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HomeMy WebLinkAbout2021-02-16 (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 Teleconferenced City Council Regular Meeting Tuesday, February 16, 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=RP-RvAHelsI 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of February 1, 2021. Teleconferenced City Council Regular - 01 Feb 2021 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition 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. K.Bailey Public Statement 2.9.21 b. Dan Kaufman, an Englewood resident, will address Council regarding parking. c. Steven Kelly, an Englewood resident, will address Council regarding the Off-Leash Task Force. d. Kevin Kramer, an Englewood resident, will address Council regarding the Jason Park Survey. e. C.A. Dickerson, an Englewood resident, sent the attached written public comment to address Council. C.A. Dickerson Public Statement 2.16.21 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council Page 1 of 361 Englewood Teleconferenced City Council Regular Agenda February 16, 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. meeting on Tuesday, February 16th, please visit https://englewoodco.zoom.us/webinar/register/WN_gLr4gK82QYK-NM8VfkcBNQ 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. Wednesday, February 17th. 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. 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 04 - Amendment to Title 2 Boards and Commissions CB 04 - Pdf Staff recommends City Council approve, by Ordinance, updates regarding Title 2 Boards and Commissions. Staff: Interim City Attorney Alex Dorotik c. Resolutions and Motions i. Removal of Transportation Advisory Committee (ETAC) Alternate Member ETAC - Pdf The Englewood Transportation Advisory Committee (ETAC) requests City Council remove, by Motion, a member of the committee due to lack of attendance at the scheduled meetings. Staff: Deputy City Clerk Jackie McKinnon ii. Renewal of 2020 Concrete Trip Hazard Elimination contract Precision - Pdf Staff recommends that City Council approve, by Motion, a renewal of the Concrete Trip Hazard Elimination contract with Precision Concrete Cutting for Pavement Maintenance Zone 3 work in the amount of $150,000. Staff: Capital Project Engineer Sara Siggue and Capital Projects and Engineering Manager Tim Hoos 10. Public Hearing Items Due to COVID-19, the public hearing will be held virtually. Please use this link to sign up to speak at the Public Hearings: https://englewoodco.zoom.us/webinar/register/WN_gLr4gK82QYK-NM8VfkcBNQ Page 2 of 361 Englewood Teleconferenced City Council Regular Agenda February 16, 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. If you have any questions or concerns regarding speaking in favor or against the variance, please call 303.762.2430 or email cityclerk@englewoodco.gov for directions on how to provide testimony virtually OR in person if internet access is unavailable. Please limit your presentation to 3 minutes. a. Public Hearing on WH PUD Site Development Plan for Winslow Crane, 3002 S Huron Street. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson Presentation: 20 minutes PUD - Pdf Public Hearing Crounse Public Hearing Kirkman Public Hearing Dickerson b. Public Hearing for a vacation of a portion of South Huron St - Winslow Crane Planned Unit Development. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson Presentation: 10 minutes S Huron - Pdf c. Public Hearing for a vacation of a portion of West Cornell Ave right-of-way and a portion of the associated alley - Winslow Crane Planned Unit Development. Staff: Planning Manager Wade Burkholder and Planner II Erik Sampson Presentation: 10 minutes W Cornell - Pdf 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Contract for Services agreement with Calgon Carbon Corporation. Calgon- Pdf Staff recommends City Council approve, by Motion, a Contract for Services agreement with Calgon Carbon Corporation to remove and install virgin Granular Activated Carbon filter media at the Allen Water Treatment Plant in the amount of $398,932.00. Staff: Deputy Director of Operations and Maintenance Angela Goodman 12. Covid-19 Update 13. General Discussion a. Mayor's Choice i. Executive Session for a conference with the City Attorney for the purpose of Page 3 of 361 Englewood Teleconferenced City Council Regular Agenda February 16, 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. receiving legal advice pursuant to