultants after the Proposal Submission Due Date. 2.2 Submittal Format The Proposal must be submitted with four (4) bound copies and one (1) electronic copy submitted in a single compiled .pdf on flash drive. The proposed fee shall be submitted as one (1) hardcopy of the proposed fee and one (1) electronic copy in .pdf format on a flash drive in a separate, sealed envelope. The Proposal must not exceed 10 total pages (8½ × 11 inch with 1-inch or greater margins; up to 2 pages of the total page count may be 11 x 17-inch tri-fold format; each double-sided page counts as two pages), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, draft agreement acknowledgement form, and appendices. A font similar in size to or larger than Calibri eleven-point (11-pt) shall be used. Page 364 of 559 13 REQUEST FOR PROPOSALS #20 -037 2.3 Submittal Content The content requirements set forth in this RFP represent the minimum content requirements for the Proposal. Additional information may be provided at Consultant’s discretion and within the available page count. The Price Proposal with all supporting material should be submitted in a separate, sealed envelope titled ‘Price Proposal.’ The Proposal must include, at a minimum, the following information: Transmittal Letter Part 1 – Executive Summary Part 2 – Consultant Experience and Technical Capability Part 3 – Project Understanding, Approach, and Anticipated Schedule Part 4 - Draft Agreement Review Acknowledgement Appendix A – Key Personnel Resumes Price proposal Price proposal with supporting material in a separate, sealed envelope Transmittal Letter Include a transmittal letter signed by an authorized representative of the Consultant who can commit the Consultant to the obligations required in the Draft Agreement. Place the transmittal letter on the Consultant’s letterhead and include the name, address, phone number, and e-mail address for the Consultant contact person. Specify who would be the Consultant’s signatory to any contract documents executed with the City. Include other information deemed relevant by the Consultant. Proposals must be signed by an authorized corporate officer, principal, or partner (as applicable) with a signature in full. Consultants who are nonresident corporations shall furnish to the City a duly certified copy of their Articles of Incorporation from the State of Colorado Secretary of State Office along with the Proposal. Failure to promptly submit this evidence or qualification to do business in the State of Colorado may be basis for rejection of the Proposal. The transmittal letter shall be limited to two (2) 8½ x 11-inch pages. Part 1 - Executive Summary Provide an executive summary that includes a concise overview of the key elements of the Proposal and summarizes and refers to information in the Proposal. Part 2 – Experience and Technical Capability Provide a description of the Consultant’s qualifications, experience, and technical capability. This shall include, at a minimum, the following elements: Provide an organizational chart for the Consultant’s project team, identifying all key personnel, the reporting hierarchy of staff and Consultants/Sub-Consultants, and the specific individuals responsible for coordination of the separate components of the work. Describe the roles, responsibilities, and availability of the key personnel who will be assigned to the Project through completion. Page 365 of 559 14 REQUEST FOR PROPOSALS #20 -037 Identify all Sub-Consultants and describe their roles, and responsibilities. Identify the Sub- Consultants’ key personnel. Note: The identification and utilization of specific key personnel through the life of a project are important factors in the City's consideration and selection of a Consultant. Any changes in identified key personnel after the award of the Agreement must be approved by the City in writing before the change is made. Include availability of the project team to begin work as soon as possible after the selected Consultant receives the Notice to Proceed. Consultant Experience: Provide clear and thorough descriptions of the Consultant's related and applicable experience and performance. Provide detailed information on the most recent and applicable projects that have been substantially completed by the Consultant within the last ten (10) years. Details shall include the following: Project title and contract number. Consultant and key personnel’s role in project. Owner contact information including phone number. Period of performance (contract start and end dates). Contract value. Summary of work performed. Project performance (including change order history, schedule adherence, and budget adherence). Describe any major issues or challenges presented on the project(s) and how they were resolved. Key Personnel Experience: Describe specific relevant experience of each proposed key personnel providing similar details for projects as requested in Consultant Experience. Resumes for each key project team member should be provided in Appendix A of the Proposal. Reference Requirements: The City may contact the referenced individual(s) identified by the Consultant in Consultant Experience. The contact person(s) listed as a reference shall be someone who has personal knowledge of the Consultant’s performance during the referenced project. More than one person can be listed but all must have knowledge of the project. Part 3 – Project Understanding, Approach, and Anticipated Schedule Provide a description of the Consultant’s approach for managing and delivering the scope of services contained in this RFP, and any additional issues and proposed strategies for meeting the City’s needs for the project based on Consultant’s understanding of the work. Provide a proposed schedule to complete the work. Part 4 - Draft Agreement Review The Consultant understands that neither this RFP nor the Proposal shall constitute a contract with the City. No contract is binding or official until Proposals are reviewed and accepted by appointed City staff; approved Page 366 of 559 15 REQUEST FOR PROPOSALS #20 -037 through the appropriate levels of authority within the City; and an official contract is duly executed by the City. Attachment A (Draft Agreement) of this RFP contains the proposed Professional Services Agreement for the Project. Proposers shall review this draft document and provide comments regarding any aspect of such document about which it has any concern, including terms that it considers ambiguous or which it believes should be modified. Such comments shall be submitted with the Proposal. The City will review all comments received and, if it deems appropriate, in its sole discretion, may modify such document . The Draft Agreement included in the RFP Attachment A is the form upon which Consultant shall base its Proposal. The comments submitted on the draft agreement will not be counted in the total page count specified above. Appendices Appendix A – Resumes Provide key personnel resumes for the project team. Price Proposal Having examined the RFP and supporting documentation including the Draft Agreement in Attachment A, the Consultant shall submit one (1) hardcopy and one (1) electronic copy of the proposed fee in a separate, sealed envelope labeled “Proposed Fee.” The envelope shall be labeled as specified in Section 2.1 Submittal Place and Deadline. Price Proposal will be used as a basis for Consultant selection as described in Section 3. Proposal Evaluation and Selection. The Consultant’s price proposal shall include a detailed cost breakdown for each of the project tasks defined in this RFP, resource assignments/titles, estimated hours for each title for completion of each task, total labor hours per tasks, billing rates for each title, total task completion cost, and services by others. The Price Proposal should include the following: Cover Sheet Price Proposal Supporting Material for Price Proposal A font similar in size to or larger than Calibri t eleven-point (11-pt) must be used for the Price Proposal. If Consultant recommends Supplement Services this shall be provided as separate line item(s) in the price proposal and shall be detailed in the same manner. Page 367 of 559 16 REQUEST FOR PROPOSALS #20 -037 Section 3 – Proposal Evaluation and Selection 3.1 General The Proposals will be reviewed and evaluated by the City’s Selection Committee according to the requirements and criteria outlined herein. During the Proposal evaluation process, written questions or requests for clarification may be submitted to one or more Consultants regarding its Proposal or related matters. In addition, the City may require that all or a limited number of Consultants participate in virtual interviews. 3.2 Selection Process Overview For the purpose of selecting the most qualified Consultant, the City will use a competitive selection process as set forth in pertinent City and State procurement requirements. The procedure will involve the following steps: a. The City will advertise and/or mail RFP Invitations to interested Consultants. b. Responsiveness and minimum qualifications will be checked. c. The City’s Selection Committee will review, rank, and shortlist all Proposals that meet responsiveness and minimum qualification requirements. d. Interviews with each of the shortlisted Consultants to clarify their Proposals may be conducted. This decision is at the sole discretion of the City. Interviews will provide short-listed Consultants the opportunity to present their project team and approach to City staff and will include a question and answer session. e. The City’s Selection Committee will then rank each Proposal and Interview (if applicable) to prepare a recommendation for approval. Upon authorization, the Project Manager shall negotiate a contract with the selected Consultant. Should the Project Manager be unable to negotiate a satisfactory contract with the Consultant considered to be most qualified, the Project Manager, or designee, shall terminate such negotiations with that Consultant and begin negotiations with the next most qualified Consultant and so on until negotiations are successful. f. The City reserves the right to modify or reject any contract for the acquisition of goods and/or services submitted to it for consideration. 3.3 Responsiveness Each Proposal will be reviewed to determine whether it is responsive to the RFP. Failure to comply with the requirements of this RFP may result in a Proposal being rejected as non -responsive. At its sole discretion, however, the City may waive any such failure to meet a requirement of this RFP and may request clarification or additional information to remedy a deficiency. 3.4 Evaluation Criteria The Selection Committee will evaluate and rank the Proposals that satisfy the minimum qualification requirements identified in this section by applying scores to each proposal part, as set forth in the table below. Page 368 of 559 17 REQUEST FOR PROPOSALS #20 -037 At the City’s sole discretion, short-listed Consultants may be interviewed or the decision may be made directly from the proposal phase. If interviews are conducted, interview panel members may adjust scoring for final selection. Proposal Evaluation Scoring Proposal Part Maximum Points Project Understanding and Management Approach Does proposal address all elements of RFP? Does proposal demonstrate understanding of the project objectives, methodology to be used, desired results/outcomes of the project? 40 Project Team Experience and Technical Capability Do the individuals assigned to the project team have the necessary skills and experience? Are sufficient individuals of the requisite skills and qualifications assigned to the project? Are the individuals assigned to the project team available? Has it been demonstrated that the work be complete in the targeted timeframe? Does the firm demonstrate the necessary resources, financial strength, and support capabilities to successfully complete the project? Has the firm successfully completed previous projects of this type and scope? 30 Price Proposal (value-based) Does proposal include cost-breakdown of each task line item and cost element? Are the proposed cost and work hours appropriate to the scope of work provided? Are the work hours reasonable for the effort required for line item and overall project scope? Has firm demonstrated value in the cost and scope proposed? 20 Overall Proposal Quality and Responsiveness Is the proposal clear, concise, and well written? Does the proposal meet all the submittal requirements and contents as specified in the RFP? 10 Total possible points 100 Page 369 of 559 18 REQUEST FOR PROPOSALS #20 -037 Section 4 - Conditions for Consultants 4.1 Pre-selected Consultants and Individuals NA. 4.2 Conflict of Interest The Consultant must disclose with the Proposal, the name of any officer, director, partner, associate, or agent, who is also an officer or employee of the City. 4.3 Rights of the City In connection with this procurement process, including the receipt and evaluation of Proposals and award of the Agreement, City reserves to itself (at its sole discretion) all rights available to it under applicable law, including without limitation, with or without cause and with or without notice, the right to: Cancel, withdraw, postpone, or extend this RFP, in whole or in part, at any time prior to the execution of the Agreement, without incurring any obligations or liabilities. Modify the procurement schedule. Waive deficiencies, informalities and irregularities in a Proposal and accept and review a non- conforming Proposal. Suspend and terminate the procurement process or terminate evaluations of Proposals received. Permit corrections to data submitted with any Proposal. Hold meetings and interviews, and conduct discussions and correspondence, with one or more of the Consultants to seek an improved understanding of any information contained in a submitted Proposal. Seek or obtain, from any source, data that has the potential to improve the understanding and evaluation of the Proposals. Seek clarification from any Consultant to fully understand information provided in the Proposal and to help evaluate and rank the Consultants. Accept or reject any or all Proposals that it may in its sole discretion deem non-responsive, to waive technicalities, or to accept the Proposal that, in its sole judgment, is most advantageous and best serves the over-all interest of the City. Reject a Proposal containing exceptions, additions, qualifications or conditions not called for in the RFP or otherwise not acceptable to the City. Conduct an independent investigation of any information, including prior experience, included in a Proposal by contacting project references, accessing public information, contacting independent parties, or any other means. Request additional information from a Consultant during the evaluation of its Proposal. 4.4 Obligation to Keep Project Team Intact Consultants are advised that all key personnel identified in their Proposals remain on the team for the duration of the procurement process and execution of the Project. If extraordinary circumstances require a change, it must be submitted in writing to the City, who shall have sole discretion to determine whether to authorize a change, recognizing that certain circumstances ay occur that are beyond the Consultant’s Page 370 of 559 19 REQUEST FOR PROPOSALS #20 -037 control. Unauthorized changes to the Project team at any time during the procurement process may result in penalties or termination. 4.5 Additional Conditions NON-COLLUSION: By submitting a Proposal in response to the RFP, the Consultant represents that, should the Proposal be accepted, the resulting contract(s) would not violate any provisions of federal law or regulations, or any ordinances or regulations established by the City. ANTI-DISCRIMINATION: During the performance of the Contract, the Consultant agrees as follows: a.Comply with federal anti-discrimination laws. b.Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirement of this section. PROPOSAL PREPARATION COSTS: By submittal of a Proposal, the Consultant agrees that all costs associated with the preparation of his/her Proposal and interview preparation/materials (if applicable) will be the sole responsibility of the Consultant. The Consultant also agrees that the City bears no responsibility for any costs associated with the preparation of the Proposal and/or any administrative or judicial proceedings resulting from the solicitation process. DRUG FREE WORKPLACE: The selected Consultant must provide a Drug Free Workplace in accordance with Colorado State law. OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA): In instances where such is applicable due to the nature of the matter with which this Proposal is concerned, all material, equipment, etc., as proposed and offered by Consultants must meet and conform to all OSHA requirements; the Consultant's signature upon the Proposal being by this reference considered a certification of such fact. PATENT INFRINGEMENT, ETC: By submission of a Proposal the Consultant certifies that the services to be furnished will not infringe any valid patent, copyright, or trademark and the successful Consultant shall, at his/her own expense, defend any and all actions or suits charging such infringement a nd hold the City harmless in case of any such infringements. Page 371 of 559 20 REQUEST FOR PROPOSALS #20 -037 4.6 Addenda If any revisions or clarifications to the RFP or procurement process become necessary or desirable (at the City’s sole discretion), the City may issue written addenda. Failure of any Consultant to obtain any such addendum shall not relieve said Consultant from any obligation under the RFP as submitted. All addenda so issued shall become part of the Contract Documents. Page 372 of 559 The HDR Difference Holistic assessment of improvements Project manager with a history of successful project delivery Detailed continuity- of-operations planning experience Dedicated team from planning through design and construction Unmatched recent, relevant project experience City of Westminster: High Service Pump Station Project Proposal Englewood Pump Station Rehabilitation Engineering and Design Services RFP NO. 20-037 City of Englewood, Colorado October 14, 2020 Images taken pre-COVID-19 City of Boulder: 63rd Water Treatment Facility Project Collaborative project approach Mt. Crested Butte Water & Sanitation: Water Treatment Plant Assessment Project City of Boulder: 63rd Water Treatment Facility Site Visit Workshop with the City of Boulder Page 373 of 559 October 14, 2020 Eva Boyd Procurement Administrator Finance Department City of Englewood 1000 Englewood Parkway, Englewood, CO 80110 RE: RFP NO. 20-037, Englewood Pump Station Rehabilitation Engineering and Design Services Dear Ms. Eva Boyd and Selection Committee Members: The City of Englewood (City) has been providing safe and reliable drinking water since the McLellan Reservoir was built in 1948, securing an independent water supply for your community. We are excited for the opportunity to work with you to continue that legacy on the Englewood Pump Station Rehabilitation Engineering and Design Services Project (Project). This project is critical to the continued high quality of life and economic vitality of your residents. HDR’s dedicated team of experts will support this important project through our: Collaborative Project Approach Collaboration is at the heart of our project approach. As our first task, we will work with you to establish a broad stakeholder group including your operations and maintenance, engineering, and management team that will be included throughout the project. Early on, we will collaboratively establish Level of Service (LoS) goals for the project that will guide project development and evaluation of alternatives. This group will be invited to regular workshops to provide valuable insight and feedback as the project progresses. Proven Project Framework We have developed a proven project approach framework that fosters collaboration and stakeholder engagement, while providing efficient project delivery to conserve both budget and schedule. The step-wise approach allows for steady progress without overwhelming the project team with deliverable reviews and workshops. Successful History Performing Similar Projects across Colorado Our staff has worked extensively on similar projects across the state, including projects for Westminster, Boulder, Loveland, Mount Crested Butte, and Breckenridge. These projects shared many of the same elements as your project, including evaluation and assessment of aging infrastructure, prioritization of recommended improvements, and implementation of maintenance of plant operations plans to reduce risks related to construction outages. We look forward to demonstrating our commitment to being a dedicated partner to the City. Holistic Assessment of Improvements Our project approach includes a multi-disciplinary review of the existing facilities to not only assess the process and electrical components, but also to identify needs hdrinc.com 1670 Broadway, Suite 3400, Denver, Colorado 80202-4824 T 303.764.1520 F 303.860.7139 Page 374 of 559 in the structural, building mechanical, and architectural systems. This will provide a holistic review of the facility, identifying unanticipated improvements required to meet current code requirements, and allowing us to identify future needs to auxiliary systems, such as HVAC, that need to be considered in the replacement or rehabilitation of equipment. Focus on Reliability We understand the importance of the Project to the City and its ability to provide a reliable water supply to its customers. During this project, we will work to eliminate single points of failure, address aging infrastructure, and provide sufficient redundancy to achieve these goals. We also recognize the need to maintain operation of this critical infrastructure during construction, and we will work with you to prepare detailed maintenance of operations plans to mitigate the impacts of construction on operation of your water system. We have completed similar assessments for the City of Boulder at the Betasso Water Treatment Facility (WTF), 63rd WTF, and the Boulder Water Resource Recovery Facility (WRRF), where we were able to operate the facilities nearly continuously through multiple years of construction. Communication and up-front planning are the keys to success for successful operation during construction. We look forward to the opportunity to work with you on this important project. We acknowledge the receipt of Addenda 1-3. Our firm’s signatory is R. Bradley (Brad) Martin, our Colorado Area Manager. Please contact Project Manager Jamie Eichenberger at 303-884-2551 or Jamie.Eichenberger@hdrinc.com if you have any questions regarding this proposal. Sincerely, HDR Engineering, Inc. Jamie Eichenberger, PE R. Bradley Martin, PE Project Manager Senior Vice President Page 375 of 559 OFFICE OF THE SECRETARY OF STATE OF THE STATE OF COLORADO CERTIFICATE OF FACT OF GOOD STANDING I, Jena Griswold, as the Secretary of State of the State of Colorado, hereby certify that, according to the records of this office, is an entity formed or registered under the law of , has complied with all applicable requirements of this office, and is in good standing with this office. This entity has been assigned entity identification number . This certificate reflects facts established or disclosed by documents delivered to this office on paper through that have been posted, and by documents delivered to this office electronically through @ . I have affixed hereto the Great Seal of the State of Colorado and duly generated, executed, and issued this official certificate at Denver, Colorado on @ in accordance with applicable law. This certificate is assigned Confirmation Number . *********************************************End of Certificate******************************************** Notice: A certificate issued electronically from the Colorado Secretary of State’s Web site is fully and immediately valid and effective. However, as an option, the issuance and validity of a certificate obtained electronically may be established by visiting the Validate a Certificate page of the Secretary of State’s Web site, http://www.sos.state.co.us/biz/CertificateSearchCriteria.do entering the certificate’s confirmation number displayed on the certificate, and following the instructions displayed. Confirming the issuance of a certificate is merely optional and is not necessary to the valid and effective issuance of a certificate. For more information, visit our Web site, http://www.sos.state.co.us/ click “Businesses, trademarks, trade names” and select “Frequently Asked Questions.” HDR ENGINEERING, INC. Nebraska 19871626032 09/16/2020 09/17/2020 15:21:56 09/17/2020 15:21:56 12603582 Page 376 of 559 Simplified maintenance is one goal of the pump station design. We will coordinate closely with operators to complete operability and maintenance reviews. Proposal Page 377 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 1 Executive Summary HDR is an employee-owned company with more than 10,000 employees worldwide, including more than 500 based right here in Colorado. Since 1917, we have partnered with our clients to shape communities and push the boundaries of what is possible. Our client-focused approach and unparalleled expertise make us a recognized leader in the industry, consistently ranked as one of ENR’s Top 10 Design Firms, and winning multiple awards for our groundbreaking project work. Our proposal demonstrates how we will bring the full weight of our more than 100 years of experience to successfully deliver the Englewood Pump Station Rehabilitation Engineering and Design Services project: Key Personnel We have thoughtfully assembled a team of professionals who are committed to the success of this project. This team has extensive experience working together on similar projects and a proven track record of successful project delivery. Jamie Eichenberger will lead the team, and is an experienced project manager with an open and collaborative management style with both his team and clients. He is supported by Tricia Quigley and Jeff Giddings, who will lead the Pump Station Evaluation and Pipeline Assessment, respectively. Rounding out the team is a group of discipline-specific experts, who have worked closely with Jamie and Tricia on a variety of condition assessment and design projects. We have brought our best for this project, knowing that senior-level experience is critical in the planning phase of a project to avoid unforeseen costs and schedule delays down the road. Recent Project Experience HDR has unparalleled experience in pump station evaluation and design, including the City of Boulder 63rd WTF High Service Pump Station (HSPS) Evaluation and City of Westminster Semper HSPS Repair and Rehabilitation (R&R). Both of these projects are nearly identical in scope to your project, including a multi-disciplinary review of existing facilities, alternatives development and analysis, and strict requirements to limit outages during construction. Proven Project Approach We have developed a proven project approach framework that fosters collaboration and stakeholder engagement, while providing efficient project delivery to conserve both budget and schedule. The step-wise approach allows for steady progress without overwhelming the project team with deliverable reviews and workshops. The Right Attitude Collaboration: We take a listen-first approach to understand what issues are important to you and actively solicit your input throughout the project. Operator-focus: Operations and maintenance (O&M) staff are the ones who have to live with our decisions long after the project is complete. We engage with O&M staff throughout to understand your needs on safety, accessibility, and ease of operation. Holistic design: We consider the whole-facility impacts of our decisions and include structural, life safety, and site security into our evaluations. Safety by design: We are committed to helping everyone get home safely every day by considering arc-flash, elevated work, and confined space entry. Quality: Every member of our team is committed to quality and is personally accountable for the accuracy of their work and adherence to our quality control plan. “I wanted to...recognize the team that worked on the Water Treatment Utility Plan for the Joe Blake Water Treatment Plant (JBWTP).... This project involved evaluating the entire plant from the forebay, through the filters, to residuals handling. HDR’s team, led by Jamie Eichenberger...[has] been very responsive, flexible, and have come up with some creative solutions to meet our schedule and budget constraints. Their professionalism has been appreciated on this very important project.” — Ken Lykens, Director of Water & Wastewater Operations, Centennial Water and Sanitation District (CWSD) Page 378 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 2 Experience and Technical Capability We will bring this recent, relevant experience to your project, including a proven project approach for rapid assessment of the facilities and development of alternatives. This approach allows us to move quickly into design, and mitigate the risk that these pump stations pose to the City’s water security. Jamie Eichenberger, PE (CO 43223) Project Manager YEARS EXPERIENCE: 16 years | RELEVANT EXPERIENCE: Boulder 63rd WTF Pump Station | Mt Crested Butte Water Treatment Plant (WTP) Assessment | Mirabelle Lift Station Design | AVAILABILITY: 30% Jamie brings a wealth of experience on similar projects requiring holistic evaluation and design of pump stations and other process facilities. Jamie has a collaborative project delivery style, actively communicating with the City PM, operations staff, and other stakeholders to provocatively mitigate project issues and provide successful outcomes. He is also focused on risk reduction, identifying opportunities to improve reliability, accelerate the project schedule, and maintain operations throughout construction. Key Personnel The key team members shown below will be the core team who guide project delivery and are the same faces you will see at workshops throughout the project. Beyond the initial evaluation, these staff will also lead design efforts in the next phase of the project, providing staff continuity throughout the life of the project. Our key staff are supported by more than 500 professional staff in our Colorado offices alone, and more than 10,000 employees worldwide, including some of the country’s foremost experts in pump station and pipeline assessment and design. We are committed to providing continuity of our project team throughout this project, and into design of the recommended improvements. The HDR Team We have thoughtfully assembled a team of professionals who are committed to the success of this project. This team has extensive experience working together on similar projects including work at the City of Boulder 63rd WTF HSPS and the City of Westminster Semper HSPS. Both of these projects involved a holistic, multi-disciplinary evaluation of pump station facilities, major upgrades to electrical and process equipment, and evaluating alternatives for different pump station configurations. Page 379 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 3 Tricia Quigley, PE (CO 46562) Pump Stations Lead YEARS EXPERIENCE: 15 years | RELEVANT EXPERIENCE: Boulder Betasso WTF | Breckenridge Second WTP | Boulder 63rd WTF Pump Station | AVAILABILITY: 40% Tricia is an engineer with a broad background that includes experience with master planning, modeling, capital improvement planning, water treatment design, and construction management. Tricia will lead our pump station work, emphasizing long-term reliability, operability, and sustainability. Tricia did her graduate work on pump station hydraulics. Jeff Giddings, PE*, CTP Pipelines Assessment YEARS EXPERIENCE: 33 years | RELEVANT EXPERIENCE: Westminster HSPS R&R | Boulder Betasso WTF | Loveland Treated Water CP Assessment | Denver Water Conduit 16 | AVAILABILITY: 40% Jeff has more than 30 years of experience in a variety of piping applications including water/ wastewater conveyance systems. He has extensive experience performing pipeline condition assessments using a variety of testing methods, including external direct assessments and failure analyses. *PE in multiple other states (see resume) Jeff Glover, PE (CO 37477) QA/QC YEARS EXPERIENCE: 42 years | RELEVANT EXPERIENCE: Westminster HSPS R&R | Boulder 63rd WTF Pump Station | Boulder Betasso WTF | Loveland Pump Station Studies | NPS Grand Canyon Pump Stations | AVAILABILITY: 30% Jeff has more than 40 years of experience designing water and wastewater facilities. He serves as HDR’s Chief Engineer for the Denver office, providing oversight and QA/QC for water and wastewater treatment facilities. He has been highly involved in both the engineering and construction phases for the Westminster HSPS project and will bring these lessons-learned to your project. Travis Moore, PE (CO 38135) Electrical/I&C YEARS EXPERIENCE: 22 years | RELEVANT EXPERIENCE: Boulder Betasso WTF | Boulder 63rd WTF Pump Station | Loveland Pump Stations | AVAILABILITY: 30% Travis is an experienced electrical engineer in electrical assessments and design for water/ wastewater treatment facilities, energy use, standby power generation, and control system modifications and upgrades. Travis has broad experience in developing forward-looking strategies and plans for system modifications and upgrades. Ron Manske, PE (CO 38655) Structural YEARS EXPERIENCE: 23 years | RELEVANT EXPERIENCE: Boulder Betasso WTF | Boulder 63rd WTF Pump Station | Breckenridge Second WTP | Loveland Pump Stations | AVAILABILITY: 30% Ron serves as lead structural engineer on WTP and WWTP projects, including structural assessment and adaptive re-use of existing facilities. Vince Fallon, CDT Architectural/ Life Safety YEARS EXPERIENCE: 33 years | RELEVANT EXPERIENCE: Boulder 63rd WTF Pump Station | Mt Crested Butte WTP Assessment | Boulder Betasso WTF | AVAILABILITY: 40% Vince will be responsible for the assessment of architectural, life safety, and code concerns. He has extensive knowledge of the life safety, durability, and corrosion resistance issues specific to water facilities. Noreen McMahon, LEED AP, PE (CO 29208), HVAC/Mechanical YEARS EXPERIENCE: 35 years | RELEVANT EXPERIENCE: Boulder 63rd WTF Pump Station | Breckenridge Second WTP | Boulder Betasso WTF | AVAILABILITY: 35% Noreen has extensive experience with utility and fleet facilities, mechanical designs, specifications, cost estimates, construction drawings, and field observation for a variety of projects. She brings specialized knowledge of mechanical and plumbing engineering. Page 380 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 4 Kahuna Ventures, LLC Laser Scanning and 3D Modeling Based in Westminster, Kahuna specializes in supporting engineers and asset managers with BIM model data and reality capture. Kahuna provides customized solutions to water facility projects using a variety of laser scanning and modeling technologies capable of collecting over a million data points per second and 3D laser scanning that provides extreme accuracy at an accelerated rate using LiDAR technologies. Steven Rogowski, PE (CO 29535) Site Security YEARS EXPERIENCE: 31 years | RELEVANT EXPERIENCE: 30 years as the director of operations and maintenance for MWRD’s Robert W. Hite WWTP | AVAILABILITY: 30% Steven brings more than 30 years of experience as the operations and maintenance director of the largest treatment facility in Colorado. His practical experience on the needs for site security and access will be included in our evaluation of the pump stations. Kevin Bergschneider Principal-in-Charge YEARS EXPERIENCE | 36 years | AVAILABILITY: 20% As Colorado’s Water Program Development Leader for HDR, he will verify that the project gets appropriate resources for timely and efficient delivery. He will reach out throughout the contract duration to check on status and verify that you are receiving the level of service you expect. Workload/Availability: The HDR team is 100% committed to this project. Those are not empty words as we have shown in other recent, successful projects for clients across Colorado. By choosing HDR, you get our 100% commitment to being available for your project’s schedule, as well as the unmatched depth of our resources. Value-Added Service 3D Laser Scanning We understand that record drawings of existing facilities can be hard to find and unreliable. As an added-value service, we can provide 3D laser scanning of the existing facilities to provide a highly accurate model of the existing facilities, including the structure, process equipment, piping, conduit, and more. This model will be the basis for developing alternative layouts and the ultimate design of recommended improvements. We have used this technology with several of our water and wastewater clients in Colorado and across the United States, in particular for the City of Boulder at the Betasso WTF, Westminster’s Semper HSPS project, and the St. Vrain Sanitation District WWTP. If the City chooses an optional service at this stage for 3D scanning, we will enlist Kahuna Ventures as a subconsultant. This image is a BIM model that resulted from the 3D scan of the Betasso WTF. This gives the City an accurate digital model of the entire facility. BIM allows stakeholders to better visualize the design before it is built, giving them a greater understanding of design intent and a better opportunity to provide input into the design. Page 381 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 Recent Projects HDR brings successful, similar experience to your project. Our recent project experience that is most directly related to your project is highlighted below. Our key team members have been involved in these projects and bring this experience and related expertise to the City. We encourage you to contact our references, who will provide first-hand knowledge of our capabilities and commitment to client service. 