C.R.S. Section 24-6-402(4)(b). Exec Script b. Council Members' Choice 14. City Manager’s Report 15. City Attorney’s Report 16. Adjournment Page 4 of 361 MINUTES Teleconferenced City Council Regular Meeting Monday, February 1, 2021 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 was 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: Assistant to the City Manager Dodd Interim City Attorney Dorotik City Clerk Carlile Deputy City Clerk Truscott Reed Police Chief Collins Chief Building Official Montanez Director of Finance Loh Director of Communications Harguth Neighborhood Resources Coordinator Hinkfuss Director of Utilities and South Platte Renew Van Ry Director of Public Works Maria D'Andrea Deputy Director of Environmental Programs Corning Maintenance and Operations Manager Ortega Deputy Director of Operations and Maintenance Lundquist Director of Information Technology Brocklander Deputy Director of Information Techology King Page 1 of 7 Draft Page 5 of 361 Teleconferenced City Council Regular February 1, 2021 Director of Community Development Power Information Technology Hunnicutt 4 Study Session Topic a) Emergency Coordinator Lisa Clay and Police Chief John Collins were present to review and discuss the draft Englewood Emergency Operations Plan and obtain Council feedback regarding the plan. b) Chief Building Official Karen Montanez was present to discuss and review the 2018 International Energy Conservation Code and the International Green Construction Code. c) Communications Director Chris Harguth and Neighborhood Resources Coordinator Madeline Hinkfuss were present to discuss with City Council whether to move forward with the nomination process for Citizen of the Year. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of January 19th, 2020. Moved by Council Member Othoniel Sierra Seconded by Council Member John Stone APPROVAL OF THE MINUTES OF THE SPECIAL/REGULAR CITY COUNCIL MEETING OF JANUARY 19, 2021 For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell Othoniel Sierra (Moved By) x John Stone (Seconded By) x Cheryl Wink x Linda Olson x 6 0 0 Motion CARRIED. The meeting recessed at 6:49 p.m. for a break. The meeting reconvened at 6:54 p.m. with all Council Members present. 6 Appointments, Communications, Proclamations, and Recognition a) Introduction of Director of Finance Jackie Loh. 7 Recognition of Scheduled Public Comment Page 2 of 7 Draft Page 6 of 361 Teleconferenced City Council Regular February 1, 2021 a) Kathleen Bailey, an Englewood resident, submitted a written public comment to address Council. b) Devra Jeffers, an Englewood resident, was scheduled to address Council regarding a vehicle obstructing views and causing a safety hazard but was not present. c) Kevin Kramer, an Englewood resident, addressed Council regarding Jason park and off-leash dog parks. d) Pamela Beets, an Englewood resident, addressed Council regarding bulk plane requirements. e) Wallace Lukowski, an Englewood resident, addressed Council regarding Jason park. f) Cynthia Searfoss, an Englewood resident, addressed Council regarding solastalgia. 8 Recognition of Unscheduled Public Comment a) Steven Kelly, an Englewood resident, addressed Council regarding the off- leash dog park survey. b) Nathan Hoag, an Englewood resident, addressed Council regarding conversations about race & racism among Council. c) Brianna Johnson, an Englewood resident, addressed Council regarding conversations about racism in Englewood. d) Christina Paguyo, an Englewood resident, addressed Council regarding justice, equity, diversity, and inclusion (JEDI). e) Jonathan Liberman, an Englewood resident, addressed Council regarding off- leash dog parks and Englewood Unleashed. f) Marcy Brown, an Englewood resident, addressed Council regarding the Mayor Manager meeting on January 20th, 2021. g) Drew Gunderson addressed Council regarding commentary on the reaction to the Blueprint for Organization Success. h) Claudine Burger, an Englewood resident, addressed Council regarding housing and water infrastructure. i) Jim Brown, an Englewood resident, addressed Council regarding Jason Park. j) Steve Holoubek, an Englewood resident, addressed Council regarding water and sewer billing. k) Marina Pahountis, an Englewood resident, addressed Council regarding Jason Park. Council Member Sierra responded to Public Comment. Page 3 of 7 Draft Page 7 of 361 Teleconferenced City Council Regular February 1, 2021 9 Consent Agenda Items Moved by Council Member Sierra, seconded by