63rd Water Treatment Facility High Service Pump Station and Electrical Evaluation Owner: City of Boulder, CO | April 2020-Ongoing The 63rd WTF was constructed in 1969 and much of the equipment has reached the end of its useful life and is in need of replacement. As part of this project, a multi-disciplinary evaluation was completed of the HSPS, raw water pump station, and campus-wide electrical equipment. Following the field investigation, alternatives were evaluated for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of collaborative workshops, alternatives were evaluated based on a best-value process to make use of existing infrastructure, provide greater operational flexibility, and improve reliability and access for routine O&M activities. With the preferred pump station configuration selected, we are now working with the city to develop an implementation plan including maintenance of plant operations, refined costs, and preferred project delivery method. Experience Benefiting Englewood: • Holistic, multi-disciplinary evaluation of entire facility • Evaluation of different pump station configurations • Development of phasing plan to minimize outages during construction • Replacement of aging electrical equipment Contract value $625K, Contract #2020000290. On schedule and budget with no significant change orders. KEY PERSONNEL ROLE IN PROJECT REFERENCE Jamie Eichenberger–PM, Tricia Quigley–Pump Stations, Jeff Glover– Technical Advisor, Ron Manske– Structural, Travis Moore–Electrical, Vince Fallon–Architectural, Noreen McMahon–Mechanical Stephen Grooters, Project Manager, GrootersS@ bouldercolorado. gov, 303.441.3242 Semper High Service Pump Station Repair and Rehabilitation Owner: City of Westminster, CO | Design 2018-2019, Construction in progress The HSPS pumps finished water from the Semper WTP into the distribution system with a series of 400hp and 600hp pumps. HDR developed a plan for upgrading the electrical system to reduce single points of failure, provide additional standby power, and enhance operational and maintenance flexibility. The design will replace the majority of electrical equipment, while maintaining ongoing pump station operation. HDR also performed a transient analysis which identified probable causes of surge in the system, and appropriate mitigation devices were identified. A key feature of the upgrade concept is re- purposing an existing room in the HSPS to contain new electrical equipment, thereby avoiding a costly expansion to the building. The electrical and control system designs are arranged to allow construction with few process shutdowns at the project site. Experience Benefiting Englewood: • Condition assessment of existing pumps • Pump station rehabilitation • Surge analysis • Major electrical system upgrades • Standby power improvements • New variable frequency drives (VFDs) to improve flow envelope • Maintenance of plant operations during construction Contract value $2.5M, Contract #CoW PN W-17-02. Four amendments to predesign contract for final design, construction-phase, and additional client-specified work. KEY PERSONNEL ROLE IN PROJECT REFERENCE Jeff Glover–PM, Ron Manske–Structural, Travis Moore–Electrical, Jeff Giddings–Pipeline Julie Koehler, Utilities Engineering Manager, jkoehler@CityofWestminster. us, 303.658.2178 Second Water Treatment Plant and Pump Station Owner: Town of Breckenridge, CO | Design 2016-2018, Start-up in progress The Town selected HDR to provide design services for a second WTP to supplement the potable water production of the Town’s Tarn WTP. HDR previously performed an analysis of existing conditions and possible improvements at Tarn for a plant capital improvements plan (CIP). The project involves the design and construction of a new 4.5-mgd WTP, a raw water intake and pump station, raw and finished water pipelines, and an HSPS. HDR carefully addressed the constructability and operability of the facilities as the WTP is being constructed under the Construction- Manager-at-Risk (CMAR) process. The WTP is currently in start-up and HDR is providing construction services including on-site inspection and observation. HDR also designed a HSPS for transferring treated water to the Town’s distribution system storage tank(s) and completed analysis for the pump station using a hydropneumatic surge tank. Experience Benefiting Englewood: • New raw and finished water pump station design • Constructability and operability planning • Design of site-wide electrical infrastructure • Stand-by power at both sites Contract value $8.4M Client contract number: N/A. During the design phase, a contract amendment and an 8.5 month schedule extension was executed to expand the WTP capacity beyond the original scope due to rapid growth in the system. KEY PERSONNEL ROLE IN PROJECT REFERENCE Tricia Quigley–PM, Jeff Glover–Design Manager, Ron Manske–Structural, Travis Moore– Electrical, Jeff Giddings–Pipelines, Vince Fallon–Architectural Laura Lynch, Water Division Manager, laural@ townofbreckenridge. com, 970.453.3378 Rendering of pump station at the Blue River intake site Pump Station and Water Treatment Plant Assessment Owner: Mount Crested Butte Water and Sanitation District, CO | May 2017-May 2018 HDR conducted facility assessments to evaluate the condition of existing structures, process equipment, and ancillary equipment at the District’s two WTPs, the East River Raw Water Pump Station, and the Prospect and Timberland Booster Pump Stations. HDR also conducted a treatment assessment to evaluate the effectiveness and efficiency of treatment processes and identify hydraulic limitations. HDR prepared a holistic review of each facility to determine which elements are viable for the long-term and which will present difficulties in the relatively near-term and require replacement. HDR conducted plant staff interviews to gather details about current operational issues, maintenance concerns, and preferences for the future. HDR used a “SWAT Team” approach at the start, consisting of a one-day site evaluation by a multi-disciplinary team. Experience Benefiting Englewood: • Evaluation of East River Raw Water Pump Station • Evaluation of Timberland and Prospect Booster Pump Stations • Holistic, multidisciplinary condition assessment of existing facilities • Alternatives development and evaluation Contract value $100K, Client contract number: N/A. Completed study on schedule and budget. KEY PERSONNEL ROLE IN PROJECT REFERENCE Jamie Eichenberger–PM, Ron Manske–Structural, Travis Moore–Electrical, Vince Fallon–Architectural Mike Fabbre, District Managermfabbre@ mcbwsd.com, 970.349.7575 Namaqua Hills, Morning Drive, and 29th Street Pump Station Studies/Improvements Owner: City of Loveland, CO | Studies 2016, Design 2018- 2019, Construction ongoing for some phases 29th St: HDR performed an expansion evaluation and phasing plan for the pump station to meet anticipated demand growth from housing developments. HDR provided the design and construction-phase services for the first phase of improvements which included pumps, motor control center (MCC), VFDs, standby generator, and electrical provisions for the upcoming expansion. The expansion includes a building addition for seven new pumps, an interconnect pressure regulating valve, and surge control measures. Morning Drive and Namaqua Hills: HDR provided predesign, design, and construction phase services for improvements. HDR initially performed a study to evaluate improvement alternatives including pump and electrical layouts, yard piping improvements, and storage tank improvements. New pumps, piping, MCC, and VFDs were designed and installed for each pump station. Both pump stations were in limited space which required temporary pumping to be installed outside to maintain service while improvements were implemented. Experience Benefiting Englewood: • Alternatives evaluation • Maintenance of operations during construction • Implementation planning 29th Contract value $50K #W1910C; Namaqua/Morning Contract values $290K #W1606C & W1911C. On schedule and budget. No significant change orders related to design. KEY PERSONNEL ROLE IN PROJECT REFERENCE Jeff Glover–QA/QC, Ron Manske–Structural, Travis Moore–Electrical Tanner Randall, Senior Civil Engineer, Tanner. Randall@cityofloveland.org, 970.962.3715 Page 382 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 6 Project Understanding With the construction of the McLellan Reservoir in 1948, the City started building a water system to support a high quality of life and economic vitality for its residents. That water system has served them well, but is now in need of renewal. As part of this effort, the City is exploring alternatives for renewal or replacement of the following facilities: • Union Pump Station: The Union Pump Station is the primary water supply for the City, diverting water from the South Platte River to the Allen WTP. • McLellan Pump Station: The McLellan Pump Station is the City’s backup water supply, diverting water from Chatfield Reservoir via the City Ditch to the McLellan Reservoir. Water can then be released from the Reservoir back to the City Ditch where there is a diversion to the Allen WTP. More importantly, it allows storage for water rights’ management and is a major source of revenue for the City. • Clarkson & Hampden/Cornell & Pennsylvania Booster Station: These stations lift water from Zone 1 to Zone 3. They each consist of two in-line horizontal split case pumps in a below-grade vault. • McLellan Pipeline: The McLellan Pipeline is believed to be 30” steel pipe between the McLellan Pump Station and Reservoir. The pipe can run in both directions, supplying water to the reservoir via the pump station, or release water from the reservoir back to City Ditch. A condition assessment of the four pump stations was completed in December 2019, and the pump stations were found to be in need of replacement. A holistic alternatives evaluation should be completed to identify a path forward for these critical facilities. The evaluation must consider: • Cost Effectiveness: Provide best-value solutions that appropriately balance costs of the improvements with the benefits. • Improved Reliability: Configure the pump station to provide adequate redundancy of process and electrical equipment for current and future flow. • Operator Health and Safety: Provide a safe and accessible working environment. • Maintenance of Operations During Construction: Identify strategies to limit or avoid outages. • Schedule: The City is currently operating at risk due to the condition of these critical facilities. Identify strategies to streamline the evaluation, design, and construction of improvements. Core Project Principles Successful delivery of this project is strengthened by our core principles for this project. Collaboration: Collaboration is at the heart of HDR’s project philosophy. We are committed to open and honest communication, and we will actively solicit input from O&M, engineering, and management throughout. We use a variety of tools to facilitate communication and collaboration. Operator Focus: We know that successful projects focus on the operators who have invaluable experience with your facilities. Our design procedures encourage input from your operations staff regarding safety/security, site arrangement, and equipment access. Holistic Design: It is especially important when making modifications to existing buildings to understand the full, holistic impact of changes in code requirements since original construction, such as building codes that may be required for an existing building or that existing structures are adequate for the new loads. By taking a holistic view, we can improve cost certainty and help avoid project delays. Safety by Design: We are committed to getting everyone home safely, every day. This is reflected in our design approach. We work with you to establish baseline safety goals, such as arc-flash protection, avoiding elevated work areas, providing safer space for equipment access, and limiting confined space entry. Quality: True quality control is a behavior shared by all team members. Quality management is integral to meeting project expectations. All deliverables, including invoices and progress reports, will receive rigorous QC reviews. Project Understanding, Approach, and Anticipated Schedule Page 383 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 SETTING THE STAGE DATA RECONNAISSANCE & ACQUISITION CONCEPTUAL DESIGN, IMPLEMENTATION PLAN, & FINAL REPORT As shown, we begin with engaging key stakeholders early in the project and establishing mutually agreed upon Level of Service (LoS) goals that will guide the team throughout the project. Data collection and review, including staff interviews and field investigation will be the next task, providing a holistic understanding of the current state of the facilities. Once complete, a current and future needs assessment will be finalized. The alternatives evaluations for the pump stations will be completed concurrently with the condition assessment of the McLellan Pipeline. Finally, the recommended alternatives will be collected and conceptual design completed for the preferred alternatives. In addition, an implementation plan including construction phasing, detailed schedule, and updated cost estimates will be developed and an alternative delivery assessment completed to recommend a preferred project delivery method. A final report will be prepared documenting project activities and recommendations for design and construction. Goals Identify key stakeholders for the project and engage them in establishing level of service goals. These goals will be used throughout the project to guide design and serve as evaluation criteria for critical decisions and prioritization. Major Components • Identify stakeholder group • Establish LoS goals Meetings • Kickoff meeting Deliverables • Workshop agenda and minutes • LoS goals Technical Memorandum (TM) Goals Review relevant background data, complete interviews with plant staff, and conduct multi-disciplinary field investigation of the facilities. Major Components • Prepare data request • Desktop review of background information • Staff interviews • Field investigation and condition assessment Meetings • Staff interviews • Site investigation results meeting Deliverables • Workshop agendas and minutes • Staff interview summary • Site investigation report Goals Compile work from previous tasks into a cohesive final report including a detailed implementation plan and conceptual design drawings. Major Components • Develop implementation plan for recommended improvements, including schedule, refined costs, and construction phasing • Provide a project delivery method assessment for the recommended project package • Develop conceptual design drawings • Compile final report Meetings • Conceptual Design and Implementation Plan Workshop • Final Report Workshop Deliverables • Workshop agendas and minutes • Cost estimate • Conceptual design drawings • Final report Goals Assess the condition and predict the remaining useful life of the McLellan Pipeline. Major Components • Review existing information on pipe design, soil conditions, age, and performance history • Complete field work • Prepare assessment summary and predict remaining useful life Goals Develop and evaluate alternatives for renewal or replacement of the pump stations. Major Components • Identify alternatives • Develop costs for alternatives • Evaluate alternatives • Recommend improvements Meetings • Alternatives Workshop • Alternatives Evaluation Workshop McLELLAN PIPELINE ASSESSMENT Project Approach Framework We have developed a project framework that outlines our approach for efficient delivery of the Englewood Pump Station Rehabilitation Engineering and Design Services project. CURRENT & FUTURE NEEDS ASSESSMENT Meetings • Pipeline Assessment Workshop (Combined with Alternatives Analysis Workshop) Deliverables • Workshop agendas and minutes • Pipeline Assessment TM Deliverables • Workshop agendas and minutes • Alternatives evaluation TM PUMP STATION EVALUATION Goals In collaboration with City staff, the results of the data review and field investigations will be reviewed and an outline of current and future needs developed. These will include capacity, functionality, controls, safety, and security considerations, and will build upon the LoS goals established in Step One. Major Components • Review results from previous tasks • Establish current and future facility requirements Meetings • Needs Assessment Workshop Deliverables • Workshop agenda and minutes • Needs Assessment TM 7 COST ESTIMATING: HDR routinely assists clients in providing accurate cost estimating throughout project development to help establish project budgets and phasing, evaluate alternatives, and design to the established budget. This table shows our estimating expertise on recent projects: EXAMPLES OF HDR’S ABILITY TO ESTIMATE CURRENT MARKET ENGINEER’S ESTIMATE ACCEPTED BID Greeley Digester $6,275,000 $6,235,834 Westminster Digester R&R $2,526,078 $2,561,900 Boulder Betasso WTF $27,205,000 $27,269,000 CWSD Mirabelle Lift Station $3,675,000 $3,099,800 Westminster HSPS R&R $14,022,000 $12,497,250 Westminster Dewatering Bldg $16,706,000 $17,406,146 Anticipated Schedule TIMELINE OF PROJECT MILESTONES DEC JAN FEB MAR APR MAY JUN W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 W1 W2 W3 W4 Project Management Setting the Stage Data Reconnaissance and Acquisition Current and Future Needs Assessment McLellan Pipeline Assessment Pump Station Evaluation Conceptual Design and Implementation Plan Meeting/Workshop Deliverable Page 384 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 8 Setting the Stage: Engagement and LoS Goals Our first step for this project will be to identify key stakeholders, including management, engineering, and O&M personnel. These stakeholders will be engaged throughout the project in regular workshops, and presentations at key milestones to gain their valuable input, and keep them abreast of project developments. To kick the project off, we will engage our stakeholders in a workshop to establish LoS goals for the project. Once established, these LoS goals will be used to develop and evaluate alternatives throughout the project and assist in project prioritization. Data Reconnaissance and Acquisition To support the assessment and evaluation, we recommend completing a comprehensive, multi-disciplinary evaluation focusing on characterization of the current conditions that will support or limit construction of improvements. The field investigation will serve as a means for finding issues or concerns that have not yet been identified. We will employ what we call a “SWAT team approach” to this investigation, consisting of a one-day site evaluation by a multi-disciplinary team of experts that will examine and document our detailed observations regarding the physical facilities. This approach limits the impact on your staff by gathering the required information over the course of a single day. Prior to our site visit for the SWAT tour, HDR will conduct staff interviews to gather details about current operational issues, maintenance concerns, and preferences for the future. Issues might include operation and control difficulties associated with various systems, safety concerns, instrumentation, monitoring or reporting issues, and anything else that will help HDR understand the current operational framework of the facilities. Current and Future Needs Assessment With the previous steps behind us, we will have an understanding of the City’s long-term needs and objectives, operational requirements, physical space, and budget constraints. We will develop a preliminary needs assessment based on this information and work collaboratively with you through a workshop setting to discuss and finalize the needs assessment. This will serve as the basis for our alternatives evaluation in the next phase. Pump Station Evaluation With the needs assessment in place, alternatives will be developed for each pump station that will meet the City’s objectives. As part of our analysis we will be considering: Accurate development of operating system curves: As the City is re-investing in these facilities to provide service excellence for its customers well into the future, the first major element is to confirm the operating parameters and LoS goals that each station must provide and determine if these are met by a “like for like” replacement or if a different configuration would better allow the City to sustainably meet its long-term LoS goals. Once operating parameters and pumping configurations are known, pump selection can be optimized to provide a wide range of flow scenarios. Jamie was the PM for a Mount Crested Butte WTP Assessment. HDR employed a “SWAT team” at the start of the investigation, consisting of a one-day site valuation by a multi-disciplinary team of experts that examined and documented detailed observations about the physical facilities. SWAT Team: HDR used our SWAT team approach on the City of Boulder’s 63rd WTF Pump Station Assessment and Improvements, allowing us to identify a comprehensive list of improvements, which reduced the potential for schedule delays/cost increases. Page 385 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 9 Optimized pump selection over multiple operating scenarios: To further optimize pump selection and operation, VFDs should be evaluated for control of the pumps. VFDs allow the pumps to operate over a wide range of parameters, but more importantly they allow pump operation to be tailored to the current operating conditions, as well as operating conditions well into the future. This may result in significant savings on energy and operational costs. Assess pump station piping: Above- ground piping will be evaluated to assess its reliability. Our approach for non-destructive testing of pump station piping consists of visual inspections paired with ultrasonic thickness testing to determine remaining useful life on the pipe. HDR used a very similar process to evaluate steel piping during a recent upgrade at the Betasso WTF. Review piping configuration: The configuration of the suction and discharge piping will be evaluated to determine if improvements can be made for hydraulic performance and to provide more resiliency in the piping. Poor hydraulics can lead to cavitation, which will cause premature wear on the pumps. Improvements in suction and discharge header configuration, paired with properly sized pumps, will mitigate the possibility for pump cavitation and provide more efficient operation of the pumps. Improved piping configuration, along with the use of VFDs, could allow smaller pumps to be installed, which will in turn lead to lower energy usage and lower operational costs at the facilities. Energy savings: The City could realize energy savings by selecting new, more efficient equipment to replace older, outdated equipment. Upgrades to the existing buildings will also be evaluated during our SWAT team and design processes. As these upgrades are implemented, the City will be able to make choices about sustainable materials and equipment. Evaluation Framework A robust decision-support methodology (figure above) allows for a more thorough cost/benefit analysis by using both monetary and non-monetary criteria. We recommend a best-value approach to analysis and selection of alternatives that combines life-cycle cost analysis with non-economic factors that are in alignment with the LoS goals established at the beginning of the project. With the critical nature of these facilities, comes the need to address risk and resiliency of the infrastructure. Each of these elements should be included in the evaluation framework if they are not included in the LoS established at the beginning of the project. This framework allows the alternatives to be evaluated in an easily understood and transparent manner. A similar process has been successfully used to recommend alternatives on many of our projects, and it provides a clear and defensible process for selection of best-value alternatives. The figure above shows a summary of this simple and defensible decision framework to provide best-value decisions. McLellan Pipeline Assessment Understanding this condition and remaining useful life are critical elements in developing an effective management strategy for the McLellan pipeline. For this project, we proposed the 3-step process described in the figure on the next page. Define Decision Criteria Assign Weights for Each Criteria CRITERIA 1 CRITERIA 2 CRITERIA 3 %%% Score Each Project for Each Criteria CRITERIA 1 CRITERIA 2 CRITERIA 3 Calculate Benefit Scores BENEFIT 1 BENEFIT 2 BENEFIT 3 SUM 1 2 3 4 5 x x x ====++ Criteria linked to values/goals Measure how each project contributes to values/goals Overall measure of benefits Sum of overall benefits leads to prioritized projects Relative importance given to criteria RESULT Page 386 of 559 City of Englewood | Englewood Pump Station Rehabilitation Engineering and Design Services | RFP NO. 20-037 10 The first phase of the assessment is referred to as a “desktop” survey. This phase leverages readily available information such as soil surveys, maintenance history, and staff interviews to understand the maintenance history and risks to the pipeline. The next steps move into the field along the alignment to perform a wenner 4-pin survey, electromagnetic conductivity testing, and a close interval survey. This will provide valuable information on the corrosion risk to the pipeline. From this point, the City will be able to determine the appropriate next steps for managing this critical infrastructure. Conceptual Design and Implementation Plan Once the recommended alternatives are selected, a conceptual design will be completed. From the conceptual design, an implementation plan will be developed that considers: 1. Implementation Schedule 2. Refined Costs 3. Maintenance of Operations During Construction 4. Preferred Project Delivery Method Following completion of the implementation plan, a final report will be prepared, summarizing the results of previous tasks. A high-level, Executive Summary will be included that relies on pictures, graphics, and tables to summarize the key outcomes from the project rather than using blocks of text. Maintenance of Operations during Construction As part of the Implementation Plan, we will be preparing detailed implementation schedules and maintenance of operations plans for recommended projects. These plans will identify strategies to maintain facility operations during “In my 40+ years in the utilities industry, I have never been involved in a project with the degree of complexity and unknowns that the Betasso project presented to both the design and construction teams. Both teams overcame all of the obstacles as they arose and exceeded my expectations for the entire project.” — Tom Settle, Boulder Water Treatment Manager construction through project phasing, temporary facilities, and bypass piping to provide continuity of water production through implementation of major improvements. For example, we worked with Boulder to develop similar plans for the Betasso WTF and the 75th St. WRRF projects. As a result, the Betasso WTF was only shutdown a total of six times over more than three years of construction—an unheard of level of uptime for a project of this complexity and scope (see quote below). Similarly, operation of the WRRF has been uninterrupted over 18 months of construction involving replacement of major electrical equipment throughout the facility. Our experience and thoughtful approach to maintaining plant operations through construction will allow you to continue to reliably supply water throughout the duration of construction of the recommended improvements. Project Delivery Method Evaluation Our team has experience with a variety of project delivery methods, including traditional design-bid-build, CMAR, and both lump sum and progressive design-build. Alternative delivery can have advantages in accelerating project delivery schedules, gaining contractor input during design, and providing greater cost certainty. However, there are also cost, contract administration, procurement, and selection schedules to consider that are different for every project. We understand the advantages and disadvantages of each method and, as part of the implementation plan, we will help you understand what delivery method is appropriate for the recommended improvements. We regularly assist clients in evaluating, procuring, and contracting alternative delivery, including recent projects with Greeley, Breckenridge, Erie, and the St. Vrain Sanitation District. We will also be completing a similar analysis for the 63rd WTF project over the next few months, and can bring this experience to your project. Page 387 of 559 For the Westminster Semper HSPS project, HDR evaluated the existing pumping configuration and piping to improve reliability, water quality, and hydraulic performance. Appendix Page 388 of 559 1 EDUCATION Bachelor of Science, Engineering, Colorado School of Mines Master of Science, Environmental Science and Engineering, Colorado School of Mines REGISTRATIONS Professional Engineer, Colorado, No. 43223 Professional Engineer - Civil, California, No. 80304 PROFESSIONAL MEMBERSHIPS Water Environment Federation, President- Elect RMWEA, Past-President RMSAWWA, Member INDUSTRY TENURE 15 years OFFICE LOCATION Denver, CO “HDR completed Denver Water’s Treated Water Planning Study in 2017 [Jamie was the Project Manager]. We challenged HDR to base recommendations on 4 alternate planning futures, and they worked well with limited direction and with multiple other Divisions at Denver Jamie Eichenberger PE Project Manager Jamie will serve as project manager for this project and he is your primary point of contact. He brings more than 15 years of project management experience across a variety of water and wastewater projects, and he understands that project management goes beyond just tracking the scope, schedule, and budget. Jamie has worked extensively with the City on both the water and wastewater systems and will lead our team to keep your goals and drivers in mind throughout the project. RELEVANT EXPERIENCE City of Boulder, 63rd Water Treatment Facility (WTF) High Service Pump Station (HSPS), Boulder, CO Project Manager. The 63rd WTF was constructed in 1969 with major improvements to the HSPS in the 1990s and 2000s. Much of the equipment has reached the end of its useful life and is in need for replacement. A multi- disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Following the field investigation, alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of workshops, these alternatives were presented, developed, and evaluated with the ultimate selection of replacing the existing pump station with new closed can pumps. With the preferred configuration selected, we are working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of design. Mt. Crested Butte Water and Sanitation District, Water Treatment Plant Assessment, Mt Crested Butte, CO As project manager, Jamie completed a detailed multi-disciplinary condition assessment of the Mt. Crested Butte WTP, Meridian Lakes WTP, East River Pump Station, Timberline Tank and Pump Station, and Prospect Tank and Pump Station. A treatment assessment was also completed for the Mt. Crested Butte WTP, and recommendations made for expansion of the WTP. A detailed review of the East River Pump Station and the viability of maintaining the existing pump station structure was completed, and recommendations made for further inspection of the associated raw water pipeline. Results of the condition and treatment assessments were combined into a phased capital improvements plan. Centennial Water and Sanitation District, Water Treatment Plant Utility Plan, Highlands Ranch, CO Project Manager. HDR completed a comprehensive facility plan for restoring capacity at the Joseph Blake Water Treatment Plant. Key aspects of the project included preparing demand projections, hydraulic modeling to support sizing of the high-service pump station and identify required surge Page 389 of 559 JAMIE EICHENBERGER, PE 2 Water. Even provided with last-minute changing conditions, HDR completed the study on- time and on-budget. The overall project management and hydraulic modelling were superb.—Cindy Marshall, Engineering Manager, Hydraulics, Denver Water I wanted to...recognize the team that worked on the Water Treatment Utility Plan for the Joe Blake Water Treatment Plant (JBWTP)....This project involved evaluating the entire plant from the forebay, through the filters, to residuals handling. HDR’s team, led by Jamie Eichenberger...[has] been very responsive, flexible, and have come up with some creative solutions to meet our schedule and budget constraints. Their professionalism has been appreciated on this very important project.—Ken Lykens, Director of Water & Wastewater Operations, Centennial Water and Sanitation District controls, and facilitating a level-of-service goals workshop. The bulk of the project was a process performance evaluation of the existing WTP and developing alternatives to provide reliable capacity up to 40 mgd under deteriorating raw water quality conditions. A CIP was developed, providing a phased implementation plan based on system growth, regulatory drivers, and financial planning. Centennial Water & Sanitation District, Mirabelle Lift Station, Highlands Ranch, CO Project Manager. Design and construction services for a new 800 gpm lift station for the Mirabelle Development in Highlands Ranch, CO. Flow projections were developed, design completed, and engineering services during construction provided for the Lift Station, which consisted of four submersible pumps in a split wetwell, grit and FOG removal system, odor control, and backup power generation. Denver Water, 2016 Treated Water Planning Study, Denver, CO Jamie worked with Denver Water staff and their Integrated Resource Plan team to develop a treated water planning study identifying the baseline performance of the transmission and distribution system, evaluating alternatives to support future demand scenarios, and developing a toolbox of capital improvements tied to demand triggers that provide a phased approach to implementing long-term improvements. In addition, the existing system was evaluated using Optimatics to optimize energy usage, reducing pumping and reconfiguring PRVs throughout the system. City of Longmont, Reuse Pump Station Evaluation, Longmont, CO Feasibility analysis of constructing a new reuse pump station on the WWTP site to feed the in-plant service water system. Service water demands were gathered and analyzed. Supply alternatives were evaluated to determine what areas should be served by the reuse pump station. A lifecycle cost analysis was completed for the selected alternative to make a business case evaluation for construction and operation of the pump station compared to continuing to feed the system from the potable water system. City of Boulder, 75th St. WRRF Load Center and MCC Replacement, Boulder, CO Project Manager. Prepared as-built drawings of existing electrical equipment, demolition plans for equipment to be removed, and design documents for replacement with new equipment. The project required detailed construction sequencing to avoid interruptions to operations during construction and contractor prequalification. Contract duration was from 2017 through 2020 due to the need to limit impacts to operations over the construction period. City of Boulder, 75th St. WRRF Process Automation System Phase II Improvements Design, Boulder, CO Project Manager. Designed site-wide improvements to the Process Automation System to replace aging equipment, improve reliability, and address health and safety issues. Key project components include replacement of Centrifuge VFD and control panels to separate 480V and low voltage wiring, extending the fiber optic communications system, replacing DeviceNet communications with Ethernet, replacing old PLCs with GE Rx3i per facility standards, and replacing aging LCPs. Page 390 of 559 1 EDUCATION Master of Science, Civil Engineering, University of Colorado, Boulder REGISTRATIONS Professional Engineer, Colorado, US, #PE- 46562 INDUSTRY TENURE 15 years OFFICE LOCATION Denver, CO Tricia Quigley PE Pump Stations Lead Tricia is an engineer with a broad background that includes experience with master planning, GIS modeling, capital improvement planning, pump station design, water treatment facility design, and construction management. Tricia has a background in the commercial construction industry and has extensive experience in the permitting processes of many governmental agencies. RELEVANT EXPERIENCE City of Boulder, 63rd WTF HSPS, Boulder, CO Pump Stations Lead. Much of the equipment has reached the end of its useful life and is in need for replacement. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of workshops, these alternatives were evaluated with the ultimate selection of replacing the existing pump station with new closed can pumps. With the preferred configuration selected, we are working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of design. Town of Breckenridge, Second Water Treatment Plant Breckenridge, CO Project Manager for HDR’s professional design services for a Second WTP to supplement the potable water production of the Town's Tarn WTP. The project includes the design and construction of a new 4.5 mgd WTP, a raw water intake on the Blue River at the location of the designated water right, a pump station adjacent to the intake, and both raw water and finished water pipelines to deliver water to the plant and to the North Tank from the plant. The project utilizes the Construction Manager at Risk (CMAR) process. City of Boulder, Betasso Water Treatment Plant Assessment & Design Boulder, CO Project Manager. HDR identified and designed improvements needed for 40 mgd sustainable capacity at this plant, prioritize asset replacement, and develop a 20-year CIP. HDR performed a condition assessment on the piping, plant service water pumps, and fire protection pumps to recommend improvements to increase reliability and meet future demands. The existing plant service water supply was provided by in-plant pumps that were used to maintain pressure and supply water to the plant, chemical systems, administrative offices, maintenance area, HVAC equipment, and other plant uses. HDR completed design of the Phase 1 improvements. Town of Breckenridge, Tarn WTP Improvements Breckenridge, CO HDR performed an analysis of existing conditions and possible improvements at the Tarn WTP to develop a capital improvement plan. Cost opinions were provided and considered in the recommended phasing. Page 391 of 559 TRICIA QUIGLEY, PE 2 Operator interviews allowed HDR to identify major concerns of the operating team, along with problem areas identified through a swat team review of all parts of the plant. Sequencing and scheduling of improvements were integrated with Town plans for development of a second water plant. Town of Breckenridge, Tarn WTP Phase II Breckenridge, CO As follow-up to the Tarn WTP evaluation, HDR performed two additional detailed studies of the Tarn WTP. One study focused on the filters and included excavation and analysis of filter media, observation of backwashing and development of improvements to filtration and backwashing that can be implemented in conjunction with other capital improvement projects. The other study’s objective was to develop a network architecture plan. The plant was built in three phases, with significant variability in the automation of the three package treatment units in the plant. In order to make future changes with appropriate planning to allow treatment optimization, an understanding of the plant controls architecture and a plan for incorporating future changes was produced. City of Thornton, Zone 2-3 Pump Station Thornton, CO HDR provided design services for a new water pump station to serve two water pressure zones. Design included two separate sets of pumps that have provisions to allow operators to take water from two different lower pressure zones for delivery to a higher pressure zone. HDR also provided assistance in updating the hydraulic model to determine system curves for the pump selection and performed a surge analysis to determine pump station protections. Xcel Energy, Cherokee Diversion Pump Station Denver, CO HDR assisted Xcel with permitting, design, and construction management of a new South Platte River water diversion to supply additional cooling and operating water. New facilities included an in-water intake structure, a pumping station/wet well and transformer, a 3400-foot pipeline, and an ammonia removal facility. City of Bozeman, Hyalite/Sourdough WTP Bozeman, MT HDR designed and provided construction administration services for a new 22-mgd membrane WTP and raw water supply. The project included raw water intake design, construction of new raw water supply pipelines, new pressure membrane facility with membrane feed pumping station, and a new 84-inch-diameter effluent pipeline. City of Greeley, WTPs Needs Assessment Greeley, CO HDR worked with the City to evaluate the Boyd Lake and Bellvue WTPs to determine planned capital improvements, prioritize improvements, and provide cost estimates. Planned improvements included new treatment trains and improvements to existing pretreatment; filtration; chemical storage facilities; and electrical service, power distribution, and SCADA systems. City of Sheridan, WTP Improvements Sheridan, WY HDR provided engineering services for the Big Goose Water Treatment Plant and Sheridan WTP Pretreatment Improvements. Project included pre- design, final design, bid administration services, and construction services. Page 392 of 559 1 EDUCATION Bachelor of Mechanical Engineering, Mechanical Design, University of Wyoming REGISTRATIONS Cathodic Protection Technician, US, #46539 NASSCO Pipeline Assessment and Certification Program Professional Engineer – Nebraska, #E12411; North Dakota, #PE- 10266; Oklahoma, #26661; Texas, #111985; New Mexico, #23662; Ohio, #84622; Illinois, #062066582; Wyoming, #PE 15747; South Dakota, #13741; Minnesota, #55771 PROFESSIONAL MEMBERSHIPS National Association of Corrosion Engineers (NACE) American Water Works Association, Condition Assessment, Member INDUSTRY TENURE 32 years OFFICE LOCATION Omaha, NE Jeff Giddings PE, CPT Pipeline Assessment Lead Jeff has more than 20 years of experience as an engineer involved in a variety of piping applications including water/wastewater conveyance systems. Jeff has extensive experience performing pipeline condition assessments using a variety of testing methods, including numerous external direct assessments and failure analyses. He has experience dealing with pipeline electrical continuity, alternating and stray current surveys, and internal pipe inspections. He has evaluated corrosion protection and provided design of corrosion mitigation systems. His background has included performing soil corrosivity studies and evaluating corrosion protection methods. RELEVANT EXPERIENCE City of Fort Collins, Cathodic Protection (CP) Master Plan Fort Collins, CO HDR prepared a Cathodic Protection Master Plan with the purpose to capture the existing CP program history, summarize the current state of the CP system, and identify improvements with associated priorities. The CP master plan included summarizing program history and activities performed to date, analysis of 2011-2016 CP test station readings, performance of field testing on span discontinuities, performance of test station reads to assess existing CP system conditions, summarizing the status of the existing CP system condition, and identification of CP system improvements, associated construction costs, and improvement priorities. City of Loveland, CP Readings and Retrofit Loveland, CO HDR assisted the City with investigating, documenting, and making recommendations for the improvements to the existing network of CP on the City's treated water distribution network. HDR will test and document each CP test station. The team will also design a CP retrofit for the existing 29th Street Steel Tank. RTD Eagle P3 Project Denver, CO Jeff was the Corrosion Project Manager for the corridor-wide drainage and utility work. Denver Water, North System Renewal Denver, CO The project was a 8.5 mile-long, 84-inch diameter raw water pipeline that replaced the capacity currently provided by two existing pipelines Page 393 of 559 JEFF GIDDINGS, PE, CPT 2 (Conduits 16 & 22). Jeff provided cathodic protection system design and mitigation of stray currents from crossed foreign pipelines. Denver Water, Conduit 94 Survey, Denver, CO HDR provided corrosion engineering services on Conduit 94. A pipeline current mapper was used to provide condition information regarding pipeline coating quality, cathodic protection attenuation, coating faults, branch lines, insulators and discontinuities in the pipeline. Upper Eagle Regional Water Authority (UERWA), Spur Road Waterline, Vail, CO HDR was working with CDOT on a separate contract to provide roadway improvements for the Edwards Spur Road Corridor between US Highway 6 and Miller Ranch Road. UERWA and HDR coordinated to incorporate necessary waterline improvements into the CDOT roadway improvements project to provide an integrated design team for efficient and streamlined execution of the design and construction phase services. The waterline design services included a new 16" and 24" waterline, as well as a sanitary sewer segment and tunneling under UPRR, as well as integrating branch line connections along the busy roadway improvement corridor. HDR collaborated with UERWA, CDOT, FHWA, and UPRR to evaluate numerous alignment options for the new waterlines, sanitary sewer, and crossing of the railroad. The project included an aerial section of waterline suspended underneath a new overpass with a utility walkway for inspections. Xcel Energy, Xcel Pipeline Delineation Program, Various HDR was engaged to delineate underground oil and gas infrastructure in and around proposed Xcel above ground electrical transmission lines. Field data were added to the maps to provide a comprehensive picture of existing underground infrastructure. City of San Diego, As-Needed Engineering Wastewater Facilities Condition Assessment San Diego, CA Provided as-needed condition assessment services and corrosion engineering for city's sewer pipeline system, which included pipelines ranging from 8 to 120 inches in diameter. Work included the use of closed circuit television (CCTV) to gather review and validate all available data and update the existing CCTV Tool Box. Other tasks performed included preparation of a condition assessment work plan, field data collections, and preparation of a repair/rehabilitation and replacement (R&R) action plan that included a comprehensive financial analysis, projected timeline, and cost estimate for each pipeline implementation. Page 394 of 559 1 EDUCATION Bachelor of Science, Civil Engineering, Case Western Reserve University REGISTRATIONS Professional Engineer, Colorado No. 37477 Professional Engineer, California No. C40716 INDUSTRY TENURE 41 years OFFICE LOCATION Denver, CO Jeff Glover PE QA/QC Jeff is a seasoned designer of municipal and industrial wastewater and water treatment plants, with projects ranging in size from 100 gpm to 100 mgd. His experience also includes control systems, operations, structural design, collection and conveyance, and membrane treatment facilities. For the past 15 years, Jeff has been focusing on QA/QC, project advising, construction, and alternative methods for delivery projects. RELEVANT EXPERIENCE City of Boulder, 63rd WTF HSPS, Boulder, CO The 63rd WTF was constructed in 1969 with major improvements to the HSPS in the 1990s and 2000s. Much of the equipment has reached the end of its useful life and is in need for replacement. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Following the field investigation, alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of workshops, these alternatives were presented, developed, and evaluated with the ultimate selection of replacing the existing pump station with new closed can pumps. With the preferred configuration selected, we are working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of design. City of Boulder, Betasso WTF Capital Improvements Project, Boulder, CO The Betasso WTF is a conventional surface water treatment plant designed for 50 mgd, but is limited to a reliable capacity of 28 mgd. HDR identified and designed improvements needed for 40 mgd sustainable capacity at this plant. Jeff has been a Technical Advisor on the project. City of Westminster, Semper HSPS Repair and Rehabilitation, Westminster, CO Project Manager. The HSPS pumps finished water from the Semper WTP into the distribution system with a series of 400hp and 600hp pumps. The HSPS electrical system is approximately 25 years old, and is reaching the end of its service life. In addition, the electrical system is vulnerable to multiple single points of failure and has inadequate standby power to maintain the required peak flows during utility power outages. The City engaged HDR to develop a plan for upgrading the electrical system to reduce single-points of failure, provide additional standby power, and enhance operational and maintenance flexibility. The design will replace the majority of the electrical equipment in the pump station while maintaining ongoing pump station operation. A key feature is repurposing an existing room to contain new electrical equipment, avoiding a costly expansion to the pump station building. Town of Breckenridge, Second Water Treatment Plant, Breckenridge, CO The Town of Breckenridge selected HDR to provide professional design services for a Second WTP to supplement the potable water production of the Town’s Tarn WTP. The project involves the design and construction of a new 4.5 mgd WTP, a raw water Page 395 of 559 JEFF GLOVER, PE 2 intake on the Blue River at the location of the designated water right, a pump station adjacent to the intake, and both raw water and finished water pipelines to deliver water to the plant and to the North Tank from the plant. In addition, HDR will carefully address the constructability and operability of the new facilities as the WTP will be constructed under the Construction Manager at Risk (CMAR) process. Jeff has been the design manager for the project. Xcel Energy, Cherokee Diversion Pump Station, Denver, CO HDR assisted Xcel Energy with permitting, design and construction management of a new South Platte River water diversion to supply additional cooling and operating water for the Cherokee Station. New facilities include an in-water intake structure, a pumping station/wet well and transformer, a 3,400-foot pipeline, and an ammonia removal facility. City of Greeley, Boyd Lake and Bellvue WTPs, Greeley, CO HDR is providing pre-design, design, and construction engineering services for upgrades to Greeley's 20 mgd Bellvue WTP and for the expansion of the Boyd Lake WTP from 28 to 40 mgd. Jeff has been a Technical Advisor on the project. City of Aurora, Hutchinson Irrigation Pump Station Replacement (Aslan Construction), Aurora, CO Project Manager. HDR was responsible for design and construction of a 1,200-gpm irrigation pump station to replace an existing facility that was suffering from a 12-inch differential settlement of the pump station building. HDR designed a replacement station using a packaged pumping system and a precast concrete building. This fast- tracked project was designed, constructed, and operational in a five-month period. City of San Leandro, Submersible Pumping Station Structural Design, San Leandro, CA Project Manager. Responsible for the design of a 1-mgd submersible pumping station. Also provided construction services for the pumping station. City of Billings, WTP Filter Building Expansion and Improvements, Billings, MT Quality Control for the design of a $12 million expansion to the surface WTP, including the addition of four new filters, replacement of existing flumes, valving, and the construction of a new operations center and maintenance building. Town of Estes Park, Mary's Lake WTP Services, Estes Park, CO HDR provided design and bidding services for the Mary's Lake WTP Improvements which retrofits the 2-mgd conventional treatment facility with submerged membrane technology, increasing capacity to 4 mgd in cold water / 5 mgd in warm water. The expansion was accomplished without expansion of the existing plant structure other than a new external stairwell. City of Newport, Water Treatment Plant Improvements, Newport, OR Quality Control. HDR provided predesign and final design, bid support, and inspection services for the expansion of its water treatment facility. The City currently owns and operates a 4 mgd potable water system that was being upgraded to a new membrane water treatment facility capable of treating 6 mgd. City of Sheridan, WTP Improvements, Sheridan, WY Quality Control. HDR provided engineering services for the Big Goose WTP and Sheridan WTP Pretreatment Improvements. Project included pre-design, final design, bid administration services, and construction services. Page 396 of 559 1 EDUCATION Master of Civil Engineering, Structural Engineering, Colorado State University Bachelor of Science, Civil Engineering, University of Wisconsin, Platteville REGISTRATIONS Professional Engineer, Colorado No. 38655 Professional Engineer, California No. 64964 Professional Engineer, Texas No. 93353 Professional Engineer, Oklahoma No. 24740 Professional Engineer, Wyoming No. 13922 Structural Engineer, California No. 6154 INDUSTRY TENURE 20 years OFFICE LOCATION Denver, CO Ron Manske PE, SE Structural Lead Ron has managed and participated in all aspects of structural engineering projects including fee setting, scheduling, staffing, engineering, and construction administration. As a senior structural engineer at HDR, Ron is the lead structural engineer on water/wastewater and infrastructure projects. Ron has also served on internal committees to continually improve technical standards and resources and developed technical standards, typical details, and design guidelines. Ron is proficient in Revit Structure, AutoCAD, Risa 3D, Risa Floor, RAM Structural System, STAAD, L-Pile, PCA Column, Enercalc, Microsoft Project, and has authored numerous Excel design spreadsheets. RELEVANT EXPERIENCE City of Boulder, 63rd WTF HSPS, Boulder, CO The 63rd WTF was constructed in 1969 with major improvements to the HSPS in the 1990s and 2000s. Much of the equipment has reached the end of its useful life and is in need for replacement. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Following the field investigation, alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of workshops, these alternatives were presented, developed, and evaluated with the ultimate selection of replacing the existing pump station with new closed can pumps. With the preferred configuration selected, we are working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of design. City of Westminster, Semper HSPS Repair and Rehabilitation (R&R) Westminster, CO The HSPS pumps finished water from the Semper WTP into the distribution system with a series of 400hp and 600hp pumps. The HSPS electrical system is approximately 25 years old, and is reaching the end of its service life. The City engaged HDR to develop a plan for upgrading the electrical system. The design will replace the majority of the electrical equipment in the pump station, including medium-voltage motor controllers, while maintaining ongoing pump station operation. A key feature of the upgrade concept is repurposing an existing room in the HSPS to contain new electrical equipment, thereby avoiding a costly expansion to the pump station building. City of Boulder, Betasso Water Treatment Facility, Boulder, CO HDR provided design services for upgrades and improvements to the existing treatment facility. The facility includes large concrete structures constructed in the 1960s/1970s, extending 25 feet below grade. Upgrades to the facility will require significant structural modifications, including rehabilitation of existing concrete structures, demolition of slabs and walls, and retrofit for new treatment technologies that will require additional concrete structure and strengthening of Page 397 of 559 RON MANSKE, PE, SE 2 existing structures. Ron served as lead structural engineer, first providing a comprehensive structural assessment of the plant, then leading and participating in all structural design and performing a construction feasibility study to ensure that challenging site conditions would not prohibit construction of the reconstructed settling basins. City of Greeley, Boyd Lake and Bellvue WTPs, Greeley, CO Ron provided a comprehensive structural review of both facilities, identifying areas needing both short-term and long-term improvements. These included structural deterioration of buildings and aging treatment structures, for which rehabilitation and repairs were designed and specified. HDR then designed the first phase of improvements to the Boyd Lake plant, which included modifications to and repurposing of the settling basins. Town of Breckenridge, Second WTP, Breckenridge, CO HDR completed design for a second WTP for the Town. With an ultimate capacity of 4.5 mgd, the plant includes a raw water pump station to transfer water from the Blue River to the plant, three treatment trains, a residuals facility, an administration building, and a high service pump station to the town water supply. The project will be located in a high-profile area of the town with building aesthetics playing a key factor in the design. Ron serves as lead structural engineer for the project, leading and participating in all aspect of structural design, selection of building systems, and constructability reviews. Town of Breckenridge, Tarn WTP Improvements, Breckenridge, CO HDR performed an analysis of existing conditions and possible improvements at the Tarn WTP to develop a capital improvement plan. Cost opinions were provided and considered in the recommended phasing. Operator interviews allowed HDR to identify major concerns of the operating team, along with problem areas identified through a swat team review of all parts of the plant. Sequencing and scheduling of improvements were integrated with Town plans for development of a second water plant. Ron provided a structural assessment and code-compliance review of the facility, identifying necessary improvements for structural integrity and life safety. City of Boulder, 75th St. WRRF Load Center Replacement, Boulder, CO HDR developed concepts in collaboration with plant staff for replacement of motor control centers and unit substation load centers at the WRRF. Field reconnaissance was performed to inventory existing equipment and components, and was used to form the basis for the design of new equipment to replace the existing equipment. As-built drawings were prepared for each MCC and LC, identifying the location, dimensions, electrical loads, and control strategies for each piece of equipment. A preliminary design report was prepared to summarize recommendations for replacement or refurbishment, identify replacement equipment and preliminary costs, and establish construction sequencing strategies to minimize the impact on operations. Final design drawings and specifications were prepared to competitively bid the project to prequalified contractors. Construction phasing was considered at the beginning of the design to assist with smooth replacement and manage electrical system downtime. Page 398 of 559 1 EDUCATION Bachelor of Science, Electrical Engineering, Colorado School of Mines Master of Science, Electrical Engineering, Colorado School of Mines REGISTRATIONS ISI Envision Sustainability Professional Professional Engineer, Colorado No. 38135 Professional Engineer, Arizona No. 58037 Professional Engineer, Montana No. 17173 Professional Engineer, New Mexico No. 22537 Professional Engineer, Oklahoma No. 24740 Professional Engineer, Utah No. 6164962-2202 Professional Engineer, Wyoming No. 10285 MSHA Mine Safety Training - New Miner Safety/First Aid//CPR/BBP, US, #5000-23 surface coal, metal/non-metal INDUSTRY TENURE 21 years OFFICE LOCATION Denver, CO Travis Moore PE, ENV SP Electrical/I&C Lead Travis is an experienced project and engineering discipline manager, electrical design engineer, field engineer, and startup and commissioning engineer. A significant amount of his project experience is in municipal, governmental, and private industrial water and wastewater systems. His project experience includes low- and medium-voltage power distribution, PLC/SCADA, instrumentation and controls, renewable/alternative energy, energy use and energy portfolio management, and standby power generation. Travis has broad experience in assessing existing electrical systems and developing forward-looking strategies and plans for system modifications and upgrades. RELEVANT EXPERIENCE City of Boulder, 63rd Water Treatment Facility (WTF) High Service Pump Station (HSPS), Boulder, CO Electrical Lead. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Following the field investigation, alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. In addition, a campus-wide electrical assessment was completed. Major electrical equipment inspected to determine its remaining useful life, and alternatives were developed for replacement or refurbishment of aging equipment. In addition, this project provided an opportunity to improve the reliability of the electrical system by looping the site- wide electrical backbone, providing redundant primary transformers, and improving standby power generation. A site SCADA study was also completed to review the obsolescence of existing PLCs, improve the reliability of the fiber backbone throughout the site, and recommend needed improvements to the HMI. A review of cybersecurity was completed and recommendations made to improve the overall security of the site. City of Westminster, Semper HSPS Reliability and R&R Improvements, Westminster, CO Travis served as the Senior Electrical Engineer on this project, which includes removal, replacement, and upgrades of electrical and control system equipment at three operating water facilities, one of which pumps the vast majority of the City’s treated water. HDR developed concepts in collaboration with plant staff for elimination of 2400V equipment and improvement of overall system reliability and operation and maintenance flexibility. The project includes new VFDs, main-tie-main switchgear, motor control center modifications, service transformers, and standby generation systems. The electrical and control systems designs were closely coordinated to allow constructability, and include provisions for control system equipment that is being replaced by the City in-house. The electrical and control Page 399 of 559 TRAVIS MOORE, PE, ENV SP 2 system designs are arranged to allow construction with few or no process shutdowns at the three project sites. Town of Breckenridge, Second Water Treatment Plant, Breckenridge, CO The Town selected HDR to provide professional design services for a Second WTP to supplement the potable water production of the Town's Tarn WTP. The project includes the design and construction of a new 4.5 mgd WTP, a raw water intake on the Blue River, a pump station adjacent to the intake, and both raw water and finished water pipelines to deliver water to the plant and to the North Tank from the plant. Travis performed QC reviews. City of Boulder, Betasso Water Treatment Facility, Boulder, CO HDR identified and designed improvements needed for 40 mgd sustainable capacity at this plant, including modifications to the pretreatment process and addition of a solids dewatering facility. Travis assessed the existing electrical distribution systems and developed and implemented the strategy for improvements to enhance reliability, effectiveness of standby power systems, and integration of power from the adjacent hydropower and solar generation facilities. The project included new full-site standby power, modification of the site medium voltage distribution system, installation of new main-tie-main switchgear, significant upgrades to the existing low-voltage power distribution system, and close coordination with Xcel Energy. City of Greeley, Boyd Lake and Bellvue WTPs, Greeley, CO Travis assisted the City in negotiations with Xcel Energy and Loveland Power related to a standby utility service at the Boyd Lake WTP, and conceptual design of the medium voltage automatic switching system associated with the redundant utility services. Travis also assisted the City in modifying the existing medium-voltage site distribution system at the Bellvue WTP to provide power to a new treatment complex and negotiating with Xcel Energy to provide an upgraded distribution line to power the expanded site. City of Westminster, Big Dry Creek WWTP Solids Dewatering and Campus Wide Improvements, Westminster, CO HDR designed a new sludge dewatering facility at the Big Dry Creek WWTP. Travis served as the Senior Electrical Engineer on this project, which includes an entirely- new solids dewatering building and associated modifications to the site medium- voltage distribution system and standby power system. The project includes modifications and additions to the plant control system, additional cross-site fiber optic trunk cables, and replacement of process instruments, modifications to process control system programming and control philosophy, and on-site programming and configuration services. City of Westminster, Reclaimed Water Treatment Facility (RWTF) Phase 2 Expansion, Westminster, CO Travis executed the electrical design and construction administration tasks for the Phase 2 expansion of the RWTF located adjacent to Big Dry Creek WWTP. The project included new 500HP vertical turbine pumps operated on low-voltage (480V) VFDs, switchgear expansion, pump refurbishment, and treatment trains’ expansion. Page 400 of 559 1 EDUCATION Bachelor of Science, Engineering Technology, University of Nebraska, Lincoln Associate of Science, Engineering Technology, University of Nebraska, Lincoln Associate of Science, Design Drafting Technology, University of Nebraska, Lincoln REGISTRATIONS Construction Documents Technologist, Nebraska PROFESSIONAL MEMBERSHIPS Construction Specifications Institute, National, Uniform Drawing System Task Team Member Construction Specifications Institute International Concrete Repair Institute (ICRI) National Association of Corrosion Engineers (NACE), Omaha Section INDUSTRY TENURE 32 years OFFICE LOCATION Omaha, NE Vincent Fallon Architectural Vincent has extensive experience in the design and construction industry. He is experienced in producing construction drawings and specifications. He has a strong knowledge of building codes and life, safety, and accessibility requirements. He is a technical specialist for several HDR master specifications and has been involved in the development of company-wide standards for computer-aided design. Vincent has extensive project experience with schematic design; design development; review for compliance with building, life safety, and accessibility codes; preparation of construction drawings; specification writing; and project coordination. RELEVANT EXPERIENCE City of Boulder, 63rd WTF HSPS, Boulder, CO The 63rd WTF was constructed in 1969 with major improvements to the HSPS in the 1990s and 2000s. Much of the equipment has reached the end of its useful life and is in need for replacement. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Following the field investigation, alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety of the process. Through a series of workshops, these alternatives were presented, developed, and evaluated with the ultimate selection of replacing the existing pump station with new closed can pumps. With the preferred configuration selected, we are working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of design. City of Boulder, Betasso Water Treatment Plant Assessment & Design, Boulder, CO HDR identified and designed improvements needed for 40 mgd sustainable capacity at this plant, including modifications to the pretreatment process and addition of a solids dewatering facility. The project identified improvements needed to achieve a 40-mgd sustainable capacity, prioritized asset replacement, and developed a 20-year CIP for the plant. HDR completed design of the Phase 1 improvements. Mt Crested Butte Water & Sanitation District, Water Treatment Plant Assessment, Crested Butte, CO HDR conducted facility assessments to evaluate the condition of existing structures and equipment. HDR also conducted a treatment assessment to evaluate the effectiveness and efficiency of treatment processes, and to identify hydraulic limitations. HDR prepared a detailed review of the facility and its treatment processes to determine which elements are viable for the long-term and which will present difficulties in the relatively near-term. HDR conducted plant staff interviews to gather details about current operational issues, maintenance concerns, and preferences for the future. HDR used a Page 401 of 559 VINCENT FALLON 2 "SWAT team" approach at the start, consisting of a one-day site evaluation by a multi-disciplinary team. The treatment assessment consisted of a comprehensive analysis of water quality from the raw water supply to the finished water leaving the plant, with focus on each unit process. Town of Breckenridge, Second Water Treatment Plant, Breckenridge, CO The Town of Breckenridge selected HDR to provide professional design services for a Second WTP to supplement the potable water production of the Town's Tarn WTP. The project includes the design and construction of a new 3 mgd WTP, a raw water intake on the Blue River at the location of the designated water right, a pump station adjacent to the intake, and both raw water and finished water pipelines to deliver water to the plant and to the North Tank from the plant. The project utilizes the CMAR process. City of Billings, WTP Chemical UV Design & Construction Administration, Billings, MT HDR provided engineering services for the design, bidding, construction, operation and maintenance, manual training, and startup phases for the Billings WTP Chemical Building/UV Improvements Project. The project also includes a second parallel filter effluent line from the Filter Building to the High Service Pump Station Transfer Pump Wetwell. City of Greeley, WTPs' Needs-Assessment Greeley, CO HDR assisted the City with a Water Treatment Assessment Study for the City's WTPs - the Bellvue WTP and the Boyd Lake WTP. HDR worked with the City to evaluate both treatment plants to determine or confirm planned capital improvements, prioritize the improvements, and provide cost estimates with project design and construction schedules so that the City could move forward to make well-supported upgrades to the plants. City of Glendale, Cholla Water Treatment Plant Booster Pump Station and Admin Building Improvements Glendale, AZ HDR provided condition assessment and rehabilitation design of the existing three booster pump stations (BPSs) to meet new hydraulic conditions. The BPS improvements included conversion of the Zone 2 BPS from 4160V to 480V power, and replacing constant speed starters with variable frequency drives (VFDs). The administration building improvements part of this project involved designing a new roof, reconfiguring existing facilities and architectural upgrades. Contract documents including design drawings, specifications, and cost opinions were prepared. Metropolitan Utilities District, Florence Low Services Pump Station and Minne Lusa Pump Station Improvements, Omaha, NE HDR is working to complete the next phase of MUD's comprehensive CIP at the Florence WTP. The Low Services pump station is in need of several upgrades and this project includes planning, design, and construction phase services. The Pump No. 1 Replacement at the Minne Lusa Pump Station provided improvements to the high service pump station and services included pump evaluation, pump procurement and design, and construction services for installation, piping/valves, VFD drives, ventilation and ancillary equipment; enhancements to the building, mechanical systems, electrical systems, controls, and surrounding site. Page 402 of 559 1 EDUCATION Bachelor of Science, Mechanical Engineering, Widener University REGISTRATIONS Professional Engineer - Mechanical, Colorado, #29208 Professional Engineer - Civil/Structural/Mechanical, Arizona, #66742 Professional Engineer - Mechanical, Virginia, #57095 Professional Engineer - Mechanical, Wyoming, #10641 Professional Engineer - Mechanical, Nevada, #024596 Professional Engineer - Mechanical, Texas, #125812 Professional Engineer - Mechanical, Illinois, #062.069626 Professional Engineer - Mechanical, Utah, #10440965-2202 Professional Engineer - Mechanical, Tennessee, #119863 Professional Engineer - Mechanical, Washington, #54489 Professional Engineer - Mechanical, Minnesota, #54439 Noreen McMahon, PE, LEED AP HVAC/Mechanical Lead Noreen is an accomplished professional mechanical engineer and LEED Accredited Professional with over three decades of experience in the design of industrial piping systems, plumbing, HVAC, and fire suppression; coordination of service equipment; and review of third-party mechanical, plumbing, and fire suppression systems. She provides guidance to the mechanical team on engineering design standards and specification writing. Noreen is responsible for mechanical designs, specifications, cost estimates, construction drawings, and field observation. RELEVANT EXPERIENCE City of Boulder, 63rd St. WTF HSPS, Boulder, CO Much of the equipment has reached the end of its useful life and is in need for replacement. A multi-disciplinary team completed a thorough inspection of the existing equipment, structure, and supporting utilities to identify the extent of improvements required beyond mere process improvements. Alternatives were developed for different pump station configurations to improve the reliability, maintainability, and safety with the ultimate selection of replacing the existing pump station. We are now working with the city to develop construction phasing plans to reduce the impact on operations during construction, and refine costs ahead of proceeding with design. City of Boulder, 75th St. WRRF Load Center and MCC Replacement, Boulder, CO Project Manager. Prepared as-built drawings of existing electrical equipment, demolition plans for equipment to be removed, and design documents for replacement with new equipment. The project required detailed construction sequencing to avoid interruptions to operations during construction and contractor prequalification. Contract duration was from 2017 through 2020 due to the need to limit impacts to operations over the construction period. Town of Breckenridge, Second WTP, Breckenridge, CO The Town selected HDR to provide professional design services for a Second WTP to supplement the Tarn WTP. The project includes the design and construction of a new 4.5 mgd WTP, a raw water intake, a pump station adjacent to the intake, and both raw water and finished water pipelines to deliver water to the plant and to the North Tank from the plant. The project utilizes the CMAR process. City of Boulder, Betasso Water Treatment Plant Assessment & Design, Boulder, CO The project identified improvements needed to achieve a 40-mgd sustainable capacity, prioritize asset replacement, and develop a 20-year CIP. HDR completed design of the Phase 1 improvements. Page 403 of 559 NOREEN MCMAHON, PE, LEED AP 2 Professional Engineer - Mechanical, North Carolina, #443333 Professional Engineer - Mechanical, Florida, #82520 Professional Engineer - Mechanical, Maryland, #50415 Professional Engineer - Mechanical, Delaware, #8241 Professional Engineer - Mechanical, California, #38448 Professional Engineer - Mechanical, Michigan, #6201067495 Professional Engineer - Mechanical, Oregon, #93745PE National Council of Examiners for Engineering and Surveying (NCEES), US, #16-997-26 PROFESSIONAL MEMBERSHIPS American Society of Heating, Refrigeration and Air Conditioning Engineers (ASHRAE), Rocky Mountain INDUSTRY TENURE 35 years OFFICE LOCATION Denver, CO Northern Colorado Water Conservancy District, NISP Pre-Design (subconsultant), CO HDR is a subconsultant on this project to review and validate the work for the NISP conveyance systems performed to date, and to perform work required for preliminary design. The scope includes support for permit work, finalizing pipeline alignments, advancing portions of the project to a preliminary design level as required for acquisition of easements in critical locations, siting of facilities, and performing an updated cost estimate. City of Boulder, 75th St. WWTF Load Center Replacement, Boulder, CO Electrical equipment at the WWTF has reached the end of its useful life and requires replacement. HDR developed concepts in collaboration with plant staff for replacement of motor control centers and unit substation load centers. Construction phasing was considered at the beginning of the design to assist with smooth replacement and manage system downtime. Fairfax County Department of Public Works and Environmental Services, Stormwater/Wastewater Facility (subconsultant); Fairfax, VA Q/C. As s subconsultant, HDR is providing updated space-needs design concepts and design criteria for this new, combined facility. The new facility will provide a variety of work environments to optimize productivity and allow flexibility for County departments. The impact of this facility on neighboring communities was a key concern during design. Adams County, Fleet/Transportation Public Works Facility (subconsultant), Brighton, CO Senior Mechanical Engineer, providing industrial piping design and equipment coordination for a new fleet maintenance and transportation operations (streets) facility. The new facilities include administration, meeting rooms, restrooms, storage, and fleet maintenance. Department of Water Management, Mist Lake Facility Complex (subconsultant), Durham, NC Senior Mechanical Engineer, providing industrial piping design and equipment coordination as part of the design team for a new utility facility complex. Project involves planning, design, and construction of the Department of Water Management Mist Lake Facilities Expansion project. Poudre School District, Transportation Facility, Ft Collins , CO Providing site analysis and planning for this upgraded maintenance center. HDR is providing equipment industrial design, selection, specification, and layout, including storage areas, plumbing, HVAC, and controls. Elk Ridge Mining & Reclamation, Mine Facility Build Out, Meeker, CO Senior Mechanical Manager for Preliminary MEP design of new mining campus and associated facilities. Plans included site layout, warehouse/ maintenance facility to support 240-ton dump trucks, administrative offices, laboratory, emergency response, and vehicle fueling and washing. Denver Water, Operational Complex, Denver, CO With a previous firm, Noreen assisted with construction administration including review of submittals and shop drawings and conducting site visits. Page 404 of 559 1 EDUCATION Bachelor of Science, Agricultural Engineering, Colorado State University REGISTRATIONS Professional Engineer, Colorado, No. 29535 INDUSTRY TENURE 30 years OFFICE LOCATION Fort Collins, CO Steven Rogowski PE Site Security Steve has worked for both consulting engineering firms and managed public sector, regional, clean water, utility business units in a career that has spanned 30 years. He provided leadership across multiple assignments including strategic planning, comprehensive facility planning, and capital program management. He has helped plan, design, and commission numerous process facilities including headworks, primary treatment, disinfection, dewatering, and reuse pumping. Steve’s responsibilities have included site management, emergency response, crisis communication, and operations reporting both internal and external to organizations. He has led asset management program development including condition assessment and rehabilitation, maintenance program development, computerized maintenance management system support of reliability initiatives, and facility rehabilitation programs. RELEVANT EXPERIENCE City of Dallas, Water Production Facilities Strategic Plan, Dallas, TX The purpose of the Strategic Plan is to align water production needs with other completed DWU strategic planning efforts and to provide a holistic approach to the future operations, maintenance, and capital investments for the water production facilities. HDR is providing the engineering services required to assess these facilities and develop a long-range capital improvements plan. The assessment will address infrastructure needs based on condition, growth, current and future regulatory requirements, and rehabilitation / replacement needs. The Strategic Plan will validate treatment and water quality goals, align operations and maintenance practices for optimization, address and incorporate sustainable practices and energy management where applicable, coordinate with other City initiatives, and define triggers for facilities planning. Johnson County, Kansas Facility Asset Management Plan, Johnson County, KS Senior advisor oversight of program performance and reporting for comprehensive collection system, lift station, and treatment facility condition assessment and failure consequence evaluation. The program includes prioritization and scheduling of rehabilitation projects to optimize capital spending and address critical infrastructure needs. City of Livermore, On-Call O&M Support for Water Resources Division, Livermore, CA HDR performed a condition assessment of the water reclamation plant. Information collected for each asset included age, material and other physical attributes, visual inspection of condition, operator assessment of performance, previous inspection/condition assessment reports/studies, maintenance records to assess reliability, and use of comparative condition Page 405 of 559 STEVEN ROGOWSKI, PE 2 of similar asset types. A report was prepared that summarized the work completed, and described repair and rehabilitation recommendations. A rough order planning level cost estimate for each recommendation was also be developed. City of Lee's Summit, Facility Asset Management Program (FAMP), Phase 2, Lee's Summit, MO HDR led a Facilities Asset Management Program. Efforts included expanding software capabilities to include facility assets to manage asset information, administer preventive maintenance program improvements, and complete condition assessment activities using risk data to drive management decisions. Town of Mooresville, Water/Wastewater Master Plan, Mooresville, NC HDR is developing a comprehensive water/wastewater utility master plan that enables the Town to strategically plan and budget for the implementation of water/wastewater system improvements in order to maintain a high level of distribution and collection reliability and efficiency for current demand, future growth, and emergency situations. The final product will be a living document with common sense recommendations that can be reasonably implemented. PRIOR TO JOINING HDR MWRD, Senior Management Team, Colorado Managed operations and maintenance of wastewater collection and treatment at the 220 mgd Robert W Hite Treatment Facility including clean water production, regulatory compliance, financial performance, facility management, and support functions. Reported and presented to the Board of Directors, public, media, and stakeholders for routine business, workshops, public information, and tours. MWRD, 2018 Facility Plan, Colorado Senior advisor for Facility Plan programming to define approaches for twenty-year capital program timeframe. The program included detailed plans to implement biological phosphorus removal and leverage state regulatory incentives for sequential technology implementation to achieve performance- based effluent quality. Identified campus-wide facilities to support staffing, administrative, and support functions for the District. MWRD, Northern Treatment Plant, Colorado Senior Advisor for multiple phase program to plan, construct, and commission a greenfield 24-mgd wastewater treatment facility to serve rapidly growing areas of the Denver metropolitan area. Implemented progressive design-build contracting approach that included site development, and interceptor sewer construction. MWRD, 2016 Strategic Plan, Colorado Served as Executive Sponsor for the Collaboration Goal Team. Led a multi- disciplinary team to identify collaboration initiatives for District and prepare objectives and strategies to create a culture of communication, support employee professional growth, and foster broader application of multi- disciplinary teams. Page 406 of 559 1 EDUCATION Bachelor of Science, Electrical Engineering, University of Texas at Austin REGISTRATIONS ISI Envision Sustainability Professional, Colorado, US PROFESSIONAL MEMBERSHIPS American Water Works Association Water Environment Federation INDUSTRY TENURE 36 years OFFICE LOCATION Denver, CO Kevin Bergschneider Principal-in-Charge Kevin has over 30 years of experience as a consulting engineer and water industry professional. Kevin is vice president with HDR and serves as the Water Program Development leader for the Denver office. Throughout his career, he has guided the consulting engineering efforts of both small and large organizations. As a client-focused leader with HDR, he has access to over 10,000 professionals to bring the best talent to your project. As Principal-in-Charge, Kevin will help Jamie determine appropriate personnel, resources, and support necessary to complete the project in a manner that meets expectations. Kevin will verify that our team is focused on quality, responsiveness, and client service. RELEVANT EXPERIENCE Kevin has worked closely with many Colorado clients as principal or in other roles. Some of the projects Kevin has been involved with include: City of Alamosa – Arsenic Removal Water Treatment Plant City of Aurora – Prairie Waters – CM Services for North Campus Wellfield City of Aurora – Prairie Waters Project – CM Services for 35 mile Conveyance System and three (3) 50 mgd Pumping Stations City of Boulder – Wastewater Utility Master Plan City of Greeley – Biosolids Master Plan City of Thornton – Zone 2-3 Pump Station Design City of Thornton – Zone 1 Storage Tank and Zone 3A Pump Station City of Westminster – Invasive Mussels Study and Action Plan Cheyenne Board of Public Utilities – Iron and Manganese Removal Study & Design Cheyenne Board of Public Utilities – Little Snake Diversion Condition Assessment Study Colorado Spring Utilities – Serendipity Water Line Design Build Project Denver Water – Tailored Asset Management Readiness Review Denver Water – Dillon Dam Road Feasibility Study Denver Water – Moffat Collection System, Borrow Haul Study Denver Water – Conduit 302 Traffic Study Denver Water – Waterton Canyon Facility Entrance Study Page 407 of 559 KEVIN BERGSCHNEIDER 2 Eagle River Water & Sanitation District – EverVail Feasibility Study Eagle River Water & Sanitation District – 2011 Wastewater Planning Study Metro Wastewater Reclamation District – Northern Treatment Plant Sustainability Study Metro Wastewater Reclamation District – South Platte Interceptor Design Metro Wastewater Reclamation District – 2013 Hite Central Plant Facility Plan Metro Wastewater Reclamation District – Asset Management Study of Central Plant Conduits Parker Water & Sanitation District – Iron and Manganese Control Alternatives Analysis for Groundwater Supply Town of Crested Butte – Wastewater Treatment Plant Improvements Design Tri-County Water Conservancy District – CIP Planning Study Page 408 of 559 HDR Engineering, Inc. 1670 Broadway, Suite 3400 Denver, CO 80202 hdrinc.com We practice increased use of sustainable materials and reduction of material use. © 2020 HDR, Inc., all rights reserved. Page 409 of 559 Vendor / Contractor Evaluation Summary – PS Rehab - 1 - Upon releasing the Request for Proposal (RFP) for the Pump Station Rehabilitation Engineering and Design Services, 19 firms attended a mandatory pre-bid meeting. Eight (8) firms submitted proposals; these firms are listed in alphabetical order in Table 1. Table 1 – Pump Station Rehabilitation Design Proposing Firms and Fees Consultant Name Total Fee Black & Veatch $249,954 Burns and McDonnell $168,007 Carollo $249,700 CDM Smith $244,462 Hazen $309,980 HDR $284,330 Jacobs $295,008 PSI $297,125 The results of the proposal scoring and interview phase are provided in Table 2 and a summary of the panel’s consensus on HDR is provided in Table 3. The panel agreed that HDR was the highest ranked firm and recommends proceeding with a professional services agreement to execute the work. Table 2 – Proposal Scoring Bidder Proposal Score (0 - 100) HDR 88 Black & Veatch 85 Carollo 80 Jacobs 78 Hazen 70 CDM 68 Burns & McDonnell 64 PSI 55 Page 410 of 559 Vendor / Contractor Evaluation Summary – PS Rehab - 2 - Table 3 – HDR findings based on selection criteria Proposal Criteria HDR Project Understanding and Management Approach Demonstrated clear understanding of pump station condition and project approach. Clearly communicated the plan to provide a design that would minimize service disruption. Planned to fully engage Englewood O&M staff during design. Project Team Experience and Technical Capability Provided a highly experienced management team to deliver work. Project Manager came highly recommended by local Water Utility referrals. Price Proposal Price proposal was deemed reasonable and within five percent of the average responsive proposal cost. Overall Proposal Quality and Responsiveness Highly responsive and quality proposal that scored the highest out of the eight reviewed proposals. Page 411 of 559 Pump Station Rehabilitation Engineering and Design Services By: Steve Simon, Deputy Director –Engineering Page 412 of 559 Project Need 2020 Master Plan •Condition •Modernization •Demand •Safety/Compliance Page 413 of 559 Condition Assessment Findings Facility Electrical Motors/Pumps Mechanical Structure Union Ave Fair Fair Average Excellent McLellan Fair Poor Fair Average Clarkson and Hampden Average Poor Poor Good Cornell and Pennsylvania Average Poor Fair Average Water Master Plan (Hazen, 2020)Page 414 of 559 Project Need Page 415 of 559 Raw Water Pumping Operations Centennial Page 416 of 559 Treated Water Pumping Operations Page 417 of 559 Project Challenges Operations during construction Limited available information Site constraints Hydraulics Page 418 of 559 Procurement RFP Release Sep 17, 2020 Pre-Proposal Meeting 19 firms 3 firms 8 firms Selection Panel –Engineering and O&M Staff Short-listed for interviews Proposal Submitted HDR Panel Recommendation Page 419 of 559 Proposal Summary Firm Proposal Black & Veatch $249,954 Burns & McDonnell*$168,007 Carollo $249,700 CDM $244,462 Hazen $309,980 HDR $284,330 Jacobs $295,008 PSI $297,125 Average (Seven responsive proposals) $275,794 *Selection panel deemed non-responsive Page 420 of 559 Selection Findings –HDR Proposal Criteria Panel Consensus Understanding & Approach Best understanding and approach Team Experience & Technical Capability Best recent and relevant experience Price Within 3% of average responsive cost Overall Quality & Responsiveness Concise and well-written Page 421 of 559 Project Timeline 1st Half 2021 2nd Half 2021 1st Half 2022 2nd Half 2022 1st Half 2023 2nd Half 2023 Page 422 of 559 Utilities staff recommends that Council approve, by Motion, a professional services agreement with HDR, in the amount of $304,340, with an additional 10% contingency for a total appropriation not to exceed $334,774, to perform engineering services supporting the rehabilitation of four (4) Utilities pump stations. Staff Recommendation Page 423 of 559 Questions?Page 424 of 559 STUDY SESSION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: January 4, 2021 SUBJECT: 2021 Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (including two, one-year options for the city to extend) DESCRIPTION: 2021 Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (including two, one- year options for the City to extend) RECOMMENDATION: In accordance with a recommendation from the Board of the Englewood Environmental Foundation (EEF), approved by motion at the December 7, 2020 EEF Board Meeting, staff recommends that the City Council approve a new Professional Services Agreement with Kaplan Kirsch & Rockwell LLP (KKR) for 2021 to serve as Special Counsel in connection with various CityCenter redevelopment matters (contract includes two, one-year options for the City to extend). PREVIOUS COUNCIL ACTION: At the February 1, 2019 Board Meeting, the Board of the Englewood Environmental Foundation (EEF), approved by motion a recommendation to the Englewood City Council to approve the initial 2019 Professional Services Agreement with KKR to serve as Special Counsel for CityCenter redevelopment matters. Council approved by motion the 2019 Professional Services Agreement with KKR on February 19, 2019. The 2019 contract included a one-year renewal at the discretion of the City Council, with advisement from the EEF Board. The one-year renewal recommendation was approved by motion by the EEF Board on December 6, 2019, with contract approval by City Council motion occurring on January 6, 2020. SUMMARY: Community Development and the City Attorney recommended, during the January 7, 2019 Council Study Session, that the City and EEF retain Special Counsel to facilitate the redevelopment of CityCenter. The selection of Kaplan Kirsch Rockwell followed a competitive procurement process, including the issuance of a Legal Services Request for Qualifications (RFQ) dated January 10, 2019 (RFQ-19-003). Based on KKR’s involvement over the past two years in a variety of sensitive CityCenter redevelopment legal matters and continuing negotiations, Community Development staff recommends continuing with KKR for 2021 with the option to extend for two subsequent years (conditional on the EEF Board formal advisement to Council). KKR’s monthly billing statements are reviewed in detail for accuracy and consistency with all legal services performed during each month. This recommendation has been reviewed with the City Attorney’s office. Page 425 of 559 The Special Counsel’s role is to advise the City Council and to provide support to a project team comprised of city staff members, EEF representatives, and outside consultants concerning the critical legal decisions and tasks associated with the potential redevelopment of portions of Englewood CityCenter. They are also expected to work closely and collaboratively with the City of Englewood City Attorney’s Office, attorneys for the Englewood Environmental Foundation (EEF), and the EEF Board of Directors. ANALYSIS: The updated scope of legal services to be performed by KKR in 2021 includes the following: a. Advise and assist the City and EEF on ground lease matters including related communications and amendment negotiations with the original bondholder group represented by LNR Partners (special servicer), preparation and negotiation of a Framework Agreement and related documents, and other matters, b. Evaluation of City Charter limitations pertaining to City and EEF real property transactions, c. Assist in preparing and negotiating Master Development Agreement and ancillary agreements with the selected master developer, d. Advise and assist the City and EEF on related matters, including possible special district and public finance strategies, e. Advise and assist the City and EEF on matters pertaining to evaluating the possible dissolution of EEF, including a possible determination of the dissolution process and preparation of the necessary documents, f. Advise on issues related to City’s consideration of zoning classifications for CityCenter property. FINANCIAL IMPLICATIONS: For the past two years, the EEF Board and Council approved the payment of the Special Counsel legal fees from EEF’s central cash-unrestricted balance account. The contract maximum for 2019 was $90,000. For 2020, the contract maximum is $150,000, and it is expected the total annual expenditure will be approximately $100,000. It is recommended that the 2021 Special Counsel legal fees again be funded from EEF’s central cash-unrestricted balance account and that, given the magnitude of the potential legal services required, the 2021 contract be in the amount of $150,000 with an allowance for a 10 percent contingency, for a total encumbrance of $165,000. CONCLUSION: Based on the recommendation of the EEF Board, staff recommends that City Council approve the Professional Services Agreement with Kaplan Kirsch Rockwell LLP through December 31, 2021 (including two, one-year extensions). ATTACHMENTS: Page 426 of 559 Contract Summary Approval December 7, 2020 EEF Board Minutes 2021 Professional Services Agreement (PSA 20-85) with Kaplan Kirsch & Rockwell Page 427 of 559 Contract Approval Contact Identification Information (to be completed by the City Clerk) City Contact Information Vendor Contact Information Contract Type Description of Contract Work/Services: Consultant will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team, and in a day-to-day supporting role to the Chief Redevelopment Officer of the City. Consultant will be expected to work closely and collaboratively with the City of Englewood City Attorney’s Office, Attorneys for the Englewood Environmental Foundation (EEF), and the EEF Board of Directors. Attachments: ☒Contract -- ☐Original ☒Copy ☐ Addendum(s) ☐ Exhibit(s) ☐ Certificate of Insurance Summary of Terms: Attachments: ☐ Copy of original Contract if this is an Amendment ☐ Copies of related Contracts/Conveyances/Documents Page | 1 Start Date: January 4, 2021 End Date: December 31, 2021 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $150,000 with a 10% contingency for a total of $165,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Two, one-year renewals Payment terms (please describe terms or attach schedule if based on deliverables): Consultant will be paid within 30 days of receipt of invoice for work completed. Contract Type: Professional Services Description of ‘Other’ Contract Type: Vendor Name: Kaplan Kirsch & Rockwell LLP Vendor Contact: Sarah Rockwell Vendor Address: 1675 Broadway, Suite 2300 Vendor Phone: 303.825.7000 City: Denver Vendor Email: srockwell@kaplankirsch.com State: CO Zip Code: 80202 Staff Contact Person: Dan Poremba Phone: 303.762.2366 Title: Chief Redevelopment Officer Email: dporemba@englewoodco.gov ID number: Authorizing Resolution/Ordinance: Recording Information: Page 428 of 559 Contract Approval Summary Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐ Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐ Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐ RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐ Quotes: Copy of Quotes attached X Optimal Source: Provide Detailed Explanation: Sole Source (Use as much space as necessary for detailed explanation): XQualification Based Selection / Best Value* (Continue on Next Page) The original selection of KKR in 2019 followed a competitive procurement process, including the issuance of a Legal Services RFQ dated January 10, 2019 (RFQ-19-003). In light of the focused involvement of KKR over the past two years in a variety of sensitive CityCenter redevelopment legal matters and continuing negotiations, all at a very high level of performance, Community Development staff recommends continuing with KKR for 2021 with the option to extend for two subsequent years (conditional on the EEF Board formal advisement to Council). KKR’s monthly billing statements are reviewed in detail for accuracy and consistency with all legal services performed during each month. *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) 2.) 3.) 4.) 5.) Product and provider reliability Product and project understanding Product availability / Low risk solution Ability to connect to with current City of Englewood IT systems Familiarization with the City of Englewood Page | 2 CAPITAL ONLY CAPITAL & OPERATING EXPENSE A B C 1 = A‐B‐C Capital Operating Year Tyler / New World Project # / Task# Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining 2021 85 8501 54201 EEF Funds $ ‐ $ 165,000 $ ‐ $ ‐ $ ‐ $ ‐ Total by Fund and Current Year $ ‐ $ ‐ $ 165,000.00 $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 165,000.00 Grand Total $ ‐ $ ‐ $ ‐ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment ‐ Prior Month Project Status and Fund Balance Report Page 429 of 559 MINUTES Englewood Environmental Foundation Meeting Monday, December 7, 2020 Virtual 10:45 AM PRESENT: Maria D'Andrea, Maria Sobota, Christina Underhill ABSENT: STAFF PRESENT: Alison McKenney Brown, Brad Power, Dan Poremba, John Donakowski 1. Director D'Andrea called the meeting to order at 10:45 am. 2. Approval of Minutes a. November 2, 2020 Moved by Member Christina Underhill Seconded by Member Maria Sobota Approved as Written. For Against Abstained Maria Sobota (Seconded By) x Maria D'Andrea x Christina Underhill (Moved By) x 3 0 0 Motion CARRIED. 3. Recognition of Public Comment None 4. New Business a. 2021 Legal Services with Kaplan Kirsch Rockwell Moved by Member Maria D'Andrea Seconded by Member Maria Sobota Approve the 2021 Legal Services Contract Extension with Kaplan Kirsch Rockwell. Recommendation to City Council is scheduled for January 4, 2021, for their approval. For Against Abstained Page 1 of 3 Page 430 of 559 Maria Sobota (Seconded By) x Maria D'Andrea (Moved By) x Christina Underhill x 3 0 0 Motion CARRIED. b. Recommendation to Award the Contract for Electrical Services Moved by Member Maria D'Andrea Seconded by Member Maria Sobota Approval to Award the Contract for Electrical Services to McBride Lighting, Inc. for a Second One-Year Term. For Against Abstained Maria Sobota (Seconded By) x Maria D'Andrea (Moved By) x Christina Underhill x 3 0 0 Motion CARRIED. c. Recommendation to Award the Contract for Street & Parking Lot Sweeping Services Moved by Member Maria D'Andrea Seconded by Member Maria Sobota Approval to Award the Contract for Street & Parking Lot Sweeping Services to Armstrong Sweeping, Inc. for a Second One-Year Term. For Against Abstained Maria Sobota (Seconded By) x Maria D'Andrea (Moved By) x Christina Underhill x 3 0 0 Motion CARRIED. d. Recommendation to Award the Contract for HVAC Services Moved by Member Maria D'Andrea Seconded by Member Christina Underhill Approval to Award the Contract for HVAC/Boiler System Services to Design Mechanical, Inc. for a Second One-Year Term. Page 2 of 3 Page 431 of 559 Page 432 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 1 PSA # 20-85 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/20-85 $165,000 Consulting Legal Services This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Kaplan Kirsch Rockwell LLP, a Colorado corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b)“Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2.Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 433 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 2 PSA # 20-85 executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a)Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c)Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6.Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. Page 434 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 3 PSA # 20-85 7.Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, the parties may extend this Agreement for two additional one-year periods. Written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period. If the parties agree to the request for renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the extension of this contract beyond the initial one-year period is contingent upon the City appropriating adequate funds for each fiscal year. (a)Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b)No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or Page 435 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 4 PSA # 20-85 indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f)Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9.City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the Page 436 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 5 PSA # 20-85 ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12.Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement Page 437 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 6 PSA # 20-85 (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c)Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d)Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant,from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply Page 438 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 7 PSA # 20-85 unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d)Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a)Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1)The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2)Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3)Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4)Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c)Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. Page 439 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 8 PSA # 20-85 (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17.Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a)Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. Page 440 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 9 PSA # 20-85 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29.Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30.Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Page 441 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 10 PSA # 20-85 Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31.Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32.Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33.Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate Page 442 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 11 PSA # 20-85 the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 443 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 12 PSA # 20-85 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk Kaplan Kirsch & Rockwell ______________________________________ (Consultant Name) 1675 Broadway, Suite 2300 ______________________________________ Address Denver, Colorado 80202 ______________________________________ City, State, Zip Code By: (Signature) Sarah Rockwell ________________________________ (Print Name) Partner Title: ______________________________ 11/23/2020 Date: ______________________________ Page 444 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 13 PSA # 20-85 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1.GENERAL Statement of Work for Professional Services Agreement between the City of Englewood, Community Development Department (City) and Kaplan Kirsch Rockwell LLP (Consultant), 1675 Broadway, Suite 2300, Denver, Colorado 80202 effective immediately upon execution by the parties and will continue through December 31, 2021, with two one-year extensions. 2.NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Community Development: Dan Poremba, Chief Redevelopment Officer 303.762.2366 dporemba@englewoodco.gov Kaplan Kirsch & Rockwell LLP: Sarah Rockwell, Partner (303) 825-7000 srockwell@kaplankirsch.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Consultant will work under the overall direction of the Project Team in association with any other consultants involved with the Project Team, and in a day-to-day supporting role to the Chief Redevelopment Officer of the City. Consultant will be expected to work closely and collaboratively with the City of Englewood City Attorney’s Office, Attorneys for the Englewood Environmental Foundation (EEF), and the EEF Board of Directors. 4.EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5.OTHER CONSULTANT RESOURCES No additional consultants shall be engaged without prior written approval by the City. Should the need arise for additional services, Consultant will coordinate any concurrent work of other consultants engaged directly by the City. 6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES The Consultant shall perform the legal services outlined below: Page 445 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 14 PSA # 20-85 a.Advise and assist the City and EEF on ground lease matters including related communications and amendment negotiations with the original bondholder group represented by LNR Partners (special servicer, preparation and negotiation of a Framework Agreement and related documents, and other matters. b.Evaluation of City Charter limitations pertaining to City and EEF real property transactions. c.Assist in preparing and negotiating Master Development Agreement and ancillary agreements with selected master developer. d.Advise and assist the City and EEF on related matters, including possible special district and public finance strategies. e.Advise and assist the City and EEF on matters pertaining to evaluating the possible dissolution of EEF, including a possible determination of the dissolution process and preparation of the necessary documents. f.Advise on issues related to City’s consideration of zoning classifications for CityCenter property. 7.SPECIAL TERMS, IF ANY Consultant will charge the City an hourly rate for the project based on the following table, up to $150,000, with allowance for a 10% contingency in the amount of $15,000. Sarah M. Rockwell $465/hour Stephen H. Kaplan $465/hour Bill Silberstein $465/hour Brent E. Butzin $465/hour Heather J. Haney $430/hour Hanna R. Gustafsson $350/hour Reimbursable expenses are in addition to compensation for basic services and include expenses incurred by the Consultant in the interest of the Project. Expenses include travel expenses, mileage, parking, reproduction costs, plotting and preparation of electronic media, postage and delivery services that will be billed at actual cost. 8.MODE OF PAYMENT Payment will be made to Consultant in the form of a check. 9.PAYMENT SCHEDULE Consultant shall submit an invoice to the City for work completed and reimbursable expenses incurred on a monthly basis. City will pay Consultant within 30 days of receipt of said invoice. 10.SCHEDULE AND PERFORMANCE MILESTONES Page 446 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 15 PSA # 20-85 All deliverables will be completed to the satisfaction of the City no later than December 31, 2021. Page 447 of 559 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodco.gov 16 PSA # 20-85 11.ACCEPTANCE AND TESTING PROCEDURES N/A 12.LOCATION OF WORK FACILITIES Substantially all work will be conducted by Consultant at its regular office located at 1675 Broadway, Suite 2300 Denver, Colorado 80202. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 2020, the parties have executed this Statement of Work as of this ______ day of ________________, 2020. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: City Manager Date: _______________________________ KAPLAN KIRSH ROCKWELL LLP By: (Signature) Sarah Rockwell _________________________________ (Print Name) Title: Partner Date: _____11/23/2020 _______________ Page 448 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Adrian Torres, Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: January 4, 2021 SUBJECT: Romans Park Improvements Phase 2 Construction Award of Contract DESCRIPTION: Construction of Phase 2 Improvements to Romans Park. A grant was awarded by Arapahoe County Open Spaces in September 2020 and Council approved an Ordinance of an IGA with Arapahoe County for award of the grant funding in the amount of $350,000. RECOMMENDATION: Staff recommends that Council approve, by Motion, a contract for construction of Romans Park Tennis and Playgrounds Phase 2 to the lowest bidder, Singing Hills Landscape, Inc. in the amount of $350,000. PREVIOUS COUNCIL ACTION: Council previously approved Resolution No. 11, Series of 2020, Approval of Arapahoe County Open Spaces Grant Application for Romans Park Tennis and Playground Improvements Phase 2 and CB 29, an IGA for Acceptance of Grant Funds for Romans Park Tennis and Playgrounds in the amount of $350,000. SUMMARY: Romans Park Phase 2 will bring the park into full ADA access and inclusion for the community, nearby schools and all park users. Phase 2 will construct a new ADA accessible restroom and create an ADA compliant curb-cut for access from Floyd Avenue. The basketball court will be relocated to higher ground for improved drainage, a picnic shelter will be constructed, fitness equipment will be added and asphalt trails will be replaced with concrete trails. Arapahoe County Open Spaces awarded a grant to Englewood for phase 2 improvements of the Romans Park Construction project. FINANCIAL IMPLICATIONS: Funding for the project is included in the 2020 Open Space Fund under: 10 1300 Task 504-01 Romans Park Grant Project - $350,000 and 10 1300 Task 504-02 Romans Park Matching Funds - $157,885. Craig Hospital will also add $1,000 toward the purchase of outdoor fitness equipment. Page 449 of 559 ALTERNATIVES: No alternatives have been identified. CONCLUSION: Staff recommends approval of the project for the Romans Park tennis court and playground improvements phase 2. Awarding the lowest bid to, Singing Hills Landscape, Inc. ATTACHMENTS: ITB-20-040 Packy Romans Park Phase 2 Tabulation Contract Approval Summary Singing Hills Schedule A Romans Park - Singing Hills CFC 20-82 Singing Hills Landscape, Inc. Contract Page 450 of 559 95x0..m=.Q_m.s6oo.ma.HmUE_m:.o:mama; ma0_...m..._:uU290203..3.NS...No:_u_<_2.3. _._.m_sW5”_._.mM333%mo:..m=mmm}_u:mmmM mamoanmoo..<m:noq5.252 ._.o»m_ma _mmcm_.mQ2.2:.rmznmnmum _ < ._ <Tmmm.w8..8 0oon=m:n_nosm?cnaoz<<mm8..dm..G| 2.9.67».Ezm9m8.m$.8 om=m:m.._oo=m=.:n:o:mmm.e8.8 >_...m.dmm:0c:m»....:n:o.._mmmyum?co Page 451 of 559 ..__u_s_:oo_€o..mnmn_ _ m.2983.8 r _sonm:_m<oosm?cnmosm.m8.~:..8 ii?‘ _£n_Em_moo:m:.:n:o:m$m..m8.ao 0o_o3ao_um.m.m:.o.nm_um.mm3.8e.8 w_:m=5_..=__m_:a.a.S.$.n..oc >3m:nm:o.<=nozm?ca?oqmmm~o.mmm.oo Page 452 of 559 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Dave Lee Phone: 303.762.2687 Title: Open Space Manager Email: dlee@englewoodco.gov Vendor Contact Information Vendor Name: Singing Hills Landscape Inc. Vendor Contact: Jake Lehman Vendor Address: 16797 E. 2nd Ave. #102 Vendor Phone: 303.918.9133 City: Aurora Vendor Email: jake.leman@singinghillsinc.com State: CO Zip Code: 80011 Contract Type Contract Type:Construction Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: March 2021 End Date: July 2021 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $507,885.00 If Amended: Original Amount $507,885.00 Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Romans Park Improvements Phase 2 – demolition of existing amenities and construction of picnic shelter, restroom, basketball court, walks, fitness equipment and landscaping. Page 453 of 559 Contract Approval Summary March 2019 Update Page | 2 Source of Funds: Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☒Bid: ☒ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): Page 454 of 559 Contract Approval Summary March 2019 Update Page | 3 *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood Page 455 of 559 SCHEDULE A OUTLINE OF STATEMENT OF WORK (Provide the requested below information) 1. GENERAL Singing Hills Landscape 16797 East 2nd Ave., C102 Aurora, CO 80011 November 12, 2020 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Jake Leman, Division Manager; jake.leman@singinghillsinc.com; 303.918.9133 Aaron Fehr, Contract Administration; aaron.fehr@singinghillsinc.com; 712.298.2767 Mick Edholm, Project Manager; mick.edholm@singinghillsinc.com; 303.901.6787 Dave Lee, Open Space Manager; dlee@englewoodco.gov; 303.762.2687 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Romans Park Improvements Phase 2 encompasses the following construction work: demolition of existing amenities and construction of ADA walks, restroom, picnic shelter, basketball court and fitness equipment. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5. OTHER CONSULTANT RESOURCES High Country – electrical Renner - basketball court LB Foster – restroom A to Z Recreation – picnic shelter Dynasty Concrete – concrete work Recreation Plus – fitness equipment 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES • Mobilization, erosion control, temporary fencing, removal of existing equipment, clearing and grubbing, restroom demo and soil prep. • Restroom installation • Post-tension basketball court • Concrete walks and walls • Fitness equipment • Irrigation, boulders, crusher fines, drainage, sod, edging, mulch, landscape plantings • Site furnishings • Picnic shelter Page 456 of 559 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT Monthly upon invoice with percentage of completed work minus retainage. 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. 10. SCHEDULE AND PERFORMANCE MILESTONES Work will start in 2021 and is dependent on ordering of equipment and improvements. Work schedule is dependent on weather and seasonal temperatures. Anticipated start date is March 2021. 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES All work to be completed on-site at Romans Park. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 457 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 1 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 Packy Romans Park Improvements Phase 2 CONTRACT # CFC 20-82 $507,885.00 THIS CONTRACT is, made and entered into this ____ day of ______ 20__, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the “City”, and Singing Hills Landscape whose address is 16797 E. 2nd Ave. #102, Aurora, CO 80011 hereinafter referred to as (“Contractor”). Commencing on the ____ day of ______, 20__, and continuing for at least ten (10) days thereafter the City advertised that sealed bids and proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following project: PROJECT: Packy Romans Park Improvements Phase 2 WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of Parks, Recreation and Library and forwarded to the Mayor and City Council with a recommendation that a contract for work be awarded to the above-named Contractor who was the lowest reliable and responsible bidder therefore; and WHEREAS, pursuant to said recommendation, the City Council has approved the Contract, and the Contract has been awarded to the above named Contractor, and said Contractor is now willing and able to perform all of the work in accordance with the advertisement, and attached bid and proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be incorporated into the ensuing terms and conditions and shall make up the Contract Documents: i. Winning Bid Proposal and RFP and any other documents supporting the award of the Bid. ii. Spread sheet of all Bids received and amounts bid for the above project. iii. All Exhibits, Schedules, Attachments and Statements of Work necessary to outline the scope and time line of the project. iv. Certificate of Insurance All additional documents shall be clearly marked and delineated as an Exhibit. Invitation to Bid and Supporting Documents Contract (this instrument) including: Exhibits, Schedules, Attachments and Statements of Work All Bid Response Documents Certificate of Insurance Page 458 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 2 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 B.Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to perform and complete all the work described, drawn, set forth, shown, and as set forth in the Attachment A – Statement of Work, and made a part of this Contract. C.Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Parks, Recreation and Library. D.Initial Term of Contract: The initial term of this contract shall be for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Attachment A - Statement of Work attached hereto, but at no time shall the contract be longer than a one-year period. In the event that one of the parties' desire to extend the contract beyond the one-year period, written notice shall be given by either party to the other party no later than thirty (30) days prior to the end of the contract, expressing a desire to extend the contract for an additional one-year period. If the parties agree to the renewal, the parties shall then enter into a renewal agreement, if necessary, and a new Statement of work shall be completed. A renewal of this contract may be subject to the approval of the Englewood City Council depending on the overall cost of the associated work and to comply with the City's Purchasing Policies. E.Indemnification: The City cannot and by this Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker’s Compensation claims, in any way resulting from or arising out of this Agreement/Contract only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City’s officers, agents and employees. F.Contractor's and Subcontractor's Insurance. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. i)Insurance Types and Amounts. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $2,000,000 per occurrence. Comprehensive Automobile Liability Insurance with a combined single limit of $1,000,000 per occurrence and $1,000,000 aggregate and personal injury protection per Colorado law; and Workers Compensation with coverage amounts imposed by the Workers Compensation Act of Colorado. The above amounts may be amended upward or downward depending on the overall cost of the services provided, the type of project for which this contract has been awarded, and only with the approval of the City. Page 459 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 3 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 G. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become the City’s property. If the award is terminated by the City as provided herein, the Contractor will be paid for the materials and services provided up to the termination date, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause, below in subsection H, shall apply. H. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award or any of the terms and conditions contained in this Contract, the City shall have the right to terminate the award by giving written notice, no less than thirty (30) days, to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive compensation for any satisfactory actual work completed, documents prepared and completed, or materials furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of a breach of the Contract by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. I. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s proposal attached and made a part hereof, the total cost thereof being Five Hundred Seven Thousand, Eight Hundred Eighty Five Dollars and Zero Cents. ($507,885.00). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. J. Appropriation of Funds: At present, $507,885.00 has been appropriated for the project. Notwithstanding anything else contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. K. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents and Page 460 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 4 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 Attachment A – Statement of Work, plus any extensions thereof that have been agreed to by the Parties. The Parties also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $250.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $250.00 for each day that expires after the time specified for final completion of the Work. L. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. M. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. N. State Statute: If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. O. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of one (1) year from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of Parks, Recreation and Library whose decision upon the matter shall be final and obligatory upon the Contractor. P. Governing Law: This Contract shall be governed by, construed and enforced under the laws of the State of Colorado, excluding statutes related to conflict of laws between different jurisdictions. Q. Disclosure of Confidential Information: The City as an arm of the state is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract. R. Attorney Fees: In the event that either party to this Contract shall commence any action against the other party arising out of or in connection with this Contract, or contesting the validity of the Contract or any provision of this Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails Page 461 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 5 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 462 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 6 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD By: ________________________________ Date: ___________________ (Director) By: ________________________________ Date: ___________________ (City Manager) By:________________________________ Date:____________________ (Mayor) Attest: ______________________________________________________ City Clerk Singing Hills Landscape Contractor (print company name) By: _____________________ Date: ____________________________ (Signature) _______________________________________________________ (Print name and Title) 11/20/2020 Aaron Fehr, Contract Administrator Page 463 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 7 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 ATTACHMENT A STATEMENT OF WORK 1 GENERAL Singing Hills Landscape 16797 East 2nd Ave., C102 Aurora, CO 80011 November 12, 2020 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Jake Leman, Division Manager; jake.leman@singinghillsinc.com; 303.918.9133 Aaron Fehr, Contract Administration; aaron.fehr@singinghillsinc.com; 712.298.2767 Mick Edholm, Project Manager; mick.edholm@singinghillsinc.com; 303.901.6787 Dave Lee, Open Space Manager; dlee@englewoodco.gov; 303.762.2687 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Romans Park Improvements Phase 2 encompasses the following construction work: demolition of existing amenities and construction of ADA walks, restroom, picnic shelter, basketball court and fitness equipment. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) None 5. OTHER CONSULTANT RESOURCES High Country – electrical Renner - basketball court LB Foster – restroom A to Z Recreation – picnic shelter Dynasty Concrete – concrete work Recreation Plus – fitness equipment Page 464 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 8 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES • Mobilization, erosion control, temporary fencing, removal of existing equipment, clearing and grubbing, restroom demo and soil prep. • Restroom installation • Post-tension basketball court • Concrete walks and walls • Fitness equipment • Irrigation, boulders, crusher fines, drainage, sod, edging, mulch, landscape plantings • Site furnishings • Picnic shelter 7. SPECIAL TERMS, IF ANY None 8. MODE OF PAYMENT Monthly upon invoice with percentage of completed work minus retainage. 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. 10. SCHEDULE AND PERFORMANCE MILESTONES Work will start in 2021 and is dependent on ordering of equipment and improvements. Work schedule is dependent on weather and seasonal temperatures. Anticipated start date is March 2021. 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES All work to be completed on-site at Romans Park. Page 465 of 559 ___________________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 761-2300 www.englewoodgov.org 9 CFC# 20-82 Singing Hills Landscape - Packy Romans Park Improvements Phase 2 IN WITNESS WHEREOF, pursuant to and in accordance with this Contract for Construction and Statement of Work entered into and executed by the parties dated _________________________, 20____. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Singing Hills Landscape Company Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Aaron Fehr Contract Administrator 11/20/2020 Page 466 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 1 REQUEST NO. ITB-20-040 DATE: September 30, 2020 INVITATION TO BID Packy Romans Park Improvement Project Phase 2 The City of Englewood will receive sealed bids for supplying “Packy Romans Park Improvement Project" as per specifications no later than Thursday October 29, 2020 prevailing time 2:00P.M. MDT. Bids will be received at the Englewood Civic Center 3rd Floor Central Cashiering Attention: Procurement Division 1000 Englewood Parkway, Englewood, CO 80110-2373. Bids will be publicly opened and read aloud at 2:00 P.M. in the Public Works Conference Room located on the 3rd floor of the Englewood Civic Center. Bidding firms are asked to mark envelope “Packy Romans Park Improvement Project PH2” in lower left hand corner with the Bid #ITB-20-040 shown on the front of the envelope in which the bid is submitted. The City of Englewood assumes no responsibility for unmarked envelopes being considered for award. If City offices are closed due to inclement weather, an amendment will be issued with a new date, time and address of the bid opening. Proposals must be submitted with two (2) copies and one (1) electronic copy on a flash drive. At time, date, and place above, bids will be publicly opened and read out loud. Late bids will not be accepted under any circumstance, and any bid so received shall be returned to the bidding firm unopened. In addition, telegraphic and/or bids sent by electronic devices are not acceptable and will be rejected upon receipt. Bidding firms will be expected to allow adequate time for delivery of their bid either by air freight, postal service, or other means. Bidding firms are invited to, but not required to attend the bid opening. The City of Englewood has contracted with BidNet that utilizes a central bid notification system created for the City of Englewood. This system allows vendors to register online and receive notification of new bids, amendments and awards. If you do not have internet access, please call the BidNet support group at (800) 677-1997 extension #214. Vendors with internet access should review the registration options at the following website: http://www.BidNetDirect.com The City of Englewood cannot guarantee accurate information of plans and specifications obtained from sources other than the Rocky Mountain E-Purchasing System (RMEPS). Any questions or clarifications concerning this bid shall be submitted in writing by e-mail to eboyd@englewoodco.gov at the City of Englewood, Procurement Division, 1000 Englewood Parkway, Englewood, CO 80110. The bid title and number should be referenced on all correspondence. All questions must be received no later than 10:00 A.M. MDT, Wednesday October 14, 2020. All responses to questions/clarifications will be listed on the Rocky Mountain E-Purchasing Site as listed above in the form of an addendum no later than: Thursday October 22, 2020 The City will not be bound nor responsible for any explanations or interpretations other than those given in writing as set forth in this invitation for bid. No oral interpretations shall be binding on the City. ATTACHMENT B CONTRACTOR’S WINNING BID PROPOSAL AND RFP Page 467 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 2 All material submitted in connection with this bid becomes the property of the City of Englewood. Any and all bids received by the City shall become public record and shall be open to public inspection after the award of a contract, except to the extent the bidding entity designates trade secrets or other proprietary data to be confidential. The successful bidding entity agrees to comply with all applicable Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein and agrees to secure all necessary licenses and permits in connection with this invitation and any goods or services to be provided. Where bidding entities are required to enter City of Englewood property to deliver materials or perform work or services as a result of an award, the entity will assume the obligation and expense of obtaining all necessary licenses, permits and insurance. The bidding entity shall be required to have property, liability, and workers compensation insurance with minimum limits of $1,000,000.00 and to provide the City with copies of the certificate of insurance. The successful bidding entity will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin and will comply with the Americans with Disabilities Act. By submission of the bid, the bidding firm certifies that the bid has been developed independently and submitted without coordination with any other bidding entity. The City of Englewood shall have the right to reject any or all bids, and to waive any informalities or irregularities therein and request new bids when required. In addition, the City reserves the right to accept the bid deemed most advantageous to the best interest of the City. Any award made in response to this Invitation to Bid will be made to that responsible bidding entity whose offer will technically be most advantageous to the City- price, delivery, estimated cost of transportation, and other factors considered. The option of selecting a partial or complete bid shall be at the discretion of the City of Englewood. If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. The successful bidding entity must understand and acknowledge that the City as an arm of the State is subject to Article X, § 20 of the Colorado Constitution commonly known as “TABOR”. It is understood and agreed that any future contract/agreement entered into by the City cannot create a multi-year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in any future contract/agreement, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of any fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, resolutions and ordinances of the City and applicable law. Upon the failure to appropriate funds, any contract/agreement shall be terminated. In addition to the preceding paragraph the successful bidding entity must acknowledge and understand that pursuant to Article XI of the Colorado Constitution the City is prohibited from indemnifying another party. No indemnification clause or provision will be accepted by the City. The successful bidder will be required to enter into a contractual agreement with the City, using the City’s standard contract forms, which are currently titled Professional Services Agreement, Contract for Construction and Contract for Services. The type of contract that will be necessary is based upon the services to be provided. A sample of these contracts and the terms therein may be acquired at any time prior to submitting the bid. Page 468 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 3 Please note that any contract over $100,000 dollars is subject to approval by the City Council, and no contract is valid or enforceable until such approval. Eva Boyd, Procurement Administrator City of Englewood, CO Page 469 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 4 GENERAL INFORMATION ITB-20-040 Packy Romans Park Improvement Project Phase 2 The City of Englewood’s objective is to hire a qualified and competent Contractor to provide all labor, materials, traffic control, and equipment necessary to construct the: Packy Romans Park Improvement Project PHASE 2 and other improvements as detailed in the attached drawings and specifications included as part of this Invitation to Bid. Scope of Work (Construction of post tension concrete tennis courts, playgrounds, nearby walkways and landscaping.) Project Schedule: Bid Package Available: Wednesday September 30, 2020 Recommended Pre-Bid Conference: Thursday October 8, 2020 10:00AM Question Due Wednesday October 14, 2020 10:00AM Addendum Due Thursday October 22, 2020 Bids Due: Thursday October 29, 2020 Construction Start Date Spring 2021 The Contractor is responsible for obtaining all required permits prior to commencement of any work on the project. Contractor’s use of Premises: The contractor shall limit their work to between the hours of 7:30am and 4pm., Monday through Friday except City holidays. Any other times of work shall be by approval of the engineer. The contractor and their subcontractors will be allowed on site only during the established working periods. All disposal of debris resulting from the Contract Work, unless specifically allocated to another scope of work, shall be the responsibility of the Contractor. This includes scheduling, costs and interference in the use of trash collecting, containers, trucks, etc. The contractor is responsible for compliance with all local, state and federal regulations regarding the disposal of any hazardous and non-hazardous wastes. The disposal of all waste material such as broken concrete, pavement, trees, roots, rocks, pipe and excessive earth material due to excavation shall be the responsibility of the Contractor. The contractor shall supply a dumpster or dump truck to haul away all trash and debris. The work site must be kept neat and orderly at all times. The Contractor shall not store debris on site nor use any dumpster except his own. The contractor shall provide barricades, safety guards, temporary fencing, signage and/or other methods to secure trenches, open excavations, and other unsafe conditions resulting from this construction. Contractor shall adhere to all safety regulations. Page 470 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 5 Recommended Pre-Bid Meeting Recommended pre-bid meeting will be virtually held on Thursday October 8, 2020, at 10:00 A.M. Join Microsoft Teams Meeting +1 720-739-6719 United States, Denver (Toll) Conference ID: 718 363 390# There is a 5% bid bond required for this project. Each Bid shall be accompanied by an appropriate guarantee in the form of a Bid Bond, Certified Check or Cashier’s Check made payable to the City of Englewood in an amount of not less than 5% of the bid amount. The awarded Contractor will be required to have ready and furnish a “Performance, Payment and Maintenance Bond” in the amount of 100% (copy attached) executed by a surety company acceptable to the City of Englewood within 10 days of Notice of Award. Sample Contract: a sample contract, which the City of Englewood intends to use with the successful contractor is attached to this ITB and identified as “Sample Contract”. Exceptions to the contract should be identified and submitted with the contractor’s proposal. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements. The Contractor will be required to have a City of Englewood License and pay fees based on the license type. All bids to include 3½% Sales and Use Tax, and a ¼% Arapahoe County Open Space Tax, on materials incorporated into the project. Liquidated Damages: Contractor shall pay the City $250.00 for each day that expires after the time specified for substantial completion until the work is complete, and $250.00 for each day that expires after the time specified for final completion until the work is finally complete. Statement of Qualifications: Included in the bid documents is a Statement of Qualifications form that must be completed and submitted with bid proposals. Insurance – See “Insurance” document (attached) for required insurance which must be kept in effect during the performance of this work. Certificates must be provided to the City prior to undertaking any work. All work performed under this solicitation will be performed in a manner that will protect the public and workers during the construction and comply with all applicable laws and regulations. The Contractor shall be solely, and completely responsible for the conditions at, and adjacent to, the job site, including safety of all persons and property, during the performance of the work. This requirement shall apply continuously and shall not be limited to normal working hours. The duty of the City to conduct construction review of the Contractor’s performance and is not intended to include review of the adequacy of the Contractor’s safety measures in, on, or near the construction site. No reimbursement will be made by the City of Englewood for any costs incurred prior to a formal “Notice to Proceed” or purchase order being issued. The Contractor shall commence work under the contract on or before the 10th day following the “Notice to Proceed” unless such time for beginning the work shall be changed by the City of Englewood’s Project Manager for this Project in the “Notice to Proceed.” The successful bidder upon Notice of Award will execute the contract and furnish required insurance certificates to the City of Englewood. Page 471 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 6 The Contractor shall be responsible for any sub-contractor brought in by the Contractor and insure all sub- contractors comply with all insurance & licensing requirements. All work shall be made in accordance with good commercial practice and shall be adhered to by the successful Contractor(s), except in such cases where the delivery will be delayed due to acts of God, strikes, or other causes beyond the control of the Contractor. In these cases, the Contractor shall notify the City of the delays in advance of the delivery date so that a revised delivery schedule can be negotiated. Should anything be omitted from the Contract Documents which is necessary to a clear understanding of the work, or should it appear that various instructions are in conflict, then the Contractor shall secure written instructions from the Owner before proceeding with the construction affected by such omissions or discrepancies. The Contractor shall furnish all materials, labor, equipment and perform all operations required to complete the work in accordance with the intent of the Contract, Drawings and Specif ications. A listing should be provided of all sub-contractors and additional qualification information should be provided as to the experience of the company that will work on the: Packy Romans Park Improvement Project Phase 2 Identify the contact person and supervisory personnel who will work on the project. Resumes of each person should be provided with emphasis on their experience with similar work. Page 472 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 7 ITB-20-040 Packy Romans Park Improvement Project phase 2 BID PROPOSAL FORM Name of Contractor: Date: Total Bid:______________________ Receipt of Addenda Nos.__________________________________ is hereby acknowledged. TOTAL AMOUNT OF BID ________________________________________________________________________________________ ___________________________________________ ($______________________) One Such Bid for Packy Romans Park Phase 2 Improvement Project This Contract will be awarded to the lowest reliable, responsive and responsible bidder. This offer shall be open to acceptance and is irrevocable f or ninety (90) days from the bid closing date. The undersigned bidder hereby agrees to be ready and to appear at the office of the Department of ____________, to execute the attached form of Contract in conformity of this bid and also to have ready and furnish the required bond in the sum of the full amount of this proposal, executed by a surety company acceptable to the City of Englewood, at any time within ten (10) days from the date of a written notice from the Director of Public Works to do so, mailed to the address hereinafter given. This Proposal is made without any connection with any other persons, firms, or corporations making any other bid for this same work and is in all respects fair and without collusion or fraud. The Undersigned Bidder acknowledges the right of the City to reject any or all bids submitted and to waive informalities therein. Dated at _________________ this ______ day of _________________, 2020 Signature of Bidder: If an individual: ____________________________________ doing business as ________________________________________________________________________ If a partnership: ______________________________________________________ By: _____________________________________________ member of firm If a corporation: ______________________________________________________ a ____________________________________________________ corporation Page 473 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 8 By: ______________________________________________________________ Business address, name and phone number of Bidder: ________________________________________________________________________ ________________________________________________________________________ The name and location of the last work of this kind herein contemplated upon which Bidder was engaged is as follow: ________________________________________________________________________________________ ________________________________________________________________________________________ __________________________________________________________ For information relative hereto please refer to: Name _____________________________________ Title ______________________ Address ________________________________________________________________ Page 474 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 9 INSURANCE Insurance Limits: The Contractor shall carry throughout the life of the contract the insurance listed below: Under Section B Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Under Section C Minimum Limits Public Liability $1,000,000 Property Damage $1,000,000 Public Liability and Property Damage Insurance: The Contractor shall maintain during the life of this contract, Public Liability and Property Damage Insurance acceptable to the City, covering the work contracted and all operations in connection herewith, and whenever any of the work covered in the Contract is to be sublet, Contractor's Contingent or Protective Liability and Property Damage Insurance. Such insurance shall provide limits not less than those called for in these Special Provisions. Automotive Liability and Property Damage Insurance: Whenever the work covered by the Contract shall involve the use of automotive equipment, the Contractor shall maintain during the life of the contract, Automotive Public Liability and Property Damage Insurance. This insurance shall provide limits not less than those called for in these Special Provisions to protect the Contractor from any and all claims arising from the use of the following in the execution of the work included in the contract: (l) Contractor's own automobile and trucks. (2) Hired automobiles and trucks. (3) Automobiles and trucks not owned by the Contractor. Such insurance shall cover the use of automobiles and trucks both on and off the site of the project. Workers Compensation: The Contractor shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. Liability: The Contractor shall indemnify and save harmless the City against any and all damages to property or injuries to or death to any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City from any and all claims, demands, suits, actions, or proceedings of any kind, or nature, including Workmen's Compensation claims, of or by any whomsoever, in any way resulting from or arising out of the operation in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of the Contractor or his sub-contractors. Insurance coverage specified herein and in the Special Conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the Contract. The Contractor shall procure and maintain, at his own cost and expense, Page 475 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 10 any additional kinds and amounts of insurance that, in his own judgment, may be necessary for his proper protection in the prosecution of the work. All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued. The completed Certificate of Insurance shall be sent to: Procurement Division City of Englewood 1000 Englewood Parkway Englewood, CO 80110 With an additional copy sent to: Benefits and Risk Division City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Page 476 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 11 (SAMPLE) CONTRACT CITY OF ENGLEWOOD, COLORADO THIS CONTRACT is, made and entered into this _____ day of ___________, 20__, by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the “City”, and _______________________________________________________, whose address is _________________________________________, (“Contractor”), Commencing on the day of ________ __, 20__, and continuing for at least ten (10) days thereafter the City advertised that sealed bids and proposals would be received for furnishing all labor, tools, supplies, equipment, materials and everything necessary and required for the following: PROJECT: Packy Romans Park Improvement Project Phase 2 WHEREAS, proposals pursuant to said advertisement have been received by the City and have been certified by the Director of ________________ and forwarded to the Mayor and City Council with a recommendation that a contract for work be awarded to the above named Contractor who was the lowest reliable and responsible bidder therefore, and WHEREAS, pursuant to said recommendation, the Contract has been awarded to the above named Contractor by the Mayor and City Council and said Contractor is now willing and able to perform all of said work in accordance with said advertisement and the attached proposal. NOW THEREFORE, in consideration of the compensation to be paid and the work to be performed under this contract, the parties mutually agree as follows: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached or incorporated by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full: Invitation to Bid and Supporting Documents Contract (this instrument) Including all Exhibits, Schedules, and Attachments. All Bid Response Documents Certificate of Insurance B. Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents. C. Terms of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Parks, Recreation & Library and agrees to fully complete said work by 120 days plus such extension or extensions of time as may be granted by the Director of Parks, Recreation & Library in accordance with the provisions of the Contract Documents and Specifications. D. Indemnification: The city cannot and by this Agreement/Contract does not agree to indemnify, hold harmless, exonerate or assume the defense of the Contractor or any other person or entity, for any purpose. The Contractor shall defend, indemnify and save harmless the City, its officers, agents and employees from any and all claims, demands, suits, actions or proceedings of any kind or nature including Worker’s Compensation claims, in any way resulting from or arising out of this Agreement/Contract: Page 477 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 12 provided, however, that the Contractor need not indemnify or save harmless the City, its officers, agents and employees from damages resulting from the sole negligence of the City’s officers, agents and Employees. E. Termination of Award for Convenience: The City may terminate the award at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination, at least thirty (30) days before the effective date of such termination. In that event all finished or unfinished service, reports, material (s) prepared or furnished by the Contractor after the award shall, at the option of the City, become its property. If the award is terminated by the City as provided herein, the Contractor will be paid that amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful firm agreed to perform under this award, less payments of compensation previously made. If the award is terminated due to the fault of the Contractor the clause relating to termination of the award for cause shall apply. F. Termination of Award for Cause: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations or if the Contractor shall violate any of the covenants, agreements or stipulations of the award, the City shall have the right to terminate the award by giving written notice to the Contractor of such termination and specifying the effective date of termination. In that event, all furnished or unfinished services, at the option of the City, become its property, and the Contractor shall be entitled to receive just, equitable compensation for any satisfactory work documents, prepared completed or materials as furnished. Notwithstanding the above, the Contractor shall not be relieved of the liability to the City for damages sustained by the City by virtue of breach of the award by the Contractor and the City may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the City from the Contractor is determined. G. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in accordance with the price or prices set forth in the Contractor’s proposal attached and made a part hereof, the total estimated cost thereof being _______________________________________________ ________________________________________________($___________). A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. H. Appropriation of Funds: At present, $________________________ has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, the parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution (“TABOR”). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement/Contract to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. The City shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. I. Liquidated Damages: The City and Contractor recognize that time is of the essence in this Agreement because of the public interest in health and safety, and that the City will suffer financial loss, and inconvenience, if the Work is not complete within the time specified in the bid documents, plus any Page 478 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 13 extensions thereof allowed in accordance with the General Conditions. They also recognize the delays, expense and difficulties involved in proving, in a legal proceeding, the actual loss suffered by the City if the Work is not complete on time. Accordingly, instead of requiring any such proof, the City and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the City $250.00 for each day that expires after the time specified for substantial completion until the Work is complete, and $250.00 for each day that expires after the time specified for final completion until the Work is finally complete. J. Assignment: Contractor shall not, at any time, assign any interest in this Agreement or the other Contract Documents to any person or entity without the prior written consent of the City specifically including, but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law). Any attempted assignment which is not in compliance with the terms hereof shall be null and void. Unless specifically stated to the contrary in any written consent to an Assignment, no Assignment will release or discharge the Assignor from any duty or responsibility under the Contract Documents. K. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. L. State Statute: If this project is for a public works project or public project, as defined in Section 8-49-102(2) C.R.S. the contractor shall comply with 8-17-101 C.R.S. which requires the contractor to use at least eighty percent (80%) Colorado labor for any public works project financed in a whole or in part by State, counties, school districts, or municipal monies. M. Contractors Guarantee: The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of _________ whose decision upon the matter shall be final and obligatory upon the Contractor. N. Governing Law: This Contract shall be governed by, construed and enforced under the laws of the State of Colorado, excluding statutes related to conflict of laws between different jurisdictions. O. Disclosure of Confidential Information: The City as an arm of the state is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract. Page 479 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 14 VERIFICATION OF COMPLIANCE WITH C.R.S. 8-17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor shall: (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the sub-contract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with the illegal alien. (d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph. Page 480 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 15 IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first written above. CITY OF ENGLEWOOD By: Date: (Department Director) By: ________________________________ Date: ___________________ (City Manager) By: ________________________________ Date: ___________________ (Mayor) ATTEST: City Clerk _______________________________ Contractor (print company name) By: _____ Date: (Signature) _______________________________ (Print name and Title) Page 481 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 16 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL 2. NAMES OF PROJECT COORDINATORS 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY 5. OTHER RESOURCES 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES 7. SPECIAL TERMS, IF ANY 8. MODE OF PAYMENT 9. PAYMENT SCHEDULE 10. SCHEDULE AND PERFORMANCE MILESTONES 11. ACCEPTANCE AND TESTING PROCEDURES 12. LOCATION OF WORK FACILITIES Page 482 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 17 IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Company Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 483 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 18 PERFORMANCE, PAYMENT AND MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS That we __________________ __hereinafter called the Principal, and _________________________________________ hereinafter called the Surety, are jointly and severally held and firmly bound unto THE CITY OF ENGLEWOOD, County of ARAPAHOE, State of COLORADO, hereinafter called the Owner, in the sum of _______________________________ ($ ), lawful money of the United States of America, to be paid to the Owner for the payment whereof the Principal and Surety hold themselves, their heirs, executors, administrators, successors, and assigns, jointly and severally, firmly bound by these presents. WHEREAS, the Principal has, by means of a written agreement dated ____________________ entered into a Contract with the Owner for the construction of ________________________________________which Contract is by reference made a part hereof the same as though fully set forth herein; NOW, THEREFORE, the conditions of this obligation are as follows: FIRST, The Principal shall: (1) faithfully perform said Contract on Principal’s part and satisfy all claims and demands incurred for the same; (2) fully indemnify and save harmless the Owner from all costs and damages which said Owner may incur in making good any default. SECOND, To the extent permissible by law, the Principal shall protect, defend, indemnify and save harmless the Owner, the Architect-Engineer, and their officers, agents, servants and employees, from and against suits, actions, claims, losses, liability or damage of any character, and from and against costs and expenses, including in part attorney fees, incidental to the defense of such suits, actions, claims, losses, damages or liability on account of injury, disease, sickness, including death, to any person, or damage to property, including in part the loss of use, resulting therefrom, based upon or allegedly based upon any act, omission or occurrence of the Principal, or his employees, servants, agents, subcontractors or suppliers, or anyone else under the Principal’s direction and control (regardless of whether or not cause in part by a party indemnified hereunder), and arising out of, occurring in connection with, resulting from, or caused by the performance or failure of performance of any work or services called for by the Contract, or from conditions created by the performance or non- performance of said work or services. THIRD. The Principal shall pay all persons, firms and corporations, all just claims due them for the payment of all laborers and mechanics for labor performed, for all materials and equipment used or rented in the performance of Principal’s Contract. Contractor’s Guarantee. The Contractor shall guarantee that work and associated incidentals shall remain in good order and repair for a period of two (2) years from all causes arising from defective workmanship and materials, and to make all repairs arising from said causes during such period without further compensation, and shall keep the same in said work and repair without further compensation for a period of one (1) year from and after completion and acceptance thereof by the City. The determination of the necessity for the repair or replacement of said project, and associated incidentals or any portion thereof, shall rest entirely with the Director of ________, whose decision upon the matter shall be final and obligatory upon the Contractor. Every Surety on this bond shall be deemed and held, any Contract to the Contrary notwithstanding, to consent without notice: 1. To any extension of time to the Contractor in which to perform the Contract. Page 484 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 19 2. To any change in the Plans, Drawings, Specifications, Contract or other Contract Documents, when such change does not involve an increase of more than twenty percent (20%) of the total contract price, and shall then be released only as to such excess increase. Further, every Surety on this bond shall pay to this Owner all costs and attorney fees necessary to enforce the provisions on the bond provisions contained herein. Unless prohibited by law, an action on the payment and performance provisions of this bond may be brought by the Owner or any person entitled to the benefits of this bond at any time within five years from date of final settlement of the Contract, and under the maintenance provisions of this bond an action may be brought within five (5) years from the time the cause of action arises. Principal and Surety are jointly and severally liable under the provisions hereof and action against either or both may proceed without prior action against the other, and both may be joined in one action. SIGNED AND SEALED THIS _____ day of _________________________, 2020. IN PRESENCE OF: _____________________________ ________________________________ By: __________________________ Name Title ATTEST: (As to Corporation) By: _____________________________ Secretary _____________________________ (CORPORATE SEAL) Surety By: __________________________ Attorney in fact COUNTERSIGNED: (SEAL OF SURETY) By:______________________________ Resident Agent (Print Name Below) (Accompany this bond with Attorney-in-fact’s authority from the Surety to execute the bond, certified to include the date of the bond.) Approved for the City of Englewood: By: ________________________________ City Manager Page 485 of 559 ____________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110 Phone (303) 762-2400 www.englewoodco.gov 20 City of Englewood, Colorado Sales and Use Tax and Arapahoe County Open Space Sales Tax The contractor, or any of his/her sub-contractors, shall be required to pay all sales and use (regular and/or building) taxes levied by the City of Englewood and Arapahoe County on any materials built into, incorporated or used (such as formwork materials, etc.) on the project including rental of equipment. In addition any equipment purchased within the last three years and used on this project is subject to a 3.5% sales tax plus .25% Arapahoe County Open Space Sales Tax. Upon completion of the work, the Contractor will be required to furnish the City with an itemized statement of the tangible property upon which the tax is due. Building Use Tax is collected on a permit for materials that become part of the improvements to realty. Any other materials not included in a permit are subject to regular use tax. This includes, but is not limited to tempor ary fencing, tools and equipment purchased or rented for the project, and any other items that would normally be subject to regular use tax (consumed/used by the contractor). A contractor is liable to the City for regular as well as the building use taxes. If City tax has been paid on items subject to regular use tax in Englewood or elsewhere, please provide a receipt for taxes paid to receive credit. All materials subject to regular use tax will be collected when sales/use taxes are filed or when an audit is performed. The contractor shall report separately on Form FR39a the materials that become part of the improvements to realty versus other materials not included in a permit as stated above. The contractor and/or sub-contractor may be exempt from the tax (for example, State and RTD tax) when the material becomes part of the structure for a tax exempt entity. The contractor and/or sub-contractor must obtain an exemption certificate from the Department of Revenue to purchase the materials tax free. Each sub-contractor shall compile a complete list of paid invoices, based on materials purchased directly by the sub-contractor, including the following information: invoice number, invoice date, vendor’s name, invoice amount, amount of tax due the City, type of materials (cement, rebar, structural steel, flooring, etc.). [Form FR39a] The contractor shall compile a complete list of paid invoices based on materials purchased directly by the contractor, including the following information: invoice number, invoice, date, vendor’s name, amount of invoice, amount of tax due the City, type of material (cement, rebar, structural steel, flooring, etc.). [Form FR39a] At completion of the work, each sub-contractor shall submit ,on forms supplied by the City of Englewood, to the contractor, a document similar to Form FR39a and the “Affidavit” (2 copies) duly acknowledged, based on the information compiled as indicated above. The contractor shall forward all said certificates to the City’s Project Manager. (The City will supply said forms.) The contractor and all sub-contractors shall keep sufficient records to verify the amount of purchases subject to use taxes due to the City and the amount of purchases subject to Arapahoe County Open Space taxes due to Arapahoe County. This documentation shall be maintained for three years subsequent to the issue date of the Certificate of Occupancy. Prior to the City issuing the Certificate of Occupancy (CO), all applicable City of Englewood Regular Use and/or Building Use Taxes and Arapahoe County Open Space Tax on any tangible property built into, incorporated or used on the project must be paid. Page 486 of 559 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303)762-2419 www.englewoodco.gov 21 CITY OF ENGLEWOOD, COLORADO DEPARTMENT OF FINANCE AND ADMINISTRATIVE SERVICES A F F I D A V I T COUNTY OF _________________________________ ss. ___________________________________, _______________________________________________ of the (Title) (Signer’s Name) ___________________________________________________________________________, being of lawful (Business Name of Contractor) age and first duly sworn, deposes and says: That under the terms of a contract dated ______________, 20__: That _______________________________________ was the prime or sub-contractor for the installation of equipment and/or construction of a ________________________________________________ for the ___________________________________________________________________; that between the dates of (Entity Name) ______________________________, 20__ and ______________________________, 20__ said contractor built into or installed tangible, personal property upon which use tax is subject; the entire purchase price is listed on attached form, and that evidence of payment for said tangible, personal property are available for inspection by the City of Englewood. That the tangible, personal property upon which the tax was paid was actually built into or installed in said _______________________________________________________________________________________. (Type of Structure and Project Location Address) The entire purchase price of said tangible, personal property and the tax thereon is listed on the attached form hereto and make a part hereof. The contract is not yet completed The contract was completed ___________________, 20__. ___________________________ ___________ Contractor’s Signature Date Before me _______________________________________________, a Notary Public in and for ____________________________ County, Colorado, personally appeared ___________________________ ___________________________________, know to me personally to be the person whose signature appears hereon and who subscribed his signature hereunto in my presence this ________ day of ___________________________, A.D. 20__. My commission expires _____________. ________________________________________ Date Notary Public (SEAL) FR39/Section Page 487 of 559 City of Englewood (Cust) Bid Proposal Client Name: Singing Hills Landscape, Inc. Project Name: Estimate ID:EST2141771 Date:Oct 22, 2020 1800 East Floyd Avenue Englewood, Colorado 80113 Jobsite Address: RomanParkP2/Englewood-IC21 1000 Englewood Parkway Englewood, Colorado 80110 Billing Address: Thank you for the opportunity to provide this proposal! The proposal includes materials, labor and fees to provide and install the items listed below. Please feel free to call us with questions or revisions. Proposal Excludes: ·Repair of unmarked private utilities ·Erosion control not specifically included ·Surveying and/or engineering ·Any cutting, coring, drilling, or installation of concrete or asphalt not specifically included ·Any electrical or plumbing work not specifically included ·After hours work – normal work hours are Monday to Friday 7:00 AM – 7:00 PM ·Fencing of any kind not specifically included ·Permits not specifically included ·Water ·Structural soils $20,275.00Mobilization $8,235.00Remove Asphalt Walk Includes removing and hauling away of asphalt sidewalks $325.00Tree Removal Remove unwanted tree $2,170.00Remove Picnic Shelter Includes removing of structure and concrete base and hauling away $3,335.00Remove Basketball Court Includes removing of asphalt basketball court and posts and hauling away $1,245.00Grubbing and Clearing Includes stripping unwanted sod and plants www.singinghillsinc.comp. 303-343-4100 f. 303-343-4111 16797 E. 2nd Ave. email: mike.leman@singinghillsinc.comAurora, CO 80011 Page 1 of 5 ATTACHMENT B CONTRACTOR’S WINNING BID PROPOSAL AND RFP Page 488 of 559 Includes stripping unwanted sod and plants $20,780.00Erosion Control & Protection Includes Site Survey, grading of land as indicated on the plans and orange plastic tree fencing $8,185.00Remove Restroom Includes Capping utilities and demolition of restroom structure and haul away $1,015.00Soil Prep Includes ripping and tilling compost in landscape beds and fine grading $18,805.00Sod Allowance: Includes tilling in amended topsoil, fine grading and laying sod in all disturbed areas. Item currently includes 10,864 square feet, as shown on the landscape plan. Unit price to be: $1.64/SQFT $2,135.00Landscape Edger Includes roll-top steel galvanized edging separating landscape areas as shown on landscape plans. $12,720.00Planting Includes planting of plants as per drawings $2,360.00Wood Mulch Includes adding cedar wood mulch in all landscaping beds and around tree rings in grass $4,890.00Rock Mulch Includes cobble mulch with weed barrier fabric $149,155.00Restroom Includes restroom CXT brought in and installed, stub up of electrical and plumbing lines $1,960.00Concrete Wall Includes forming and pouring concrete wall $9,580.00Block Retaining Wall Includes installing of retaining wall base, blocks and top caps $40,855.00Basketball Court Includes post tension concrete surface with post and backboard www.singinghillsinc.comp. 303-343-4100 f. 303-343-4111 16797 E. 2nd Ave. email: mike.leman@singinghillsinc.comAurora, CO 80011 Page 2 of 5 Page 489 of 559 $2,255.00Concrete Edger Includes 6" concrete curb line surrounding fitness area $50,005.00Site Furnishings Includes Benches, Bike Racks, Picnic Tables and Shelter installed by A to Z Recreation $93,500.00Concrete Path, Steps and Handrail Includes forming and pouring of concrete walkways and picnic shelter area with a broom finish Also includes metal fabricated handrail installed (2) $7,100.00Boulders Includes installing partially buried landscape boulders $6,220.00Crusher Fines Includes roadbase, weed barrier fabric and stabilized crusher fine compacted $24,985.00Fitness Equipment Includes Fitness equipment installed by Recreation Plus $2,640.006" Drain Pipe and Basin Includes installing catch basin, trenching for pipe and installing pipe $5,745.00Slackline Posts Includes digging holes, roadbase, concrete and posts. Posts to be as specified: 3' from final grade and 5' below surface in concrete footings. $325.00Irrigation Sleeving Includes trenching for irrigation sleeves for under sidewalks $7,085.00Irrigation Spray Valves Includes new valves, lateral pipe and heads $507,885.00Estimate Total All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written orders, and will be an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Site must be fine-graded and free of impediments and debris prior to mobilization. Terms of payment: Net 30 with final payment due thirty days after substantial completion unless other terms are arranged prior to signing www.singinghillsinc.comp. 303-343-4100 f. 303-343-4111 16797 E. 2nd Ave. email: mike.leman@singinghillsinc.comAurora, CO 80011 Page 3 of 5 Page 490 of 559 Terms of payment: Net 30 with final payment due thirty days after substantial completion unless other terms are arranged prior to signing this proposal. Monthly progress payments are due according to percentage of work projected to be completed as of the end of each month. Any surplus material remains the property of Singing Hills Landscape, Inc. This proposal will be incorporated into the contract in its entirety – including the Contract Amendment. This proposal may be withdrawn by us if not accepted within 30 days. Contract Amendment 1. General:In no case shall Subcontractor’s liabilities to the Contractor exceed the Contractor’s liabilities to the Owner for this scope of Work and the Associated Contract both contractually and financially (i.e. Retainage, liquidated damages, etc.). Subcontractor reserves the right to stop work per the Laws of the State of Colorado. 