Council Member Wink to approve Consent Agenda Items 9(a)(i), 9(b)(i), and 9(c)(i-ii). a) Approval of Ordinances on First Reading i) CB 04 - Amendment to Title 2 Boards and Commissions COUNCIL BILL NO. 04 INTRODUCED BY COUNCIL MEMBER SIERRA A BILL FOR AN ORDINANCE AMENDING TITLE 2, BY ESTABLISHING CHAPTER 13A, REGARDING ESTABLISHMENT OF GENERAL POLICIES APPLICABLE TO ALL BOARDS AND COMMISSIONS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. b) Approval of Ordinances on Second Reading. i) CB 03 - Municipal code changes related to technologically enhanced naturally occurring radioactive material (TENORM). ORDINANCE NO. 06, SERIES OF 2021 ( COUNCIL BILL NO. 03, INTRODUCED BY COUNCIL MEMBER STONE) AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTIONS 1 AND 5, OF THE MUNICIPAL CODE (2000) OF THE CITY OF ENGLEWOOD, COLORADO, IN CONNECTION WITH DEFINITIONS/ABBREVIATIONS AND ACRONYMS, AND PROHIBITING THE DISCHARGE OR DEPOSIT OF ANY NON- EXEMPT AMOUNTS OF TECHNOLOGICALLY ENHANCED NATURALLY OCCURRING RADIOACTIVE MATERIAL (TENORM) INTO THE WASTEWATER TREATMENT SYSTEM, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. c) Resolutions and Motions i) Revisions to the strategic plan. Approval of the suggested revisions to the strategic plan. ii) Motion to approve 2020 Purchase Amount with John Elway Chevrolet. Approval to increase the 2020 purchase order with John Elway Chevrolet from $76,926.00 to $105,845.49. Page 4 of 7 Draft Page 8 of 361 Teleconferenced City Council Regular February 1, 2021 Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Motion to approve Consent Agenda Items 9(a)(i), 9(b)(i), and 9(c)(i-ii). For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Moved By) x John Stone x Cheryl Wink (Seconded By) x Linda Olson x 7 0 0 Motion CARRIED. 10 Public Hearing Items No public hearing was scheduled before Council. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading [See Agenda Item 9(a)(i).] b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading [See Agenda Item 9(b)(i).] c) Resolutions and Motions i) Resolution to restore funding to a vacant 2021 Police Officer position. Member Russell left the meeting at 8:55 p.m. due to technical difficulties. Member Russell returned to the meeting at 8:56 p.m. The meeting recessed at 8:56 p.m. for a break. The meeting reconvened at 9:00 p.m. with all Council Members present. Moved by Council Member Cheryl Wink Page 5 of 7 Draft Page 9 of 361 Teleconferenced City Council Regular February 1, 2021 Seconded by Council Member Joe Anderson RESOLUTION NO. 07, SERIES OF 2021 A RESOLUTION TO ADD AN APPROPRIATION TO THE GENERAL FUND OF THE 2021 BUDGET OF THE CITY OF ENGLEWOOD. For Against Abstained Joe Anderson (Seconded By) x Dave Cuesta x Rita Russell x Othoniel Sierra x John Stone x Cheryl Wink (Moved By) x Linda Olson x 5 2 0 Motion CARRIED. ii) Approval to pay Envirotech invoices. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion approving an increase to the payment of Envirotech invoices above the approved 2020 purchase order amount of $99,000. For Against Abstained Joe Anderson x Dave Cuesta x Rita Russell x Othoniel Sierra (Seconded By) x John Stone x Cheryl Wink (Moved By) x Linda Olson x 7 0 0 Motion CARRIED. 12 Covid-19 Update 13 General Discussion a) Mayor's Choice i) Update for in-person and hybrid meetings. Page 6 of 7 Draft Page 10 of 361 Teleconferenced City Council Regular February 1, 2021 b) Council Members' Choice 14 City Manager’s Report a) Review of possible Covid-19 relief project. 15 City Attorney’s Report 16 Adjournment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 9:54 p.m. City Clerk Page 7 of 7 Draft Page 11 of 361 1 Jayde Truscott Reed From:Kathleen B <kbecology@hotmail.com> Sent:Sunday, February 7, 2021 12:39 PM To:City Clerk Cc:Linda Olson; Othoniel Sierra; Rita Russell; Dave Cuesta; Joe Anderson; John Stone; Cheryl Wink; Maria D'Andrea; Tim Hoos; Shawn Lewis Subject:2/16/21 Public Statement regarding Staff/Council egregious ongoing failure to upgrade S3 and S4 to 25-Year Rain Event Capacity Follow Up Flag:Flag for follow up Flag Status:Completed 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.       2/16/21 Public City Council Meeting   Public Statement Concerning Staff and Council’s egregious ongoing failure to choose to upgrade S3 and S4 to 25‐Year  Rain Event Infrastructure.    From MHFD regarding Minor and Major Storms ‐   “Rainfall events vary greatly in magnitude and frequency of occurrence. Major storms produce large flow rates but  rarely occur. Minor storms produce smaller flow rates but occur more frequently.”  “The magnitude of the minor storm is established by local ordinances or criteria, and the 2‐ or 5‐year storms are  commonly specified“    The South Englewood basin was built only to a MINOR 2‐Year Rain Event Storm CAPACITY.  Based on Every Single Study ‐   • Beginning with the 1971 Sellards and Grigg  Study ‐ who actually cautioned Englewood’s Council /Staff that Council’s  DIRECTION  to design residential drainage for only a 2‐year rain event capacity meant that it “Would be Undersized  Capacity by 1990!    • Followed by the 1998/1999 UDFCD/TCB Study,  •followed by the 2002 Moser Study,  •followed by the 2019 Calibre Study  ‐   ALL identified the South Englewood Basin Storm Drainage Infrastructure Capacity as only a 2‐Year Rain Event Storm  Capacity, and declared the existing capacity as UNDERSIZED, and recommended significant UPGRADE.    UPGRADE WAS NEVER DONE.    7/24/18 was a MAJOR 25‐50 Year Rain Event Storm.    And as a result of Staff and Councils failure to head the repeated recommendations to UPGRADE the 2‐Year Rain  Event Capacity Infrastructure, a number of traumatized South Englewood Basin S3 and S4 Residents lives were  threatened, a young woman drowned, and many horrified Residents experienced major property damage.    THEIR HAS ONLY BEEN ONE STUDY THAT CONCLUDES THAT IT IS NOT NECESSARY TO UPGRADE the existing 2‐Year Rain  Event Infrastructure in S3 and S4.  Page 12 of 361 2 THAT STUDY IS The 8/17/20 Study performed by Director D’Andrea’s, Tim Hoos’s, CM Lewis‘s Public Works Contracted  CONSULTING Firm ULTIEG.    And, surprise surprise, the Public Works’ contracted Consulting Firm Ultieg REPORT concluded the inadequacy of the  existing  2‐year Rain Event Infrastructure can be fixed by simply upgrading and installing better and more inlets and a  few supplemental pipe segments into the EXISTING 2‐Year Rain Event Storm CAPACITY Infrastructure.   And, surprise surprise, this can all be done at SIGNIFICANTLY LESS THEN HALF the cost required to actually UPGRADE the  existing undersized 2‐Year Rain Event Infrastructure to a 25‐Year infrastructure.    AND IF THAT IS NOT IMPRESSIVE ENOUGH, ACCORDING TO ENGLEWOOD’S Public Works Director D’Andrea, Public  Works Engineer Tim Hoos, and City Manager Lewis, these planned upgraded inlets and additional Inlets, and a few  additional pipe segments installed into the existing 2‐Year Rain Event Storm Capacity Infrastrure System WILL NOW  ALSO HANDLE A MAJOR 25‐YEAR RAIN EVENT STORM WITHOUT THREAT TO LIFE AND PROPERTY OF SOUTH  ENGLEWOOD S3 & S4 RESIDENTS!    And EACH And EVERY COUNCIL MEMBER HAS CHOSEN TO BELIEVE STAFF THAT YOU CAN GET 25‐Year Rain Event  Storm Pipe Capacity Infrastructure LEVEL of protection by simply Tweaking an existing 2‐Year Rain Event Storm Pipe  Capacity Infrastructure.    THAT truly reflects the CAPACITY of this Governing City Council.    The PRIMARY RESPONSIBILITY of ENGLEWOOD’s Governing City Council is the protection of the LIFE HEALTH AND  PROPERTY of ALL Englewood Residents.    Historically and presently they have CONSISTENTLY FAILED that Primary Responsibility.    And no City Manager, City Director or City Council have ever had to worry about being held accountable when their  choices result in tragic consequences.    So they have no motivation to spend the necessary money to actually protect the LIFE HEALTH AND PROPERTY of ALL  Englewood Residents.    I am still not ready to give up my fight to have this Council reverse course and recommit to upgrading S3 and S4 to 25‐ Year Rain Event Capacity Pipe Infrastructure.  I cannot in good conscious quit this effort when I FULLY BELIEVE THAT THE LIFE HEALTH AND PROPERTY OF MY  NEIGHBORS ARE AT STAKE.    I gratefully received my second Covid Vaccine Shot this Friday and I intend to continue this exhausting seemingly futile  effort in person when the Council returns to full in person PUBLIC CITY COUNCIL MEETINGS.     