2. Subcontractor’s Work: The quotation that this contract is based on is derived solely from the referenced landscape and irrigation plans and specifications. Any error(s) or omission(s) in the Landscape and Irrigation plans and/or specifications will not be considered to be within the scope of Landscape Subcontractor’s work or responsibility. Further, this work is specifically limited to the scope as defined by Subcontractor’s original quotation and as amended by subsequent revisions and/or change orders. Any associated contract or change order is bound by the conditions of those quotations and this Amendment. 3. Payment: Owner’s failure to make payment(s) to Contractor does not relieve Contractor of its financial and other obligations to Subcontractor. No joint checks will be accepted. 4. Indemnity: Subcontractor shall indemnify the Owner(s), architect, Engineer and/or Contractor and/or any other referenced parties only to the extent to which Subcontractor is responsible for said claims, damages, liability or expense. Contributory negligence and liability is hereby recognized by all parties. 5. Subcontractor Default: Permission for garnishment of any property of Subcontractor is expressly denied. 6. Liens and Payment: This is limited to amounts which the Owner(s) and/or Contractor have paid to Subcontractor. Subcontractor will provide lien releases only for the portion of work for which Subcontractor has been paid. No payment shall be required to be issued to any vendor or supplier for this project by Subcontractor prior to receipt of same from Contractor or Owner. Subcontractor does not and will not waive any legal recourse allowed by the Laws of the State in which the work in performed, including liens. 7. Impact: Delays, Damages, Loss of Rhythm, extended overhead and other such costs are recognized by all parties and are chargeable by Subcontractor to the full extent of those costs. Any delay(s) caused by other contractors, or additional schedule accelerations will be cause for extension of Subcontractor’s completion date commensurate to the length of such delay(s). Additional overtime/impact is chargeable. 8. Arbitration and Disputes:This contract is covered by the laws of the State of Colorado which shall prevail over all Articles and Conditions of the contract. All disputes and mediation will be in the county where the work is to be performed. The losing party shall bear all legal expenses, awards and other reasonable costs commensurate to that party’s percentage of responsibility as determined by the Arbitrator(s) or Court of law, whichever is the trial venue. 9. Agent:The Project Manager is the authorized agent for Subcontractor. Field personnel are not authorized to bind Subcontractor under any contracts or agreements. 10. Commingling:No commingling of Contract Trust Funds is allowed. 11. Accounting:Subcontractor will maintain accurate and complete records of all costs incurred for this project. Contractor and/or Owner may audit such records at their own cost and expense including reimbursement of Subcontractor’s office staff time and direct expense. 12. Change Order: All change proposals will be based upon standard Singing Hills Landscape Inc. hourly rates and material expenses. No work shall proceed on any change order prior to written approval of same. 13. Price volatility:Due to market volatility in pricing and availability for copper & PVC, this proposal may require adjustments commensurate with the market at the time of production. Singing Hills Landscape Inc. will endeavor in good faith to complete projects based on price and availability at time of bid. However, cost changes will be applied if market value exceeds the price of material at time of bid. 14. Incorporation: This Amendment is hereby incorporated into the contract. This Amendment supersedes and takes precedence www.singinghillsinc.comp. 303-343-4100 f. 303-343-4111 16797 E. 2nd Ave. email: mike.leman@singinghillsinc.comAurora, CO 80011 Page 4 of 5 Page 491 of 559 Estimate authorized by:Estimate approved by: Company Representative Customer Representative Signature Date:Signature Date: 14. Incorporation: This Amendment is hereby incorporated into the contract. This Amendment supersedes and takes precedence over all other terms and conditions of the contract. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from the above specifications involving extra cost will be executed only upon written orders, and will be an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents, or delays beyond our control. Site must be fine-graded and free of impediments and debris prior to mobilization. Terms of payment: Net 30 with final payment due thirty days after substantial completion unless other terms are arranged prior to signing this proposal. Monthly progress payments are due according to percentage of work projected to be completed as of the end of each month. Any surplus material remains the property of Singing Hills Landscape, Inc. This proposal will be incorporated into the contract in its entirety – including the Contract Amendment. This proposal may be withdrawn by us if not accepted within 30 days. Proposal Excludes: ·Major additional labor incurred to hand dig around utilities ·Repair of unmarked private utilities ·Erosion control not specifically included ·Surveying and/or engineering ·Any cutting, coring, drilling, or installation of concrete or asphalt not specifically included ·Any electrical or plumbing work not specifically included ·After hours work – normal work hours are Monday to Friday 7:00 AM – 7:00 PM ·Fencing of any kind not specifically included ·Permits not specifically included ·Water ·Mass dirt work, rough, or fine grading - Stipulates fine grade to be supplied at +/- 0.10 of a foot ·Structural soils www.singinghillsinc.comp. 303-343-4100 f. 303-343-4111 16797 E. 2nd Ave. email: mike.leman@singinghillsinc.comAurora, CO 80011 Page 5 of 5 Page 492 of 559 PACKY ROMANS PARK PHASE 2 IMPROVEMENT PROJECT SUPPLEMENTAL SCHEDULE OF UNIT PRICES Required to be filled out as part of the contract documents. NAME OF FIRM: Item Description Unit Unit Price Landscape Clearing and Grubbing SF $ Remove Asphalt Walk SY $ Tree Removal EA $ Unclassified Cut CY $ Unclassified Fill CY $ Concrete Paving, 6-inch depth SF $ 6” Concrete Wall LF $ 6” Concrete Landscape Border LF $ Picnic Table EA $ Bike Rack EA $ Bench EA $ Topsoil, Imported CY $ Wood Mulch CY $ Rock Mulch CY $ Crusher Fines Paving SF $ 6” Drain Pipe LF $ Catch Basin EA $ Landscape Boulder EA $ Sod SF $ Irrigation Rain Bird 5004 Plus Rotors R-25/40 EA $ Rain Bird 1806 SAM R-18/24 Rotary EA $ Singing Hills Landscape 0.95 315.00Approximate 1 ton 91.00 12.65 73.50 2095.00 1300.00 598.00 24.50 89.25 10.00 28.35 21.00 1.00 0.26 325.00 10.00 5.20 *Does not include haul away *8' tall tree or shorter 11.60Assumes a 1.5" gravel *Unstabilized *Kentucky Bluegrass 44.10 37.80 Assumes Dumor Bench - 6' Assumes Dumor - surface mount Ultrasite - 6' ATTACHMENT B CONTRACTOR’S WINNING BID PROPOSAL AND FEE SCHEDULE Page 493 of 559 1 ½ ” Plastic Pipe (Lateral Pipe and Fittings) LF $ 1” Plastic Pipe (Lateral Pipe and Fittings) LF $ 3“ Class 200 PVC (Sleeve) LF $ 1 ½ ” Rain Bird Electric Control Valve (PESB Series) EA $ NOTE: Prices shall remain in effect during the life of the contract. 4.30 4.20 7.60 446.25 Page 494 of 559 04/01/2020 Security First Insurance Agency an ISU Network Member 7851 S. Elati St., Ste. 100 Littleton CO 80120 Robin Muckey (303) 730-2327 (303) 730-2930 rmuckey@securityfirstia.com Singing Hills Landscape 16797 E 2nd Avenue, C-102 Aurora CO 80011 Pinnacol Assurance 41190 CL2012920052 A Y Y 4082000 01/01/2020 01/01/2021 1,000,000 1,000,000 1,000,000 City of Englewood 1000 Englewood Parkway Englewood CO 80110 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESEN ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY ATTACHMENT C CONTRACTOR'S CERTIFICATE OF INSURANCE Page 495 of 559 4/1/2020 Lautenbach Insurance Agency, LLC 5721 S. Nevada St. Littleton, CO 80120 Fred Lautenbach (303)798-2534 (303)798-2536 fred@lautenbachinsurance.com Singing Hills Landscape Inc. 16797 E. 2nd Ave. Ste: C-102 Aurora, CO 80011 Donegal/Mountain States Ins. Group Certificate 2020 A X X X CPT9168750 01/01/2020 01/01/2021 2,000,000 100,000 5,000 2,000,000 4,000,000 4,000,000 A X X X CAO9168750 01/01/2020 01/01/2021 1,000,000 A X X CXL9168750 01/01/2020 01/01/2021 1,000,000 1,000,000 A Rent/Lease/Borrowed Equipment CPT9168750 01/01/2020 01/01/2021 Limit:$50,000 Ded. $1,000 City of Englewood is listed as Additional Insured with regards to the General Liability. Re: Romans Park City of Englewood # CFC 19-82 1000 Englewood Parkway Englewood, CO 80110 Fred Lautenbach/JENN The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) ATTACHMENT C CONTRACTOR'S CERTIFICATE OF INSURANCE Page 496 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: January 4, 2021 SUBJECT: Designation of the Official Posting Place for Legal Notices DESCRIPTION: Designation of the Official Posting Place for Legal Notices RECOMMENDATION: Staff recommends City Council approve, by Resolution, the designation of the Official Posting Place for Legal Notices for 2021. PREVIOUS COUNCIL ACTION: On January 6, 2020 City Council designated the City's website as the official posting place for all legal notices of the City of Englewood for 2020. SUMMARY: Legislation amending Colorado Revised Statutes, § 24-6-402 (2)(c) became effective July 1, 2019. House Bill 19-1087 requires a local government to post notices of public meetings required by the state open meetings law on the local government's website. The notices are accessible to the public at no charge. The notices shall be searchable, if feasible, by type of meeting, date and time of meeting, and agenda contents. Colorado Revised Statutes, § 24-6-402(2)(c) also provides that the local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting. The Open Meetings Law, State Statute § 24-6-402(2)(c) requires that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. In addition to the City website, legal notices will be posted to the bulletin boards located at the Civic Center, all in conformance with C.R.S. § 24-6-402(2)(c). FINANCIAL IMPLICATIONS: None ATTACHMENTS: Page 497 of 559 Resolution Page 498 of 559 RESOLUTION NO. SERIES OF 2021 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2021. WHEREAS, Colorado Revised Statutes, § 24-6-402(2)(c) provides that “A local public body shall be deemed to have given full and timely notice of a public meeting if the local public body posts the notice, with specific agenda information if available, no less than twenty-four hours prior to the holding of the meeting on a public website of the local public body.” WHEREAS, C.R.S. § 24-6-402(2)(c) also provides that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The official posting place for all legal notices of the City of Englewood for the year 2021, shall be the City of Englewood’s website, all in conformance with C.R.S. § 24-6-402(2)(c). Section 2. This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 4th day of January, 2021. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2021. ______________________________ Stephanie Carlile, City Clerk Page 499 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: January 4, 2021 SUBJECT: Title 7, Chapter 7. Public Aid, Mutual Aid and Emergency Response. DESCRIPTION: CB 01 - Update to Title 7, Chapter 7 regarding Public Aid, Mutual Aid and Emergency Response RECOMMENDATION: The City Attorney recommends adopting a council bill for the proposed updates to Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response. PREVIOUS COUNCIL ACTION: The City Council reviewed the draft updates to Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response at the November 23rd Study Session. The City Council Adopted Ordinance 7, series of 2000 on March 6, 2000. Established the City Manager's authority to order the destruction of property in response to a fire emergency, updated the wording for Mutual Aid agreements, established the City Manager as the City's Emergency Response Authority (replacing the Director of Safety Services), established motor vehicle routes for transport of hazardous materials, and placed the City Manager in charge of Fire Lanes matters. The City Council adopted Ordinance 76, series of 2000. This Ordinance corrected codification errors. The City Council adopted Ordinance 20, series of 2011, adopted May 4, 2011. This Ordinance established emergency Medical Transport Fees. The City Council Adopted Ordinance 22, series of 2018 on October 3, 2018. This Ordinance authorized waiver of building permit fees following a declared disaster. SUMMARY: The City of Englewood has addressed several types of emergencies during the previous three years, none of which are addressed within Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response. The emergencies the City of Englewood has dealt with include a flooding event arising from excessive stormwater, a ransomware attack, and a National Pandemic. These emergencies have been very illustrative of the difference between adopting an emergency management plan and process and disaster management. It is necessary for the Page 500 of 559 City to direct and mandate emergency management planning and emergency response authority to assure that the City is prepared when future emergencies occur. ANALYSIS: Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response currently includes nine sections: 7-7-1: - Duty of Citizens to Aid. 7-7-2: - Destruction of Property. 7-7-3: - Mutual Aid and Automatic Aid Agreements. 7-7-4: - Emergency Response Authority. 7-7-5: - Establishment of Motor Vehicle Routes. 7-7-6: - Establishment of Fire Lanes. 7-7-7: - Emergency Medical Transport Fees. 7-7-8: - Vehicle Identification Fees. 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event. 7-7-1: - Duty of Citizens to Aid references the requirement that any citizen called to aid the police must do so. 7-7-2: - Destruction of Property references the City Manager's authority to direct properties to be destroyed to aid in stopping a fire. 7-7-3: - Mutual Aid and Automatic Aid Agreements restates the language within the Charter regarding adoption of IGAs and mutual aid agreements. 7-7-4: - Emergency Response Authority identifies the City Manager as the Emergency Response Authority for the City, but the only emergency referenced are spills of hazardous substances. 7-7-5: - Establishment of Motor Vehicle Routes establishes those routes upon which explosives may be transported through the City. 7-7-6: - Establishment of Fire Lanes explains how fires lanes are designated upon each property. 7-7-7: - Emergency Medical Transport Fees authorizes the Englewood Fire Division to charge fees, billing and collection measures associated with transportation by ambulance. 7-7-8: - Vehicle Identification Fees authorizes and directs the police department to charge a fee for conducting noncertified inspections of vehicle identification numbers. 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event allows the City Council the authority to waive building permit fees following a declared disaster to assist property owners in more quickly repairing and renovating property destroyed by the disaster. The proposed updates are as follows: 7-7-1: Duty of Citizens to Aid. No Change. Page 501 of 559 7-7-2: Fire Protection. Complete Change. References the authorities as set forth within the Englewood and Denver 2015 IGA for Fire Suppression. 7-7-3: - Mutual Aid and Automatic Aid. Updated. 7-7-4: - Emergency Response Authority. Updated. Establishes the City Manager as the Emergency Manager and Response Authority for the City. Mandates the establishments of a comprehensive emergency management program. .Mandates emergency management training. Recognizes the right to vest emergency management and disaster management planning in an interjurisdictional authority i n conformance with State law. Mandates that all emergency management plans shall be on file with the City Clerk. 7-7-5: - Establishment of Motor Vehicle Routes. Minimal updates. 7-7-6: - Establishment of Fire Lanes explains how fires lanes are designated upon each property. No Change. 7-7-7: Authorization to seek reimbursement of disaster mitigation costs. Complete Change. Authorizes the City to claim reimbursement from the parties or person(s) responsible for causing a disaster within the City including, but not limited to, a hazardous substance incident. 7-7-8: - Vehicle Identification Fees. No Change. 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event. Minimal updates FINANCIAL IMPLICATIONS: N/A ALTERNATIVES: N/A CONCLUSION: N/A ATTACHMENTS: Council Bill #01 Existing version of Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response Proposed updates to Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response Comparison document. Page 502 of 559 Page 1 of 7 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 01 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 7, SECTIONS 1-9 REGARDING PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, Colorado, (“City”), is a home rule municipality, organized and existing under and by virtue of Article XX, Section 6 of the Colorado Constitution, and as such the City has all legislative powers and functions of home rule municipal government as reserved to it by the Colorado Constitution and the laws of the State of Colorado; WHEREAS, the City Council of the City of Englewood recognizes and acknowledges that it is empowered by Article XX, Section 6 of the Colorado Constitution, Section 119 of the Englewood Home Rule Charter, Article 33.5, Part 7 of C.R.S., and Section 31-15-401(1)(b) C.R.S., to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and welfare of the City of Englewood; WHEREAS, Englewood Municipal Code (E.M.C.) Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response, establishes provisions regarding preparation for and response to emergencies that occur within or impact the City of Englewood; and WHEREAS, these amendments to the provisions of Title 7, Chapter 7 of the E.M.C. are intended to establish provisions for the health, safety and welfare of the community, including delegation of emergency response authority to the greatest extent practicable prior to the declaration of any emergency, but nothing within these amendments restricts the City Council’s authority to respond directly to any emergency situation as that body deems necessary and appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1: Amendment of Title 7, Chapter 7. Title 7, Chapter 7, Public Aid, Mutual Aid and Emergency Response, shall be amended as indicated below: 7-7-1: Duty of Citizens to Aid. It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such police officer in the discharge of his duties, and any person who shall fail to render such aid and assistance shall be guilty of a violation of this Code. Page 503 of 559 Page 2 of 7 7-7-2: - Destruction of Property. Fire Protection. When a fire is in progress, the City Manager, or in his absence the highest ranking paid officer in attendance, may order any building or buildings, fences or other structures that are in close proximity to such fire to be torn down, blown up or otherwise disposed of, if he deems it necessary for the purpose of controlling the progress or preventing the spread of such fire. A. Fire suppression services shall be performed in accordance with that Intergovernmental Agreement to Provide Fire Protection entered into by the City of Englewood and the City of Denver, Colorado, effective from June 1, 2015 to December 31, 2035 (IGA), unless otherwise terminated in accordance with the terms of that agreement. B. Fire prevention services, including without limitation the enforcement of Englewood’s Building and Fire Codes, periodic fire safety inspections, and issuance of building permits and certificates of occupancy shall be carried out under the direction of the City Manager, and such individual’s designee(s) who shall be the Fire Marshal and Chief Building inspector unless otherwise designated. C. Arson and Fire Investigations shall be performed by the Denver Fire Department. Arson and Fire Investigations will be carried out in conjunction with the Englewood Police Department when any such investigation is suspected to be the result, or is known to be the result of the commission of a criminal act in Englewood. D. Other services identified within the IGA, including both fire related services, dispatch services and emergency medical services, shall be carried out in accordance with the terms of that agreement. 7-7-3: Mutual Aid and Automatic Aid Agreements. The City Council may enter into agreements with other cities, towns, fire protection districts, corporations, or incorporated areas, relating to the mutual and/or automatic exchange of assistance in fighting fires, but the City shall not answer any call which is outside of the City boundary unless such fire is one which is covered by such an agreement for mutual and/or automatic assistance. A. The City Council may enter into such reciprocal aid, mutual aid, joint powers agreements, automatic aid, intergovernmental assistance agreements or other compacts or plans with other governmental entities for the protection of life and property all in accordance with § 79 of the Home Rule Charter. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services. B. The City Council may exercise such powers and functions as they deem necessary and appropriate to enable the timely and effective use of all available City resources to prepare for, respond to, and recover from a declared local public health emergency, including delegation of specific authority to the City Manager to address exigencies arising out of a declared emergency or disaster, or waiving compliance with time-consuming procedures and formalities prescribed by local law to address specifically identified harms arising out of a publicly declared emergency or disaster. Page 504 of 559 Page 3 of 7 7-7-4: Emergency Response Authority. A. The Englewood City Council recognizes and acknowledges that it is empowered by Article XX, Section 6 of the Colorado Constitution, Section 119 of the Englewood Home Rule Charter, Article 33.5, Part 7 of C.R.S., and Section 31-15-401(1)(b) C.R.S., to do all acts and make all regulations which may be necessary or expedient for the promotion of the public health, safety and welfare of the City of Englewood. This Title 7, Chapter 7 of the E.M.C. is intended to delegate emergency response authority to the greatest extent practicable prior to the declaration of any emergency, but nothing herein restricts the City Council’s authority to respond directly to any emergency situation as that body deems necessary and appropriate. B. The Emergency Manager and Response Authority for the City shall be the City Manager, or such individual’s designee. It is understood that any such designee to whom the City Manager delegates emergency management authority will be that individual most appropriate for the identified type of emergency. who shall exercise continuing supervisory authority for the cleanup and removal of the hazardous substance involved in a hazardous substance incident. The City Manager, or such individual’s designee, shall notify the State Office of Emergency Management of the manner in which the City is providing or securing disaster preparedness, prevention, mitigation, response, and recovery services, and all other necessary information. C. The City shall establish a comprehensive emergency management program in order to prevent, prepare for, respond to, mitigate and recover from emergencies that may arise in the City. Such program may be established through a local or interjurisdictional emergency management agency all in conformance with C.R.S. 24-33.5-707. An emergency management program for the City should include, at minimum: 1. Preparation and adoption of an Emergency Operations Plan, which is regularly updated; 2. Development and implementation of a Continuity of Operations Plan; 3. Ability to coordinate training for all city personnel in or through an adopted Emergency Operations Plan and required National Incident Management Systems (NIMS) courses; 4. Plan to coordinate communications in the event of an emergency; 5. Plan to manage incident response, including assignment of trained personnel to appropriate roles in the incident command structure; 6. Plan to interface with appropriate regional, state, and federal agencies; 7. Plan for providing regular, complete reports to the City Council, City Administration and the community. 8. Annually review and adopt the Arapahoe County Disaster Mitigation Plan. D. The City Council shall be advised regarding the Emergency Operations Plan and Continuity of Operations Plan whenever such Plans are updated. A copy of any Plans adopted by the City, including any documents adopted as part of an interjurisdictional emergency management agreement, disaster management plan or a local plan adopted by the City Council, shall be on file with the City Clerk’s Office and available to the public during regular business hours. E. The local or interjurisdictional emergency management agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete Page 505 of 559 Page 4 of 7 statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command. F. The City Council, and all staff identified by the City Manager, shall participate in NIMS training courses, and any other identified emergency preparation training, prior to participation in carrying out the Emergency Operations Plan and Continuity of Operations Plan. Completion of this training may be a term of employment. 7-7-5: Establishment of Motor Vehicle Routes. For vehicles transporting explosives, blasting agents, hazardous chemicals or other dangerous articles, The routes for vehicles transporting explosives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: Santa Fe Drive U.S. Highway 285, exclusively between the hours commencing at ten (10:00) p.m. and ending at six (6:00) a.m. All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in their possession showing the point of origin and destination of the vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in this Section. It is a violation of this Section to fail to produce such documentation to an officer of Englewood Police Officer upon request. and it shall also be It is a violation of this section for a vehicle as described within this section to be on a route other than as set forth herein without said documentation in the possession of the driver. 7-7-6: - Establishment of Fire Lanes. A. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of fire vehicles for the protection of persons and property, such as, but not limited to, shopping centers, bowling establishments, theaters, hospitals, schools, churches and other similar location where firefighting apparatus and equipment cannot be used effectively from public accessways. B. The City Manager or designee shall establish said fire lanes on premises heretofore set out by filing a plat of said private premises in the City, specifically designating thereon the width and route of such fire lanes as shall be essential for the necessary ingress, egress and movement of fire equipment and apparatus within and upon said private premises. C. Upon filing the approval plat designating the necessary fire lanes and widths thereon with the City, as provided herein, the City Manager or designee shall forthwith deliver a copy of the same to the owner, operator, tenant or lessee in possession of said private property with written notice, and order to proceed to make and post said fire lanes in conformance with the International Fire Code. Within forty-five (45) days after notice, or such additional time as not to exceed forty-five (45) additional days, the owner, operator, tenant or lessee in possession shall complete the necessary marking and signing as required herein. D. All signs must meet the R7 series sign criteria set forth in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Striping, red in color, must be placed along the entire length of the fire lane. When no curb is available, the red stripe should be placed directly on the private roadway. When curbing is available, the red stripe is placed on the Page 506 of 559 Page 5 of 7 curb face and top of curb. The use of striping for fire lane markings is limited to private roadways only. Striping is not permitted for use on public roadways, except through written authorization from the Director of Public Works. E. Failure of the owner, operator, tenant or lessee in possession to comply with the requirement as set out in subsection C hereof shall be considered to be a violation of this Code and may subject the owner, operator, tenant or lessee in possession to the penalties prescribed in the Englewood Municipal Code. F. The owner, operator, tenant or lessee in possession may appeal the order of the City Manager as provided in this Article. G. Appeals. When it is claimed that the provisions of this Article do not apply in the manner in which the City Manager determines, or when it is claimed that the true intent and meaning of this Article have been misconstrued or wrongly interpreted by the City Manager, any owner of property aggrieved thereby may appeal from the decision of the City Manager or designee to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the City Manager and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the City Manager by this Article. 7-7-7: - Emergency Medical Transport Fees. Authorization to seek reimbursement of disaster mitigation costs. A. A fee shall be charged for any person transported by the Englewood Fire Division. The fee established shall be the usual and customary charge for such service in this community. B. "Transport" shall mean the actual physical transport from one place in or near the City to another place by the use of transport equipment of the City of Englewood. C. The City Manager shall cause to have promulgated in writing reasonable billing and collection procedures. D. An ambulance billing review panel, consisting of members of the community and City staff, shall be established by the City Manager to hear appeals and protests, and to make adjustments to transport fee billings when deemed reasonable and appropriate. Unless otherwise determined, failure to pay the fee established shall constitute a violation of this Section. E. The effective date for implementation of this Section will be January 1, 1995. The City is hereby authorized to claim reimbursement from the parties or person(s) responsible for causing a disaster within the City including, but not limited to, a hazardous substance incident. Reimbursement shall be for the reasonable and documented costs resulting from action taken to remove, contain, or otherwise mitigate the effects of such incident not including costs necessary to extinguish a fire. 7-7-8: - Vehicle Identification Fees. A. A fee shall be charged by the City for the service of conducting certified and noncertified inspections of vehicle identification numbers. The fee shall be set by Council resolution. B. The Police Department shall establish a policy for checking vehicle identification numbers. Page 507 of 559 Page 6 of 7 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event. A. After designating an event an emergency, the City Council of the City of Englewood, Colorado may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to repair and renovate residential, commercial, and public structures damaged by the designated emergency. B. After recognizing a specifically identified danger or harm within the community, the City Council may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to expedite repair and renovateion of residential, commercial, and public structures as identified. C. After an action of the City Council, as described in subsection A or B above, the Chief Building Official shall establish a fee waiver form (waiver) that any owner or owner's agent shall complete and submit at the time of submission of a permit application or plan review. Such waiver, and any supplemental documentation deemed necessary, shall provide information verifying that the permit, or plan review, is being obtained in association with the repair and renovation of structures damaged by the designated emergency event. D. Nothing herein shall be interpreted or construed as a waiver of the requirement to obtain all permits and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C. Title 1, Chapter 2, Savings Clause apply to the interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. 1-4-1 mandates that except as otherwise provided within specific Titles, Chapters or Sections of the E.M.C., the violation of any provision of the E.M.C. shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or both. Safety Clauses. The Englewood City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Englewood City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 4th day of January, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of January, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. Page 508 of 559 Page 7 of 7 Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of January, 2021. Stephanie Carlile Page 509 of 559 C U R R E N T V E R S I O N / T I T L E 7 / C H A P T E R 7 P a g e 1 | 3 Chapter 7 - PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE 7-7-1: - Duty of Citizens to Aid. It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such police officer in the discharge of his duties, and a ny person who shall fail to render such aid and assistance shall be guilty of a violation of this Code. (Code 1985, § 7-7-1) 7-7-2: - Destruction of Property. When a fire is in progress, the City Manager, or in his absence the highest ranking paid offic er in attendance, may order any building or buildings, fences or other structures that are in close proximity to such fire to be torn down, blown up or otherwise disposed of, if he deems it necessary for the purpose of controlling the progress or preventing the spread of such fire. (Code 1985, § 7-7-2; Ord. 00-7) 7-7-3: - Mutual Aid and Automatic Aid Agreements. The City Council may enter into agreements with other cities, towns, fire protection districts, corporations, or incorporated areas, relating to the mutual and/or automatic exchange of assistance in fighting fires, but the City shall not answer any call which is outside of the City boundary unless such fire is one which is covered by such an agreement for mutual and/or automatic assistance. (Code 1985, § 7-7-3; Ord. 00-7) 7-7-4: - Emergency Response Authority. A. The Emergency Response Authority for the City shall be the City Manager or designee who shall exercise continuing supervisory authority for the cleanup and removal of the hazardous substance involved in a hazardous substance incident. B. The City is hereby authorized to claim reimbursement from the parties or person responsible for a hazardous substance incident for the reasonable and documented costs resulting from action taken to remove, contain, or otherwise mitigate the effects of such incident no t including costs necessary to extinguish a fire. (Code 1985, § 7-7-4; Ord. 00-7) 7-7-5: - Establishment of Motor Vehicle Routes. For vehicles transporting explosives, blasting agents, hazardous chemicals or other dangerous articles, the routes for vehicles transporting explosives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: Santa Fe Drive U.S. Highway 285, exclusively between the hours commencing at ten (10:00) p.m. and ending at six (6:00) a.m. Page 510 of 559 C U R R E N T V E R S I O N / T I T L E 7 / C H A P T E R 7 P a g e 2 | 3 All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in their possession showing the point of origin and destination of the vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in this Section. It is a violation of this Section to fail to produce such documentation to an officer of Englewood and it shall also be a violation to be on a route other than as set forth herein without said documentation. (Code 1985, § 7-7-5; Ord. 00-7) 7-7-6: - Establishment of Fire Lanes. A. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of fire vehicles for the protection of persons and property, such as, but not limited to, shopping centers, bowling establishments, theaters, hospitals, schools, churches and other similar location where firefighting apparatus and equipment cannot be used effectively from public accessways. B. The City Manager or designee shall establish said fire lanes on premises heretofore set out by filing a plat of said private premises in the City, specifically designating thereon the width and route of such fire lanes as shall be essential for the necessary ingress, egress and movement of fire equipment and apparatus within and upon said private premises. C. Upon filing the approval plat designating the necessary fire lanes and widths thereon with the City, as provided herein, the City Manager or designee shall forthwith deliver a copy of the same to the owner, operator, tenant or lessee in possession of said private property with written notice, and order to proceed to make and post said fire lanes in conformance with the Manual and Specifications of the State Department of Highways. Within forty-five (45) days after notice, or such additional time as not to exceed forty-five (45) additional days, the owner, operator, tenant or lessee in possession shall complete the necessary marking and signing as required herein. D. Failure of the owner, operator, tenant or lessee in possession to comply with the requirement as set out in subsection C hereof shall be considered to be a violation of this Code and may subject the owner, operator, tenant or lessee in possession to the penalties prescribed in the Englewood Municipal Code. E. The owner, operator, tenant or lessee in possession may appeal the order of the City Manager as provided in this Article. F. Appeals. When it is claimed that the provisions of this Article do not apply in the manner in which the City Manager determines, or when it is claimed that the true intent and meaning of this Article have been misconstrued or wrongly interpreted by the City Manager, any owner of property aggrieved thereby may appeal from the decision of the City Manager or designee to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the City Manager and render a final and binding decision t hereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the City Manager by this Article. (Code 1985, § 7-7-6; Ord. 00-7; Ord. 00-76) 7-7-7: - Emergency Medical Transport Fees. A. A fee shall be charged for any person transported by the Englewood Fire Division. The fee established shall be the usual and customary charge for such service in this community. B. "Transport" shall mean the actual physical transport from one place in or near the City to another place by the use of transport equipment of the City of Englewood. Page 511 of 559 C U R R E N T V E R S I O N / T I T L E 7 / C H A P T E R 7 P a g e 3 | 3 C. The City Manager shall cause to have promulgated in writing reasonable billing and collection procedures. D. An ambulance billing review panel, consisting of members of the community and City staff, shall be established by the City Manager to hear appeals and protests, and to make adjustments to transport fee billings when deemed reasonable and appropriate. Unless otherwise determined, failure to pay the fee established shall constitute a violation of this Section. E. The effective date for implementation of this Section will be January 1, 1995. (Code 1985, § 1-6G-10; Ord. 00-7; Ord. 11-20, § 1) Editor's note— Ord. No. 00-7, § 11, adopted March 6, 2000 renumbered former section 1-6G- 10 as new section 7-7-7. 7-7-8: - Vehicle Identification Fees. A. A fee shall be charged by the City for the service of conducting certified and noncertified inspections of vehicle identification numbers. The fee shall be set by Council resolution. B. The Police Department shall establish a policy for checking vehicle identification numbers. (Code 1985, § 1-6G-11; Ord. 00-7; Ord. 08-5, § 3) Editor's note— Ord. No. 00-7, § 12, adopted March 6, 2000, renumbered former section 1-6G- 11 as new section 7-7-8. 7-7-9: - [Waiver of Permit Fees After Designation of an Emergency Event.] A. After designating an event an emergency, the City Council of the City of Englewood, Colorado may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to repair and renovate residential, commercial, and public structures damaged by the designated emergency. B. After recognizing a specifically identified danger or harm within the community, the City Council may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to repair and renovate residential, commercial, and public structures as identified. C. After an action of the City Council, as described in subsection A or B above, the Chief Building Official shall establish a fee waiver form (waiver) that any owner or owner's agent shall complete and submit at the time of submission of a permit application or plan review. Such waiver, and any supplemental documentation deemed necessary, shall provide information verifying th at the permit, or plan review, is being obtained in association with the repair and renovation of structures damaged by the designated emergency event. D. Nothing herein shall be interpreted or construed as a waiver of the requirement to obtain all permi ts and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. (Ord. 22-18 , § 1) Page 512 of 559 D R A F T U P D A T E D V E R S I O N /T I T L E 7 / C H A P T E R 7 P a g e 1 | 4 Chapter 7 - PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE 7-7-1: Duty of Citizens to Aid. It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such police officer in the discharge of his duties, and any person who shall fail to render such aid and assistance shall be guilty of a violation of this Code. (Code 1985, § 7-7-1) 7-7-2: Fire Protection. A. Fire suppression services shall be performed in accordance with that Intergovernmental Agreement to Provide Fire Protection entered into by the City of Englewood and the City of Denver, Colorado, effective from June 1, 2015 to December 31, 2035 (IGA), unless otherwise terminated in accordance with the terms of that agreement. B. Fire prevention services, including without limitation the enforcement of Englewood’s Building and Fire Codes, periodic fire safety inspections, and issuance of building permits and certificates of occupancy shall be carried out under the direction of the City Manager or such individual’s designee(s) who shall be the Fire Marshal and Chief Building inspector unless otherwise designated. C. Arson and Fire Investigations shall be performed by the Denver Fire Department. Arson and Fire Investigations will be carried out in conjunction with the Englewood Police Department when any such investigation is suspected to be the result, or is known to be the result of the commission of a criminal act in Englewood. D. Other services identified within the IGA, including both fire related services, dispatch services and emergency medical services, shall be carried out in accordance with the terms of that agreement. 7-7-3: Mutual Aid and Automatic Aid Agreements. A. The City Council may enter into such reciprocal aid, mutual aid, joint powers agreements, automatic aid, intergovernmental assistance agreements or other compacts or plans with other governmental entities for the protection of life and property all in accordance with § 79 of the Home Rule Charter. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services. B. The City Council may exercise such powers and functions as they deem necessary and appropriate to enable the timely and effective use of all available City resources to prepare for, respond to, and recover from a declared local public health emergency, including delegation of specific authority to the City Manager to address exigencies arising out of a declared emergency or disaster, or waiving compliance with time-consuming procedures and formalities prescribed by local law to address specifically identified harms arising out of a publicly declared emergency or disaster. 7-7-4: Emergency Response Authority. A. The Emergency Manager and Response Authority for the City shall be the City Manager, or such individual’s designee. It is understood that any such designee to whom the City Manager delegates emergency management authority will be that individual most appropriate for the identified type of emergency. The City Manager, or such individual’s designee, shall notify the State Office of Emergency Management of the manner in which the City is providing or securing disaster preparedness, prevention, mitigation, response, and recovery services, and all other necessary information. Page 513 of 559 D R A F T U P D A T E D V E R S I O N /T I T L E 7 / C H A P T E R 7 P a g e 2 | 4 B. The City shall establish a comprehensive emergency management program in order to prevent, prepare for, respond to, mitigate and recover from emergencies that may arise in the City. Such program may be established through a local or interjurisdictional emergency management agency all in conformance with C.R.S. 24-33.5-707. An emergency management program for the City should include, at a minimum: 1. Preparation and adoption of an Emergency Operations Plan, which is regularly updated; 2. Development and implementation of a Continuity of Operations Plan; 3. Ability to coordinate training for all city personnel in or through an adopted Emergency Operations Plan and required National Incident Management Systems (NIMS) courses; 4. Plan to coordinate communications in the event of an emergency; 5. Plan to manage incident response, including assignment of trained personnel to appropriate roles in the incident command structure; 6. Plan to interface with appropriate regional, state, and federal agencies; 7. Plan for providing regular, complete reports to the City Council, City Administration and the community. 8. Annually review and adopt the Arapahoe County Disaster Mitigation Plan. C. The City Council shall be advised regarding the Emergency Operations Plan and Continuity of Operations Plan whenever such Plans are updated. A copy of any Plans adopted by the City, including any documents adopted as part of an interjurisdictional emergency management agreement, disaster management plan or a local plan adopted by the City Council, shall be on file with the City Clerk’s Office and available to the public during regular business hours. D. The local or interjurisdictional emergency management agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command. E.. The City Council, and all staff identified by the City Manager, shall participate in NIMS training courses, and any other identified emergency preparation training, prior to participation in carrying out the Emergency Operations Plan and Continuity of Operations Plan. Completion of this training may be a term of employment. 7-7-5: Establishment of Motor Vehicle Routes. The routes for vehicles transporting explosives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: Santa Fe Drive U.S. Highway 285, exclusively between the hours commencing at ten (10:00) p.m. and ending at six (6:00) a.m. All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in their possession showing the point of origin and destination of the vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in this Section. It is a violation of this Section to fail to produce such documentation to an officer of Englewood Police Officer upon request. It is a violation Page 514 of 559 D R A F T U P D A T E D V E R S I O N /T I T L E 7 / C H A P T E R 7 P a g e 3 | 4 of this section for a vehicle as described within this section to be on a route other than as set forth herein without said documentation in the possession of the driver. (Code 1985, § 7-7-5; Ord. 00-7) 7-7-6: - Establishment of Fire Lanes. A. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of fire vehicles for the protection of persons and property, such as, but not limited to, shopping centers, bowling establishments, theaters, hospitals, schools, churches and other similar location where firefighting apparatus and equipment cannot be used effectively from public accessways. B. The City Manager or designee shall establish said fire lanes on premises heretofore set out by filing a plat of said private premises in the City, specifically designating thereon the width and route of such fire lanes as shall be essential for the necessary ingress, egress and movement of fire equipment and apparatus within and upon said private premises. C. Upon filing the approval plat designating the necessary fire lanes and widths thereon with the City, as provided herein, the City Manager or designee shall forthwith deliver a copy of the same to the owner, operator, tenant or lessee in possession of said private property with written notice, and order to proceed to make and post said fire lanes in conformance with the International Fire Code. Within forty-five (45) days after notice, or such additional time as not to exceed forty-five (45) additional days, the owner, operator, tenant or lessee in possession shall complete the necessary marking and signing as required herein. D. All signs must meet the R7 series sign criteria set forth in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Striping, red in color, must be placed along the entire length of the fire lane. When no curb is available, the red stripe should be placed directly on the private roadway. When curbing is available, the red stripe is placed on the curb face and top of curb. The use of striping for fire lane markings is limited to private roadways only. Striping is not permitted for use on public roadways, except through written authorization from the Director of Public Works. E. Failure of the owner, operator, tenant or lessee in possession to comply with the requirement as set out in subsection C hereof shall be considered to be a violation of this Code and may subject the owner, operator, tenant or lessee in possession to the penalties prescribed in the Englewood Municipal Code. F. The owner, operator, tenant or lessee in possession may appeal the order of the City Manager as provided in this Article. G. Appeals. When it is claimed that the provisions of this Article do not apply in the manner in which the City Manager determines, or when it is claimed that the true intent and meaning of this Article have been misconstrued or wrongly interpreted by the City Manager, any owner of property aggrieved thereby may appeal from the decision of the City Manager or designee to the Englewood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the City Manager and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the City Manager by this Article. (Code 1985, § 7-7-6; Ord. 00-7; Ord. 00-76) 7-7-7: Authorization to seek reimbursement of disaster mitigation costs. Page 515 of 559 D R A F T U P D A T E D V E R S I O N /T I T L E 7 / C H A P T E R 7 P a g e 4 | 4 The City is hereby authorized to claim reimbursement from the parties or person(s) responsible for causing a disaster within the City including, but not limited to, a hazardous substance incident. Reimbursement shall be for the reasonable and documented costs resulting from action taken to remove, contain, or otherwise mitigate the effects of such incident not including costs necessary to extinguish a fire. 7-7-8: - Vehicle Identification Fees. A. A fee shall be charged by the City for the service of conducting certified and noncertified inspections of vehicle identification numbers. The fee shall be set by Council resolution. B. The Police Department shall establish a policy for checking vehicle identification numbers. 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event. A. After designating an event an emergency, the City Council of the City of Englewood, Colorado may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to repair and renovate residential, commercial, and public structures damaged by the designated emergency. B. After recognizing a specifically identified danger or harm within the community, the City Council may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to expedite repair and renovateion of residential, commercial, and public structures as identified. C. After an action of the City Council, as described in subsection A or B above, the Chief Building Official shall establish a fee waiver form (waiver) that any owner or owner's agent shall complete and submit at the time of submission of a permit application or plan review. Such waiver, and any supplemental documentation deemed necessary, shall provide information verifying that the permit, or plan review, is being obtained in association with the repair and renovation of structures damaged by the designated emergency event. D. Nothing herein shall be interpreted or construed as a waiver of the requirement to obtain all permits and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. (Ord. 22-18 , § 1) Page 516 of 559 C O M P A R I S O N D O C U M E N T P a g e 1 | 5 Chapter 7 - PUBLIC AID, MUTUAL AID AND EMERGENCY RESPONSE 7-7-1: Duty of Citizens to Aid. It shall be the duty of all persons, when called upon by any police officer, to promptly aid and assist such police officer in the discharge of his duties, and any person who shall fail to render such aid and assistance shall be guilty of a violation of this Code. (Code 1985, § 7-7-1) 7-7-2: - Destruction of Property. When a fire is in progress, the City Manager, or in his absence the highest ranking paid officer in attendance, may order any building or buildings, fences or other structures that are in close proximity to such fire to be torn down, blown up or otherwise disposed of, if he deems it necessary for the purpose of controlling the progress or preventing the spread of such fire. Fire Protection. A. Fire suppression services shall be performed in accordance with that Intergovernmental Agreement to Provide Fire Protection entered into by the City of Englewood and the City of Denver, Colorado, effective from June 1, 2015 to December 31, 2035 (IGA), unless otherwise terminated in accordance with the terms of that agreement. B. Fire prevention services, including without limitation the enforcement of Englewood’s Building and Fire Codes, periodic fire safety inspections, and issuance of building permits and certificates of occupancy shall be carried out under the direction of the City Manager, and such individual’s designee(s) who shall be the Fire Marshal and Chief Building inspector unless otherwise designated. C. Arson and Fire Investigations shall be performed by the Denver Fire Department. Arson and Fire Investigations will be carried out in conjunction with the Englewood Police Department when any such investigation is suspected to be the result, or is known to be the result of the commission of a criminal act in Englewood. D. Other services identified within the IGA, including both fire related services, dispatch services and emergency medical services, shall be carried out in accordance with the terms of that agreement. 7-7-3: Mutual Aid and Automatic Aid Agreements. The City Council may enter into agreements with other cities, towns, fire protection districts, corporations, or incorporated areas, relating to the mutual and/or automatic exchange of assistance in fighting fires, but the City shall not answer any call which is outside of the City boundary unless such fire is one which is covered by such an agreement for mutual and/or automatic assistance. (Code 1985, § 7-7-3; Ord. 00-7) A. The City Council may enter into such reciprocal aid, mutual aid, joint powers agreements, automatic aid, intergovernmental assistance agreements or other compacts or plans with other governmental entities for the protection of life and property all in accordance with § 79 of the Home Rule Charter. Such agreements may include the furnishing or exchange of supplies, equipment, facilities, personnel and/or services. B. The City Council may exercise such powers and functions as they deem necessary and appropriate to enable the timely and effective use of all available City resources to prepare for, respond to, and Page 517 of 559 C O M P A R I S O N D O C U M E N T P a g e 2 | 5 recover from a declared local public health emergency, including delegation of specific authority to the City Manager to address exigencies arising out of a declared emergency or disaster, or waiving compliance with time-consuming procedures and formalities prescribed by local law to address specifically identified harms arising out of a publicly declared emergency or disaster . 7-7-4: Emergency Response Authority. A. The Emergency Manager and Response Authority for the City shall be the City Manager, or such individual’s designee. It is understood that any such designee to whom the City Manager delegates emergency management authority will be that individual most appropriate for the identified type of emergency. who shall exercise continuing supervisory authority for the cleanup and removal of the hazardous substance involved in a hazardous substance incident. The City Manager, or such individual’s designee, shall notify the State Office of Emergency Management of the manner in which the City is providing or securing disaster preparedness, prevention, mitigation, response, and recovery services, and all other necessary information. B. The City shall establish a comprehensive emergency management program in order to prevent, prepare for, respond to, mitigate and recover from emergencies that may arise in the City. Such program may be established through a local or interjurisdictional emergency management agency all in conformance with C.R.S. 24-33.5-707. An emergency management program for the City should include, at a minimum: 1. Preparation and adoption of an Emergency Operations Plan, which is regularly updated; 2. Development and implementation of a Continuity of Operations Plan; 3. Ability to coordinate training for all city personnel in or through an adopted Emergency Operations Plan and required National Incident Management Systems (NIMS) courses; 4. Plan to coordinate communications in the event of an emergency; 5. Plan to manage incident response, including assignment of trained personnel to appropriate roles in the incident command structure; 6. Plan to interface with appropriate regional, state, and federal agencies; 7. Plan for providing regular, complete reports to the City Council, City Administration and the community. 8. Annually review and adopt the Arapahoe County Disaster Mitigation Plan. C. The City Council shall be advised regarding the Emergency Operations Plan and Continuity of Operations Plan whenever such Plans are updated. A copy of any Plans adopted by the City, including any documents adopted as part of an interjurisdictional emergency management agreement, disaster management plan or a local plan adopted by the City Council, shall be on file with the City Clerk’s Office and available to the public during regular business hours. D. The local or interjurisdictional emergency management agency, as the case may be, shall prepare and distribute to all appropriate officials in written form a clear and complete statement of the emergency responsibilities of all local agencies and officials and of the disaster chain of command. E.. The City Council, and all staff identified by the City Manager, shall participate in NIMS training courses, and any other identified emergency preparation training, prior to participation in carrying out the Emergency Operations Plan and Continuity of Operations Plan. Completion of this training may be a term of employment. Page 518 of 559 C O M P A R I S O N D O C U M E N T P a g e 3 | 5 7-7-5: Establishment of Motor Vehicle Routes. For vehicles transporting explosives, blasting agents, hazardous chemicals or other dangerous articles, The routes for vehicles transporting explosives, blasting agents, dangerous chemicals or other dangerous articles are hereby established as follows: Santa Fe Drive U.S. Highway 285, exclusively between the hours commencing at ten (10:00) p.m. and ending at six (6:00) a.m. All operators of vehicles transporting explosives, blasting agents, hazardous/dangerous chemicals or other hazardous/dangerous articles on a route other than as set forth in this Section shall have documentation in their possession showing the point of origin and destination of the vehicle and its contents in sufficient detail to justify the use of a route other than as set forth in this Section. It is a violation of this Section to fail to produce such documentation to an officer of Englewood Police Officer upon request. and it shall also be It is a violation of this section for a vehicle as described within this section to be on a route other than as set forth herein without said documentation in the possession of the driver. (Code 1985, § 7-7-5; Ord. 00-7) 7-7-6: - Establishment of Fire Lanes. A. Fire lanes shall be established on private property devoted to public use where the parking of motor vehicles or other obstructions may interfere with the ingress and egress of fire vehicles for the protection of persons and property, such as, but not limited to, shopping centers, bowling establishments, theaters, hospitals, schools, churches and other similar location where firefighting apparatus and equipment cannot be used effectively from public accessways. B. The City Manager or designee shall establish said fire lanes on premises heretofore set out by filing a plat of said private premises in the City, specifically designating thereon the width and route of such fire lanes as shall be essential for the necessary ingress, egress and movement of fire equipment and apparatus within and upon said private premises. C. Upon filing the approval plat designating the necessary fire lanes and widths thereon with the City, as provided herein, the City Manager or designee shall forthwith deliver a copy of the same to the owner, operator, tenant or lessee in possession of said private property with written notice, and order to proceed to make and post said fire lanes in conformance with the International Fire Code. Within forty-five (45) days after notice, or such additional time as not to exceed forty-five (45) additional days, the owner, operator, tenant or lessee in possession shall complete the necessary marking and signing as required herein. D. All signs must meet the R7 series sign criteria set forth in the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Striping, red in color, must be placed along the entire length of the fire lane. When no curb is available, the red stripe should be placed directly on the private roadway. When curbing is available, the red stripe is placed on the curb face and top of curb. The use of striping for fire lane markings is limited to private roadways only. Striping is not permitted for use on public roadways, except through written authorization from the Director of Public Works. E. Failure of the owner, operator, tenant or lessee in possession to comply with the requirement as set out in subsection C hereof shall be considered to be a violation of this Code and may subject the owner, operator, tenant or lessee in possession to the penalties prescribed in the Englewood Municipal Code. Page 519 of 559 C O M P A R I S O N D O C U M E N T P a g e 4 | 5 F. The owner, operator, tenant or lessee in possession may appeal the order of the City Manager as provided in this Article. G. Appeals. When it is claimed that the provisions of this Article do not apply in the manner in which the City Manager determines, or when it is claimed that the true intent and meaning of this Article have been misconstrued or wrongly interpreted by the City Manager, any owner of property aggrieved thereby may appeal from the decision of the City Manager or designee to the Engle wood Board of Adjustment and Appeals within thirty (30) days from the date of the decision appealed, which Board shall review the decision of the City Manager and render a final and binding decision thereupon. In considering such appeals, the Englewood Board of Adjustment and Appeals shall have the powers granted to the City Manager by this Article. (Code 1985, § 7-7-6; Ord. 00-7; Ord. 00-76) 7-7-7: - Emergency Medical Transport Fees. Authorization to seek reimbursement of disaster mitigation costs. A. A fee shall be charged for any person transported by the Englewood Fire Division. The fee established shall be the usual and customary charge for such service in this community. B. "Transport" shall mean the actual physical transport from one place in or near the City to another place by the use of transport equipment of the City of Englewood. C. The City Manager shall cause to have promulgated in writing reasonable billing and collection procedures. D. An ambulance billing review panel, consisting of members of the community and City staff, shall be established by the City Manager to hear appeals and protests, and to make adjustments to transport fee billings when deemed reasonable and appropriate. Unless otherwise determined, failure to pay the fee established shall constitute a violation of this Section. E. The effective date for implementation of this Section will be January 1, 1995. The City is hereby authorized to claim reimbursement from the parties or person(s) responsible for causing a disaster within the City including, but not limited to, a hazardous substance incident. Reimbursement shall be for the reasonable and documented costs resulting from action taken to remove, contain, or otherwise mitigate the effects of such incident not including costs necessary to extinguish a fire. 7-7-8: - Vehicle Identification Fees. A. A fee shall be charged by the City for the service of conducting certified and noncertified inspections of vehicle identification numbers. The fee shall be set by Council resolution. B. The Police Department shall establish a policy for checking vehicle identification numbers. 7-7-9: - Waiver of Permit Fees After Designation of an Emergency Event. A. After designating an event an emergency, the City Council of the City of Englewood, Colorado may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to repair and renovate residential, commercial, and public structures damaged by the designated emergency. Page 520 of 559 C O M P A R I S O N D O C U M E N T P a g e 5 | 5 B. After recognizing a specifically identified danger or harm within the community, the City Council may authorize, by regular motion, waiver of building, electrical, mechanical and plumbing permit fees, or plan review costs, to expedite repair and renovateion of residential, commercial, and public structures as identified. C. After an action of the City Council, as described in subsection A or B above, the Chief Building Official shall establish a fee waiver form (waiver) that any owner or owner's agent shall complete and submit at the time of submission of a permit application or plan review. Such waiver, and any supplemental documentation deemed necessary, shall provide information verifying that the permit, or plan review, is being obtained in association with the repair and renovation of structures damaged by the designated emergency event. D. Nothing herein shall be interpreted or construed as a waiver of the requirement to obtain all permits and plan reviews mandated by the Construction and Safety Codes and the Unified Development Code adopted by the City of Englewood. (Ord. 22-18 , § 1) Page 521 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: January 4, 2021 SUBJECT: Code of Ethics for the City of Englewood. DESCRIPTION: CB 02 - Council Rules and Policies updates: Ethics, Recusal and Financial Conflicts of Interest RECOMMENDATION: Staff recommends the City Council approve a council bill updating Code of Ethics. PREVIOUS COUNCIL ACTION: The City Council has reviewed and discussed the City's Code of Ethics on numerous occasions, including: • At the Study Session Meeting of October 12, 2020 the City Council discussed proposed updates to the City's Code of Ethics. • At the Study Session Meeting of September 16, 2019 the City Council discussed proposed updates to the City's Code of Ethics as part of the Council Policies discussion. • At the Study Session Meeting of June 10, 2019 the City Council discussed proposed updates to the City's Code of Ethics as part of the Council Policies discussion. • At the Study Session Meeting of May 6, 2019 the City Council discussed proposed updates to the City's Code of Ethics as part of the Council Policies discussion. The City Council adopted Resolution No. 86, Series of 2006 on December 4, 2006. SUMMARY: Colorado Constitution Article XXIX provides for a Constitutional code of ethics that broadly covers both State and local governmental employees. Section 7 provides that any home rule municipality may adopt a resolution, ordinance or charter provision that addresses the matters covered by this Article. On December 4, 2006, the City of Englewood adopted Resolution No. 86, Series of 2006. That Resolution set forth the City of Englewood's Policy concerning ethics and receiving gifts and gratuities, and was made applicable to all members of the City Council, Boards and Commissions, and city employees. ANALYSIS: Resolution No. 86, Series of 2006 met the Constitutional mandates of Article XXIX, Section 7, and allowed the City to establish local rules of ethics appropriate for the City. Subsequent to that time questions regarding such matters as fiduciary interests, public interests, appearances of impropriety and other matters not clearly addressed in Resolution 86-06 have arisen. To Page 522 of 559 assure a standardized response to such questions the City Council directed the City Attorney's Office to develop a more comprehensive Code of Ethics. 1-11-1: PURPOSE AND AUTHORITY sets forth the legal mandate and the legal scope of the Code. 1-11-2: PUBLIC TRUST; FIDUCIARY DUTY sets forth the duty of all representatives of the City to uphold the public trust. 1-11-3: DEFINITIONS defines and clarifies matters covered within the Code. 1-11-4: RULES OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY EMPLOYEES sets forth directives for city council members and city employees. 1-11-5: RULES OF CONDUCT FOR BOARD MEMBERS provides specific ethical directives to those who are appointed to volunteer for the city. 1-11-6: GIFTS AND GRATUITIES provides a broad directive against the acceptance of gifts that could be deemed to influence the actions of an individual or department. 1-11-7: APPEARANCES OF IMPROPRIETY DISCOURAGED recognizes that most acts of public servants that cause concern within the community are appearances of impropriety rather than actual violations of a code of ethics. Appearances of impropriety require a significant investment of time to review and explain to interested parties. Therefore, it is necessary that in addition to avoiding actual ethical violations, representatives of the City also recognize and address appearances of impropriety. 1-11-8: DISCLOSURE AND RECUSAL PROCEDURE; CHALLENGES provides standardized procedures for responding to ethical conflicts. 1-11-9: ENFORCEMENT OF ETHICAL VIOLATIONS provides a method for enforcing ethical standards, and specifically states that ethical violations which are not criminal in nature shall not be prosecuted as criminal violations. Criminal acts may be prosecuted as crimes in accordance with applicable law. FINANCIAL IMPLICATIONS: N/A ALTERNATIVES: N/A CONCLUSION: The City Council should review the proposed ordinance and determine if it is a good next step for the City of Englewood. Additionally, if this ordinance is adopted it should be regularly reviewed and updated to meet the needs of the City into the future. ATTACHMENTS: Council Bill #02 Resolution 86, series of 2006. City of Englewood Ethics Policy Draft Ethics Code, EMC Title 1, Chapter 11 Page 523 of 559 Page 1 of 9 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 02 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 1 BY ADOPTING CHAPTER 11, SECTIONS 1-9 REGARDING ESTABLISHMENT OF A CODE OF ETHICS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood, Colorado, (“City”), is a home rule municipality, organized and existing under and by virtue of Article XX, Section 6 of the Colorado Constitution, and as such the City has all legislative powers and functions of home rule municipal government as reserved to it by the Colorado Constitution and the laws of the State of Colorado; WHEREAS, the City Council finds and determines that its regulation of the subject of the ethical conduct of Representative of the City is a matter of local concern upon which the City of Englewood is empowered to legislate and that once adopted these regulations shall supersede within the City of Englewood all conflicting state statutes, including, but not limited to Title 24, Article 18, Colorado Revised Statutes, C.R.S. § 24-6-203; and C.R.S. § 31-4-404; WHEREAS, the provisions of this Code of Ethics are distinct from and in addition to the reporting requirements for candidates for elected position, and do not relieve an incumbent in or elected candidate to public office from reporting financial matters in accordance with State law; and WHEREAS, this Title 1, Chapter 11 shall replace Resolution 86, Series of 2006 which was previously adopted to serve as the Code of Ethics for the City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1: Establishment of Title 1, Chapter 11. Title 1, Chapter 11, Code of Ethics shall be adopted as set forth below: 1-11-1: PURPOSE AND AUTHORITY. A. The City Council finds and determines that its regulation of the subject of the ethical conduct of Representative of the City is a matter of local concern upon which the City of Englewood is empowered to legislate pursuant to the home rule authority granted in Article XX of the Constitution of the State of Colorado. These regulations do not supersede the City Manager’s authority to create more restrictive ethical standards for employees in accordance with Charter §52, but are intended to supersede all conflicting state statutes and local ordinances, including, but not limited to: 1. Title 24, Article 18, Colorado Revised Statutes; 2. C.R.S. § 24-6-203; and 3. C.R.S. § 31-4-404. Page 524 of 559 Page 2 of 9 B. The City Council finds and determines that this chapter addresses the matters covered by Article XXIX of the Constitution of the State of Colorado. Therefore, per Section 7 of said Article XXIX, its provisions do not apply to the City or any Representative of the City and the independent ethics commission created by Section 5 of said Article XXIX has no jurisdiction over any Representative of the City. C. The provisions of this Code of Ethics are distinct from and in addition to the reporting requirements for candidates for elected position, and do not relieve an incumbent in or elected candidate to public office from reporting financial matters in accordance with State law. 1-11-2: PUBLIC TRUST; FIDUCIARY DUTY. The holding of public office or employment is a public trust, and imposes a fiduciary duty upon every representative of the City, including elected officials and City employees. A member of City Council, Board or City employee shall carry out their duties for the benefit of the people of the City in accordance with this Code of Ethics. 1-11-3: DEFINITIONS. As used in this chapter, unless the context otherwise requires: BOARD: Any board, committee, commission, authority or other body appointed by the City Council, whether standing, provisional or temporary. BOARD MEMBER: A member of any board, commission or committee appointed by the City Council, pursuant to the authority vested in the City Council through Charter, ordinance or state law, including both regular and alternate members. Such term does not include or cover any compensated full-time or part-time City employee. BUSINESS: Any corporation, limited liability company, partnership, sole proprietorship, trust or foundation, or other individual or organization providing a service, resource(s) or goods, whether or not operated for profit. COMPENSATION: Any money, thing of value, or economic benefit conferred on or received by any person in exchange for goods or services rendered, whether rendered by himself or another. CONFLICT OF INTEREST (Personal or Private): A a personal right or a pecuniary right or liability that would materially (i.e. not de minimis) affect a Representative of the City’s financial interest, those of such representative’s family members or any business with which the Representative of the City is associated. A Conflict of Interest does not include a public interest. Examples include: (i) A Representative of the City is employed by or consults for a firm that will be directly benefitted by a decision of City Council; (ii) A Representative of the City's spouse or family member owns a share of business that is pursuing a new housing development and needs City Council action to move forward on zoning or licensing; or (iii) A Representative of the City owns an interest in property that the City wishes to purchase. ECONOMIC BENEFIT: An economic benefit tantamount to a gift of substantial value includes, without limitation, a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of such services. Page 525 of 559 Page 3 of 9 EMPLOYEE: Any compensated person in the service of the City who is designated as an employee in the City's personnel policies and procedures, except a member of the City Council, the municipal judge or an independent contractor. FAMILY (FAMILY MEMBER): Family includes any person related to the Representative of the City by one degree of kinship (i.e., parents, siblings, children) by blood or marriage and shall also include spouses, domestic partners, and persons in a civil union regardless of whether the relationship is formally recognized. FIDUCIARY DUTY: A duty to act for the benefit of the City on matters within the scope of one’s position. FINANCIAL INTEREST: A substantial interest held by a Representative of the City, or their spouse, which is: (1) An ownership interest in a business; (2) A creditor interest in an insolvent business; (3) An employment or a prospective employment for which negotiations have begun; (4) An ownership interest in real or personal property; (5) A loan or any other debtor interest; or (6) A directorship or position of corporate officer in a business. GIFT OR GRATUITY: The acceptance by a Representative of the City or Board Member of goods, services or money for his or her own personal benefit offered by a person who is at the same time providing goods or services to the City under a contract or other means of which the Representative of the City or Board Member has a measure of control or decision- making authority, unless the totality of the circumstances attendant to the acceptance of the goods or services indicates that the transaction is legitimate, the terms are fair to both parties, the transaction is supported by full and adequate consideration, and the Representative of the City does not receive any substantial benefit resulting from such person’s official or governmental status that is unavailable to members of the public generally. OFFICIAL ACT OR OFFICIAL ACTION: Any vote, decision, recommendation, approval, disapproval, or other action, including inaction, which involves the use of discretionary authority. PERSON: Any individual or any other legal entity. PUBLIC INTEREST: Something in which the community at large has some interest. Examples include: Interests in general City goals, such as facilitating economic opportunity or protecting the natural environment, are shared with the public and do not cause a conflict of interest even if the Representative of the City may indirectly benefit from these policies. Similarly, a Representative of the City who is the patron of a grocery store or other business does not have a conflict of interest if the business seeks an approval from the City because the Representative of the City's interest as a customer is shared with the public. Living in the City, attending church or having children who attend local schools are further examples of matters of public interest. REPRESENTATIVE OF THE CITY: For purposes of this Chapter a member of the City Council or an employee. THING OF VALUE: Any tangible or intangible thing having a market value. Page 526 of 559 Page 4 of 9 1-11-4: RULES OF CONDUCT FOR CITY COUNCIL MEMBERS AND CITY EMPLOYEES. A. It shall be a breach of a Representative to the City’s fiduciary duty and the public trust to: 1. Disclose or use confidential information acquired in the course of their official duties in order to further substantially a personal financial interest. Confidential or privileged information, including information learned within an executive session, shall not be disclosed except as provided by law. 2. Engage in a substantial financial transaction for a private business purpose with a person who is inspected or supervised by Representative of the City in their capacity as a Representative of the City. 3. Perform an official act directly and substantially providing a direct or indirect economic benefit to/for a business or other undertaking in which they or a family member either have a substantial financial interest or are engaged as counsel, consultant, representative, or agent. B. An employee of the City who has a personal or private interest in any matter associated with such employee’s employment shall disclose such interest to their Department Director and immediate supervisor in writing. Employees shall not provide to any other entity, public or private, the same services for which they are retained by City without written approval from their Department Director. Employees shall not privately provide services to or accept payment from parties in contract with the City or provide services to the City. C. No employee may directly or indirectly supervise his or her family member or work under the line of supervision of any family member. 