Kathleen Bailey  District 4                Sent from my iPhone  Page 13 of 361 Subject: proposed amendment for Title 2 B&C From the way it is worded, apparently Council wants to give youth a vote on any board or commission Council wants. In my opinion and knowledge of law and code, this is wrong and the wording needs to be changed. No one not eligible by age or citizenship to be appointed as regular voting member of any B&C should be allowed to vote. No one not eligible to vote in any municipal, state, or federal elections should be allowed to be a voting member of any B&C that may propose code or policy changes. City Clerk- please have this read in public forum . I may not be able to speak because of internet problems with zoom. Page 14 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alex Dorotik DEPARTMENT: City Attorney's Office, City Clerk's Office DATE: February 16, 2021 SUBJECT: Updates to Title 2 Boards and Commissions DESCRIPTION: CB 04 - Amendment to Title 2 Boards and Commissions RECOMMENDATION: Staff recommends City Council approve, by Ordinance, updates regarding Title 2 Boards and Commissions. PREVIOUS COUNCIL ACTION: At the January 11, 2021 Study Session, Council reviewed and discussed revisions to the Board and Commission Handbook. The Board and Commission Handbook was approved with revisions on January 19, 2021. SUMMARY: The intent of this Ordinance is to provide the City Council with the greatest possible flexibility in assuring broad participation in boards, commissions and committees, and to allow the City Council to meet the current needs of such established bodies and the community. ANALYSIS: This Amendment will allow for Council to appoint non-voting alternate and youth members to boards and commissions and to clarify the roles of such members, giving Council maximum flexibility to appoint or not appoint such members. FINANCIAL IMPLICATIONS: N/A CONNECTION TO STRATEGIC PLAN: Governance - allowing for maximum efficiency and flexibility in ensuring participation in Boards and Commissions ALTERNATIVES: Council may approve this amendment to Title 2 and allow for/clarify the roles of alternate and youth members, or, Council may not approve this amendment and the status quo will remain for the appointment of board and commission members. Page 15 of 361 ATTACHMENTS: Council Bill #04 - Update to Title 2 Page 16 of 361 Page 1 of 3 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 04 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER SIERRA AN ORDINANCE AMENDING TITLE 2, BY ESTABLISHING CHAPTER 13A, REGARDING ESTABLISHMENT OF GENERAL POLICIES APPLICABLE TO ALL BOARDS AND COMMISSIONS, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1: Establishing Title 2, Chapter 13A. Title 2, Chapter 13A, is hereby established to set forth General Policies applicable to all boards, commissions and committees established within this Title 2. 2-13A-1: Authority of City Council to appoint non-voting alternate members and youth members to any standing body established by this Title 2. 1. The City Council is hereby authorized to appoint non-voting alternate members and youth members to any board, commission or committee established by this Titl e. Appointment of alternate and youth members may be within the same Resolution appointing regular members to such boards, commissions or committees, or may be by separate Resolution or regular motion. 2. Alternate members are permitted to vote when serving in the place of a regular member not in attendance at such meeting. 3. Youth members shall be voting members of any board, commission or committee to which they are appointed unless otherwise designated by action of the City Council. 4. The City Council may choose not to fill or to continue any alternate or youth positions not provided for within the specific enabling legislation of a board, commission or committee. 5. The intent of this section is to provide the City Council with the greatest possible flexibility in assuring broad participation in boards, commissions and committees, and to allow the City Council to meet the current needs of such established bodies and the community. Page 17 of 361 Page 2 of 3 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. The matters referenced within this Ordinance are not subject to enforcement action. 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 f irst reading on the 1st day of February, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 4th day of February, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 3rd day of February, 2021 for thirty (30) days. Read by Title and passed on final reading on the 16th day of February, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 18th day of February, 2021. Published by title on the City’s official website beginning on the 17th day of February, 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 Page 18 of 361 Page 3 of 3 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. ___, S eries of 2021. Stephanie Carlile Page 19 