1-11-5: RULES OF CONDUCT FOR BOARD MEMBERS. A. Commission of any act enumerated in this section is proof that the actor has breached a fiduciary duty. Final determination shall be made by the City Council. That decision is not subject to appeal. B. A member of a board who has a personal or private interest in any matter proposed or pending before the board shall disclose such interest to the board and shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of a board in voting on the matter. C. A member of a board who has an appearance of impropriety in any matter proposed or pending before the board shall disclose such interest and shall either affirm his or her vote will not be influenced by such interest or shall not vote thereon and shall refrain from attempting to influence the decisions of the other members of the board in voting on the matter. 1-11-6: GIFTS AND GRATUITIES. A. Neither a Representative of the City nor a Board Member shall solicit or accept any gift from any person, either directly or indirectly through a spouse or dependent child, which gift the Representative of the City or Board Member knows or which a reasonable person in such person’s position should know, under the circumstances, is either: 1. A gift that would tend to improperly influence that Representative of the City or Board Member to depart from the faithful and impartial discharge of his or her public duties; or Page 527 of 559 Page 5 of 9 2. Is a gift being solicited or given for the primary purpose of rewarding the Representative of the City or Board Member for an official action he or she has taken; B. Rebuttable presumption of ethical violation arising from the acceptance of gift or gratuity. 1. There shall be a rebuttable presumption that a gift to a Representative of the City from a person who has submitted a pending application, or who the Representative of the City knows is considering submitting such an application, to the City for any kind of contract or permit is prohibited. 2. There shall be a rebuttable presumption that a gift to a Board Member from a person who has submitted, or intends to submit, some form of application for contract or permit to the board upon which such Board Member is appointed to serve is prohibited. 3. There shall be a rebuttable presumption that a gift exceeding $50.00, trips outside the jurisdiction for non-work-related purposes, or tickets to an event outside the jurisdiction for a non-work-related purpose is a prohibited gift unless enumerated under subsection (C) below. C. The following gifts shall not be deemed to improperly influence a Representative of the City as described in paragraph (b)(1) or to be an unlawful reward for official action as described in paragraph (b)(2) and shall not be prohibited for that reason, but they shall be subject to the prohibition set forth in paragraph (b)(3): 1. Campaign contributions and contributions in kind as authorized by law; 2. An unsolicited, occasional non-pecuniary gift that is of trivial value not exceeding fifty dollars ($50.00); 3. An unsolicited token or award of appreciation in the form of a plaque, trophy, desk item, wall memento, or similar item; 4. Unsolicited informational material, publications, or subscriptions related to the recipient's performance of official duties; 5. Payment of, or reimbursement for, meals, lodging, travel expenses, and admission for attendance at a convention or other meeting at which the Representative of the City is scheduled to participate; 6. Gifts similarly available to the general public; 7. Educational scholarships, fellowships, and grants (hereafter collectively referred to as "scholarships") awarded by any person, whether such scholarships and grants are awarded to the Representative of the City, or to the Representative of the City's spouse or family member; provided however, the scholarships must be awarded based on merit, or competitive application, or ongoing performance requirements, and they must be awarded on the basis of objective and non-discriminatory criteria; 8. Gifts received pursuant to fundraising activities within the community at large when a Representative of the City or a Representative of the City's spouse or dependent child has special medical or financial needs resulting from an accident, medical condition, or other extraordinary event; 9. Gifts received pursuant to fundraising activities within the community at large when a Representative of the City or a Representative of the City's spouse retires; 10. An occasional, unsolicited opportunity to participate in a business meeting or social function where a meal is served and/or entertainment is provided if the Representative of Page 528 of 559 Page 6 of 9 the City's attendance would not be considered extraordinary when viewed in light of the position held by the Representative of the City; 11. Anything given by an individual who is a relative; 12. Anything given by a personal friend of the recipient and such gift is given for personal reasons, including wedding, birthday, or similar commonly understood reason for gift giving; 13. Any ticket to a sporting, recreational, or cultural event where the Representative of the City's attendance is reasonably related to the official or ceremonial duties of the Representative of the City; 14. Payment for a speech, appearance, or publication with an organization unrelated to the City and not anticipated to enter into a contract with the City; 15. Payment of salary from employment; 16. Anything given as part of an inter-office gift exchange; or 17. Gifts or things of value received by a Representative of the City from the City, or received by a Representative of the City arising from his or her non-City employment and which is unrelated to his or her official City duties. 1-11-7: APPEARANCES OF IMPROPRIETY DISCOURAGED. A. An appearance of impropriety is created when a Representative of the City or Board Member will or may take a direct official action that, although not constituting a conflict of interest, will create a reasonable perception that the Representative of the City or Board Member's ability to carry out his or her official duties with integrity, impartiality, and competency is impaired. As examples only, such appearance may be created in the following circumstances: 1. When the direct official action will involve a close friend, employer, employee, or business associate of the Representative of the City or Board Member. 2. When the Representative of the City or Board Member is a recipient of an official notice of a quasi-judicial hearing due to the Representative of the City or Board Member's ownership or lease of property to be affected by such hearing. 3. When the Representative of the City or Board Member will be called upon to consider taking official action of a quasi-judicial nature and the Representative of the City or Board Member has previously and publicly expressed an opinion, position, or bias regarding the matter. 4. When the Representative of the City or Board Member will be called upon to consider taking official action of a fiduciary nature and members of the Public would have reason to believe the Representative of the City to have a personal or private interest in the matter. Example, when a Representative of the City or Board Member’s personal or private interest, including those of a family member, are included in advertising published by the City even when no direct monetary exchange occurs. B. A Representative of the City or Board Member who determines that his or her actions may cause an appearance of impropriety should disclose the appearance of impropriety in accordance with 1-11-8 below, and, if deemed necessary and appropriate by the Representative of the City, may recuse him or herself from participation. Page 529 of 559 Page 7 of 9 C. Violations of this Section do not constitute a violation of this Code of Ethics because an appearance of impropriety is not an actual ethical violation. However, a City Council member or Board Member who fails to publicly disclose an appearance of impropriety may be subject to public censure by the City Council. An employee may be disciplined pursuant to the administrative policy manual when failure to disclose leads to a breach of trust between the community and the City/City Administration. Compliance with this Section shall not constitute a defense for violation of another subsection or section of the Code of Ethics. 1-11-8: DISCLOSURE AND RECUSAL PROCEDURE; CHALLENGES. A. Disclosure. 1. Mandatory disclosure of a personal/private conflict of interest, or a voluntary disclosure of an appearance of impropriety, shall be made when the conflict or appearance is first reasonably known to the Representative of the City or Board Member. For members of the City Council, disclosure shall be made either orally during a public meeting or in writing to all other members of the City Council. For the City Manager or City Attorney, disclosure shall be made either orally during a public meeting or in writing to the City Council. For Board Members, disclosure shall be made either orally during a meeting or in writing to all other members of the board or commission. Employees shall make disclosure in writing to their immediate supervisor. Such immediate supervisor shall inform the Department Director and the Director of Human Resources. 2. A disclosure shall identify whether the matter is a conflict of interest or an appearance of impropriety, the general nature of the interests involved, whether the matter will create or potentially create an economic, pecuniary, or financial benefit or detriment for the Representative of the City or Board Member, and the approximate value of any potential benefit or detriment. B. Recusal. 1. When recusal is required due to a conflict of interest, or at the determination of a Department Director, or is voluntarily elected due to an appearance of impropriety, the Representative of the City or Board Member shall: a. Refrain from communicating with any other Representative of the City or Board Member regarding the matter and attempting to influence any other Representative of the City or Board Member's official action concerning the matter; b. Refrain from voting upon or taking any official action concerning such matter; and c. Physically leave the podium or meeting area at which the matter is being considered. Non-elected officials should leave the room. 2. A majority of City Council may require the recusal of a Council Member in accordance with subsection (c)(1) below. A majority of a Board may require the recusal of a member in accordance with (C)(3) below. The City Manager may require the recusal of an employee in accordance with subsection (c)(2) below. 3. Notwithstanding the prohibition against participation and voting where a conflict of interest exists, a City Council member may participate and vote on a matter notwithstanding a conflict of interest if participation is necessary to obtain a quorum or otherwise enable the City Council to act and if the City Council member complies with the voluntary disclosure procedures, and the City Council affirmatively votes to approve or require participation. Page 530 of 559 Page 8 of 9 C. Challenges for conflict of interest. 1. Challenge of City Council Member. Any person may challenge a City Council member's failure to declare a conflict of interest or failure to recuse himself or herself. A challenge must be submitted to the City Council in writing or orally made during a public meeting stating the facts in support of the challenge. The City Council shall promptly inquire into the basis and facts of the challenge and may request an opinion from the City Attorney, or outside counsel, regarding the challenge. The City Council may by majority vote of those present and voting (excluding any challenged member) render a determination whether a conflict of interest exists and/or whether recusal of the challenged Council Member is required. That determination is final and not subject to appeal. The City Clerk shall note in the minutes of the meeting the recused member’s vote as an abstention due to conflict of interest. 2. Challenge of employee. Any person may challenge an employee's failure t o declare a conflict of interest or failure to recuse himself or herself. A challenge must be submitted in writing to the Director of Human Resources stating the facts in support of the challenge, with a copy to the City Manager. The Director of Human Resources shall promptly inquire into the basis and facts of the challenge and render a determination whether a conflict of interest exists. The Director of Human Resources shall make a recommendation as to the appropriate response to such conflict of interest and provide such recommendation to the applicable Department Director and City Manager. The City Manager will make a determination as to the required response to the conflict of interest. That determination is final and not subject to appeal. 3. Challenge of a Board Member. Any person may challenge any Board Member's failure to declare a conflict of interest or failure to recuse himself or herself. A challenge in writing or orally made during a public meeting must be submitted to the City Clerk, to be distributed to the City Council, and to the chair of that person's board. The written challenge must state the facts supporting the challenge. The person's board or commission shall promptly inquire into the basis and facts of the challenge and render a determination as to whether a conflict of interest exists and/or whether recusal is required. That determination is final, but may be reviewed by the City Council at the discretion of the City Council. 1-11-9: ENFORCEMENT OF ETHICAL VIOLATIONS. A. General Enforcement Provisions. Enforcement of this Code of Ethics shall not involve either a fine or imprisonment, nor shall enforcement be pursuant to the E.M.C. Title 1, Chapter 4, General Penalty Clause. Action under this Code shall not prohibit or prevent the pursuit of criminal or civil action if a crime or civil wrong is deemed to have occurred. B. City Council Members and Board Members. The appropriate means of enforcement of this Code of Ethics shall be determined by the City Council, in accordance with the restrictions provided within 1-11-9(A) and any other applicable law, for any alleged violation or actual violation of this policy by any member of the City Council, any member of any Board, the City Attorney or the City Manager. Members of the City Council may be censured by a majority vote of the City Council and required to recuse themselves from a vote in which they are found to have a personal/private conflict of interest. Board members may be removed from their appointments for acting upon a matter in which they have a personal/private conflict of interest. Actions against appointed officials shall be in accordance with applicable law. Page 531 of 559 Page 9 of 9 C. Employees. The method and manner of enforcement of this Code of Ethics for allegations made against employees shall be subject to the discretion of the City Manager who, pursuant to Englewood Charter §52 and Englewood Municipal Code Title 1, Chapter 6, Article A, is responsible for the supervision of employees and the suspension, transfer, or termination of any employee. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Savings Clause. The provisions of E.M.C. Title 1, Chapter 2, Savings Clause apply to the interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. Enforcement of the above provisions shall be in accordance with Title 1, Chapter 11, Section 9. Enforcement of this Code of Ethics shall not involve either a fine or imprisonment, nor shall enforcement be pursuant to the E.M.C. Title 1, Chapter 4, General Penalty Clause. Action under this Code shall not prohibit or prevent the pursuit of criminal or civil action if a crime or civil wrong is deemed to have occurred. Safety Clauses. The Englewood City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The Englewood City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 4th day of January, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 7th day of January, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 4th day of January, 2021. Stephanie Carlile Page 532 of 559 Page 533 of 559 Page 534 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Collins DEPARTMENT: Police DATE: January 4, 2021 SUBJECT: Council Bill 58 - Intergovernmental agreement with Arapahoe County to provide emergency management services to the City. First amendment DESCRIPTION: CB 58 - IGA with Arapahoe County Office of Emergency Management – 1st amendment RECOMMENDATION: The IGA provides for five optional one-year extensions subject to annual appropriations. Staff recommends that City Council approve the first amendment to this IGA for calendar year 2021. PREVIOUS COUNCIL ACTION: On September 16, 2019, the Englewood City Council approved an Intergovernmental Agreement with Arapahoe County where the Arapahoe County Office of Emergency Management would provide Emergency Management services to the City. SUMMARY: The City of Englewood has engaged the Arapahoe County Office of Emergency Management for the purposes of developing all-hazards and emergency management plans, implementation and training that will be approved and or adopted by the City of Englewood. In addition, the City of Englewood desires to contract with the Arapahoe County OEM for ongoing emergency coordination in the event the City of Englewood requests emergency assistance pursuant to the plans and procedures adopted by the City of Englewood. FINANCIAL IMPLICATIONS: The 2021 cost for Emergency Management services provided to the City by Arapahoe County is $105,000 for the dedicated Emergency Manager and an $8,000 equipment fee for a total of $113,000.00. The cost remains the same for 2021. ALTERNATIVES: In the previous communication in 2019, the alternative would be to hire, train equip and support an emergency manager for the city. Additionally, Council could instruct the City Manager to develop an emergency management function with existing personnel. CONCLUSION: Police staff recommends that Council approve the 1st amendment to this intergovernmental agreement. Page 535 of 559 ATTACHMENTS: 1. Council Bill #58 2. 1st amendment IGA Emergency Services provided to the City of Englewood 3. 2019 IGA for Emergency Services by Arapahoe County Page 536 of 559 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 58 SERIES OF 2020 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING A FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY. WHEREAS, on September 4, 2019 the Englewood City Council approved an Intergovernmental Agreement with Arapahoe County for the provision of Emergency Management Services ("IGA"); WHEREAS, per the terms of the IGA the parties may extend the IGA for up to five one-year renewals; WHEREAS, pursuant to Section IV, Number 1 of the IGA, Arapahoe County and the City of Englewood desire to renew the IGA for an additional one-year period; WHEREAS, the amendment will allow the Parties to extend the IGA automatically unless otherwise terminated in accordance with the Agreement; WHEREAS, all of the terms and conditions of the IGA shall remain in full force and effect; WHEREAS, there is no increase in costs to the City for the provision of Emergency Management Services by Arapahoe County; and WHEREAS, the funds have been budgeted for this project. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes entering the “First Amendment to the Intergovernmental Agreement between the City of Englewood and Arapahoe County for the Provision of Emergency Management Services, attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 7th day of December, 2020. Page 537 of 559 2 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of December, 2020. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of December, 2020 for thirty (30) days. Read by Title and passed on final reading on the 4th day of January, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2020, on the 7th day of January, 2021 Published by title on the City’s official website beginning on the 6th day of January, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2020. Stephanie Carlile Page 538 of 559 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (IGA) BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD FOR PROVISION OF EMERGENCY MANAGEMENT SERVICES THIS AMENDMENT (“Amendment”) TO THE IGA BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES is made this ___ day of ________ 2020, by and between Arapahoe County (“County”) and the City of Englewood (“City”). WHEREAS, the County and City entered into an IGA on September 19, 2019, which provides for provision of emergency management services by the County for the City; and WHEREAS, the IGA provides for five optional one-year extensions subject to annual appropriations; and WHEREAS, the parties wish to extend the IGA for one-year, per the Section IV, Number 1 of the Agreement. THEREFORE, the parties agree as follows: 1. Term. The term of this Agreement shall be extended one (1) year from the effective date, which shall be the date of the last and final signature to this amendment to the agreement, unless otherwise terminated in accordance with this agreement. 2. Renewal. The agreement shall be renewed and extended for additional terms automatically unless otherwise terminated in accordance with this agreement. 3.Except as expressly amended by this First Amendment, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have caused this First Amendment to the IGA Between Arapahoe County and the City of Englewood for the Provision of Emergency Management Services to be executed by its duly authorized representatives. ARAPAHOE COUNTY, COLORADO CITY OF ENGLEWOOD _________________________________ _____________________________________ Page 539 of 559 Signature Date Signature Date Chair, Board of County Commissioners Name: _________________________ or a designee as approved by Resolution Title: __________________________ ATTEST: ATTEST: __________________________________ __________________________________ Page 540 of 559 INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND ARAPAHOE COUNTY FOR THE PROVISION OF EMERGENCY MANAGEMENT SERVICES TO THE CITY OF ENGLEWOOD BY THE ARAPAHOE COUNTY OFFICE OF EMERGENCY MANAGEMENT This Agreement is made and entered into this 1eo'""'-day of ,.S..p��v-, 2019, by and between the CITY OF ENGLEWOOD and the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, on behalf of the Arapahoe County Sheriffs Office (collectively "ARAPAHOE COUNTY"), and provides as follows: WHEREAS, Article XN, Section 18(2)(a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S. authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, the City of Englewood, a municipal corporation and home rule city, desires to engage Arapahoe County in assisting the City with the development and implementation of an Emergency Operations Plan, and by providing Emergency Management services; and WHEREAS, the Arapahoe County Office of Emergency Management, which is part of the Arapahoe County Sheriffs Office ("ACSO") has demonstrated the ability to provide emergency management services of the highest professional standards to the citizens of Arapahoe County. NOW THEREFORE, in consideration of the terms and conditions set forth herein the parties agree as follows: AGREEMENT I.PURPOSE 1.The City of Englewood ("COE") desires to engage the Arapahoe County Office of Emergency Management ("Arapahoe County OEM") for the purposes of developing all-hazards and emergency management plans, implementation and training that will be approved and/or adopted by the COE. In addition, the COE desires to contract with the Arapahoe County OEM for ongoing emergency coordination in the event the COE requests emergency assistance pursuant to the plans and procedures adopted by the COE. 2.The Parties acknowledge that the intent of this Agreement is not to shift liability to Arapahoe County for assisting the COE in fulfilling its statutory all-hazards and emergency response responsibilities. The Parties also acknowledge and agree that while Arapahoe County will use its best efforts in preparing any planning documents and/or training provided pursuant to this Agreement, Arapahoe County nevertheless does not warranty any of the services or documents Page 541 of 559 Page 542 of 559 Page 543 of 559 Page 544 of 559 Page 545 of 559 Page 546 of 559 Page 547 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria D'Andrea DEPARTMENT: Public Works DATE: January 4, 2021 SUBJECT: Letter of Support for the city's FEMA Flood Recovery Assistance Grant Application DESCRIPTION: The final grant application is due to FEMA on January 15, 2021. Staff has been working with the Colorado Office of Emergency Management on the grant application who has indicated that letters of support will assist FEMA in evaluating the grant applications. RECOMMENDATION: Staff recommends that the City Council approve, by motion, that the Mayor sign a letter of support for the city's FEMA Flood Recovery Assistance (FRA) grant application. SUMMARY: The city has developed a grant application to the Federal Emergency Management Agency (FEMA) through their Flood Recovery Assistance to partially fund the South Englewood Storm Sewer Project (also known as S1 & S2). This letter of support will indicate the city's interest and willingness to be considered for this grant. ANALYSIS: FEMA is soliciting grant applications for its Flood Mitigation Assistance (FMA) program. These grants will provide funds to states, local communities, tribes and territories for eligible projects that will reduce or eliminate the risk of repetitive flood damage and help save lives. Projects are selected based on the cost effectiveness and eligibility of the proposal. There is $160 million available in flood mitigation grant funding nationwide. The grant application is currently being reviewed by the Colorado Office of Emergency Management (CO OEM). They will give feedback to the city to assist in finalizing the application by January 15, 2021. In late-January, CO OEM is responsible for submitting all Colorado applications to FEMA for evaluation & consideration. Grant recipients will likely be notified in June or July 2021. FINANCIAL IMPLICATIONS: A formal Benefit Cost Ratio has been calculated using FEMA's Benefit Cost Analysis Toolkit, which is a requirement of the grant application. Based on the estimated costs of approximately $20M, the benefit cost ratio has been calculated as follows: Page 548 of 559 Benefits $418,647,737 Costs $18,515,437 B/C Ratio 22.6 Typically, any B/C ratio over 1.0 is considered beneficial as the benefits outweigh the costs. FEMA will fund up to 75% of the project costs. The current project cost estimate is approximately $20,015,500. Therefore the funding breakdown could be up to: Funding Source Funding Amount FEMA $13,886,578 City $4,628,859 Total $18,515,437 CONCLUSION: Staff recommends authorizing the Mayor to sign the attached letter in support of this grant application. ATTACHMENTS: Letter of Support Page 549 of 559 January 4, 2020 Federal Emergency Management Agency 500 C Street SW Washington, DC 20472 RE: FEMA Flood Mitigation Assistance Program Grant Application To Whom It May Concern: This letter serves to confirm the city of Englewood’s support of the South Englewood Storm Sewer Project. The City of Englewood is committed to funding approximately 25% of the estimated project costs. In July 2018, the southern portion of the City of Englewood experienced a significant storm event that caused wide-spread flooding of private property and significant property damage as well as the death of a young woman. The flood event was estimated at being just under a 50-year storm event. In early July 2019, the city experienced the fourth of several sinkholes over about a 10-year period when a section of the existing storm sewer pipe collapsed. This caused a major sink hole to open up in the roadway and resulted in the road being closed for eastbound traffic for nearly 2 months as the repair location was too large to safely accommodate two-way traffic. The resulting inconvenience to the traveling public, loss of revenue to adjacent businesses, and repair costs to the city were significant. In order to mitigate these flooding & sinkhole issues, the city undertook a Flood-Prone Evaluation Study to look at the potential areas of flooding. The study demonstrated that there are significant flooding problems along the main drainageway in the South Englewood Basin. Three alternatives to mitigate the flooding have been identified and will be evaluated to determine the most feasible & cost-efficient alternative. The city of Englewood looks forward to and appreciates FEMA's interest in this important project. If you have any questions or require further documentation, please do not hesitate to contact Maria D’Andrea, Director of Public Works, (mdandrea@englewoodco.gov or (303) 762-2506 )at your convenience. Sincerely, Linda Olson Mayor Page 550 of 559 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Collins, Tim Dodd DEPARTMENT: Finance, Police DATE: January 4, 2021 SUBJECT: General Fund Police Department 2021 Budget and Appropriation Supplemental DESCRIPTION: General Fund Police Department 2021 Budget and Appropriation Supplemental RECOMMENDATION: City staff recommends City Council approve a Resolution authorizing a Police Department 2021 Budget and Appropriation Supplemental that includes the following: • Police Reform Task Force expenditure increase ($151,173); • Reclassification of the 2021 Parks Ranger Position and associated uniform, and equipment expenditures from the Parks, Recreation, Library and Golf Department to the Police Department ($101,206); and • Media Specialist position to support the Police Officer Body Worn/In Car Camera System ($95,000). PREVIOUS COUNCIL ACTION: • October 19, 2020 - City Council passed the second reading of the 2021 Budget Ordinances o Council advised that Police Reform recommendations may require a supplemental allocation o Council advised that, depending on body camera company used, a media specialist might be required and therefore necessitate a supplemental budget allocation • November 2, 2020 - Police Reform Task Force recommendations presented to City Council for their consideration and input, the estimated costs range between $250,000- $400,000 • December 14, 2020 - Police Reform Task Force met with City Council to discuss and seek direction based on the recommendations from the task force. ANALYSIS: There are three items contained within the attached General Fund budget supplemental resolution: 1. Police Reform Task Force recommendation costs 2. Park Ranger transfer costs 3. Media Specialist costs for new body-worn camera implementations These items are described below. Page 551 of 559 Police Reform Recommendation Costs Six of the 37 recommendations from the Police Reform Task Force had an associated cost. Three of the six recommendations were determined to be implementable by actions taken in three of the other recommendations as follows: 1. Market and promote community-based programs like Impact Team o Implementation plan: Hire Community Outreach Coordinator 2. Financially support non-POST certified candidates in the certification process o Implementation plan: add two officer positions as trainees that the City pays to go through POST certification and receive a stipend for living expenses 3. Implement a Community Engagement Plan to educate residents on de-escalation and other tactics o Implementation plan: Hire Community Outreach Coordinator 4. Expand Crisis Intervention Training with expanded co-responder program o Implementation plan: Add an additional case manager to co-responder team 5. Modify co-responder job description to include case management o Implementation plan: Add an additional case manager to co-responder team 6. Expand care navigation/case management to a new FTE at 40 hours/week to provide outreach to individuals with mental health, domestic violence, substance abuse and homelessness needs. o Implementation plan: Add an additional case manager to co-responder team Based on Council discussion December 14 regarding the items above, staff is proposing the following budget supplemental requests related to the Police Reform Task Force recommendations: 1. Add one officer position as a trainee that the City pays to go through POST certification and receive a stipend for living expenses--$76,173 2. Add an additional case manager to co-responder team--$75,000 Total of all approved task force requests: $151,173 Park Ranger Costs Transfer Costs for the new Park Ranger requested by Council were originally included in the Parks, Recreation, Library & Golf Department. Council requested this position be housed in Code Enforcement within Police. The attached budget supplemental resolution moves these costs from Parks to Police. This is not a net budget increase, only a transfer from one department to another which requires Council approval per City Charter. Total of Park Ranger transfer costs: $101,206 (not a net increase to budget) Media Specialist Position Needed for Body Worn/In Car Camera Implementation Page 552 of 559 During the final weeks of the 2021 budget discussions with City Council, it was unknown which company would be selected to be awarded a contract for body worn cameras. At that time, the leading contender was a company that stated that we would not have to hire a Media Specialist for the purpose of pulling, reviewing and processing digital data. The Police Department contacted other police agencies and found this statement to be misleading as those agencies that went with this vendor had to hire media specialists.This company was not ultimately selected and the company that was selected (which was a lower price overall) does require a full-time media specialist. As such, staff recommends a budget amendment for $95,000. This will pay for the salary and benefits for this position. Other costs including work station and equipment can be borne within the existing Police budget. Total of Media Specialist costs for body worn/in car camera installation: $95,000 Source of Funds for Costs Noted Above The cost for these three items total $246,173 (again, no net increase to City budget for the Parks Ranger transfer). These costs will be funded by the General Fund's Unassigned Fund Balance which currently contains an estimated balance as of November 30, 2020 of $15,405,986. The City's General Fund's unassigned fund balance is anticipated to grow by $1.5 million due to a surplus in 2020. This surplus exists due to cost cutting by staff, better than anticipated revenues in the second half of the year, and reimbursement to the City for emergency services through federal CARES Act funding. FINANCIAL IMPLICATIONS: The funds will be provided from the following General Fund sources: Police Reform Costs ($151,173).................................................Unassigned Fund Balance Transfer of Park Ranger to Police ($101,206).............................Parks Department, but no net increase to City budget Media Specialist for Body Worn Cameras ($95K).......................Unassigned Fund Balance ALTERNATIVES: City Council may wish to modify or reject the proposed budget amendment. Alternatives for funding as requested by Mayor Olson are as follows: Funding Options for Two New Positions 1. 100% Fund Balance: Fund costs for case manager and police trainee from unassigned fund balance 2. 50/50% Fund Balance & Vacancy Repurpose: Fund half of costs from unassigned fund balance and half of costs from transitioning a future staff vacancy into one of the two new positions 3. 100% Vacancy Repurpose: Fund costs for case manager and police trainee by transitioning two future vacant positions in police into the case manager and trainee position Page 553 of 559 ATTACHMENTS: Resolution Page 554 of 559 1 RESOLUTION NO. SERIES OF 2021 A RESOLUTION ADDING AN APPROPRIATION AND TRANSFERRING FUNDS WITHIN THE GENERAL FUND OF THE 2021 BUDGET OF THE CITY OF ENGLEWOOD. WHEREAS, the City of Englewood is required by Section 83 of the Englewood Home Rule Charter to ensure that expenditures do not exceed legally adopted appropriations; WHEREAS, the 2021 Budget was submitted and approved by the Englewood City Council on October 19, 2020; WHEREAS, the City Council created the Police Reform Task Force to review and make recommendations regarding the Police Department, including legislative mandates set forth within SB 20-217; WHEREAS, the City Council directed provision be made for body worn and in car camera systems for all law enforcement officers, and a media specialist be retained for the production of recordings made by said cameras; WHEREAS, the City Council provided for a new Code Enforcement Officer position (Park Ranger) within the 2021 adopted budget specifically designated to enforce the codes associated with the City’s parks and such position was established within the Budget for the Parks, Recreation, Library and Golf Department, but has subsequently determined the Park Ranger position must be established within the Police Department to allow said Park Ranger enforcement authority; WHEREAS, Section 92 of the Englewood Home Rule Charter provides that “[a]t the request of the City Manager, the Council may by resolution transfer any unencumbered appropriation balance or portion thereof from one department, office or agency, to another”; WHEREAS, in conformance with Section 93 of the Englewood Home Rule Charter appropriations in addition to those contained in the budget shall be made only on the recommendation of the City Manager, and only if the City Treasurer certifies that there is available a cash surplus sufficient to meet such appropriations ; and WHEREAS, in conformance with Section 92 and 93 of the Englewood Home Rule Charter the City Manager hereby requests the transfer of funds as set forth below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2021, as follows: FUND TRANSFER in accordance with Section 92 and additional appropriation in accordance with section 93 of the Englewood Home Rule Charter: SOURCE OF FUNDS: 1. Transfer from General Fund Unassigned Fund Balance $246,173 2. Transfer from General Fund Parks, Recreation, Library and Golf Department $101,206 TOTAL $ 347,379 USE OF FUNDS: Transfer to the General Fund Police Department budget for the following purposes: Page 555 of 559 2 (a) Creating one (1) FTEs (new-hire police officer trainee) $ 76,173 (b) Establish Park Ranger Position/uniform and equipment costs $101,206 (c) Engage All-Health Network: 40hrs/wk Case Manager/Co-Responder services $ 75,000 (d) Media Specialist to manager video generated by law enforcement camera system $ 95,000 TOTAL $ 347,379 Section 2. The City Manager and the Director of Finance, in accordance with Sections 92 and 93 of the Englewood Home Rule Charter are hereby authorized to make the above listed transfers within the 2021 Budget for the City of Englewood. ADOPTED AND APPROVED this 4th day of January, 2021. _______________________________ Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.___ , Series of 2021. Stephanie Carlile, City Clerk Page 556 of 559 STUDY SESSION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: January 4, 2021 SUBJECT: Council Liaison Discussion DESCRIPTION: Council Liaison Discussion RECOMMENDATION: City Council will have the opportunity to discuss the assignment of Council liaison positions for the upcoming year. PREVIOUS COUNCIL ACTION: City Council liaison assignments were assigned January 13, 2020. SUMMARY: The accompanying spreadsheet lists the various liaison assignments for boards, commissions and organizations on which Council members are currently on. Malley Center Trust Fund • One trustee to be appointed from the City Council who shall serve during tenure in office or a citizen of Englewood to be appointed to serve at Council's pleasure or for a term not to exceed two (2) years. ATTACHMENTS: Council Liaison List - January 2021 Page 557 of 559 BOARDS & COMMISSIONS MEETS LIAISON Alliance for Commerce in Englewood 2nd Wednesday at 3:30 a.m. Russell Arapahoe Cty Collaborative Transportation Forum NA Olson Board of Adjustment and Appeals 2Nd Wedneday at 7:00 p.m. No liaison. Quasi-judicial. Budget Advisory 4th Tuesday at 5:15 p.m. Russell Sierra CML Policy Committee Various times throughout the year Wink Code Enforcement Advisory 3rd Wednesday at 6:00 p.m. Russell Cultural Arts 1st Wednesday at 5:45 p.m. Wink DRCOG 1st Wednesday at 4:00 p.m. Olson (Mayor Mandatory) 3rd Wednesday at 6:30 p.m. Wink (alternate) Englewood Housing Authority 1st Wednesday at 4:00 p.m. Anderson Firefighters Pension Board 2nd Thursday of Feb., May, Aug. & Nov. at 12:30 p.m. Olson (Mayor mandatory) Historic Preservation Commission 3rd Wednesday at 6:30 p.m. Cuesta Keep Englewood Beautiful 2nd Tuesday at 6:30 p.m. Anderson Malley Center Trust Fund 1st Monday of Feb., May, Aug. & Nov. at 2:00 p.m. as 1 Russell Term not to exceed two (2) years. NonEmergency Employees Retirement 2nd Tuesday of Feb., May, Aug. & Nov. at 4:00 p.m. Russell (voting member) Page 558 of 559 Page 559 of 559