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: February 16, 2021 SUBJECT: Removal of Transportation Advisory Committee (ETAC) Alternate Member DESCRIPTION: Removal of Transportation Advisory Committee (ETAC) Alternate Member RECOMMENDATION: The Englewood Transportation Advisory Committee (ETAC) respectfully requests the City Council remove, by Motion, a member of the committee due to lack of attendance at our scheduled ETAC meetings. PREVIOUS COUNCIL ACTION: Alternate Member Plasters was appointed on July 1, 2019 by City Council SUMMARY: ANALYSIS: ATTENDANCE POLICY Attendance is reviewed based upon a twelve (12) month term (annual term) of service. The first year of the term of service begins on the first day of the first month of which the appointment occurred (first day of annual term) and concludes on the last day of the twelfth month following the first day of the annual term. All board, commission, and committee members shall be deemed to have regular attendance if they attend at least seventy-five percent (75%) of all meetings within each twelve (12) month term of service. No differentiation is made between excused or unexcused absences of members. Members who miss more than 60% of the meetings during any annual term may be removed upon recommendation of the Chair of the board, commission or committee, and action of the City Council. Members seeking reappointment, or appointment to another board, commission, or committee must have regular attendance verified. Verification shall be attested to by the Chair of such board, commission, or committee. REMOVAL OF MEMBERS Except as otherwise limited by applicable law or ordinance, the City Council may, by majority vote during a regular meeting, remove any of the appointed members of a City board, commission, or committee in accordance with Charter §53. Page 20 of 361 ATTACHMENTS: Englewood Transportation Advisory Committee Memo Page 21 of 361 Memo Englewood Transportation Advisory Committee (ETAC) To: Jackie McKinnon From: Neil Sarno, ETAC Chair CC: Lorraine Olguin, Maria D’Andrea Date: 1/19/2021 Re: Removal of ETAC Member Ms. McKinnon, The Englewood Transportation Advisory Committee (ETAC) respectfully requests the City of Englewood remove a member of the committee due to lack of attendance at our scheduled ETAC meetings. I, Neil Sarno, ETAC Chair offer this recommendation on behalf of the entire committee. ETAC requests removal of Alternate Member Breann Plasters from the committee. Her attendance record for the committee has been compiled by City Staff and is as follows: Alternate Member Plasters was appointed on July 1, 2019. Below is her attendance record: July 11, 2019 (no meeting) August 8, 2019 (no meeting) September 12, 2019 meeting - Absent October 10, 2019 (no meeting) November 14, 2019 meeting - Absent December 12, 2019 (no meeting) January 9, 2020 - Attended February 13, 2020 – Absent March 12, 2020 – Absent April 9, 2020 (no meeting) May 14, 2020 - Attended June 11, 2020 – Attended July 9, 2020 (no meeting) August 13, 2020 – Absent September 10, 2020 – Absent October 8, 2020 – Absent November 12, 2020 – Absent December 10, 2020 – Absent January 14, 2021—Absent Page 22 of 361 Memo Furthermore, an email was sent to Ms. Plasters on 10/29/20 asking if she wished to continue to participate in ETAC. I did not receive a response from Ms. Plasters. The lack of attendance by Member Platers exceeds ETAC's bylaws criteria for continuance as a member. According to ETAC Bylaws, which state “Any Committee member missing more than three (3) consecutive meetings without prior notice, in a calendar year, may be removed by the City Council. Any member missing a total of four (4) meetings in a calendar year, with or without prior notice, may be removed by the City Council. Prior notice is considered to be either a written or verbal statement to supporting staff members.” ETAC recommends the City remove Member Plasters and replace her with a new Alternate at the next cycle of interviews performed by the City for Boards and Committees. I am available if any further questions. Thank you for your consideration. Neil Sarno Page 23 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sara Siggue, Tim Hoos DEPARTMENT: Public Works DATE: February 16, 2021 SUBJECT: Renewal of 2020 Concrete Trip Hazard Elimination Contract DESCRIPTION: Renewal of 2020 Concrete Trip Hazard Elimination contract RECOMMENDATION: Staff recommends that the City Council approve, by motion, a renewal of the Concrete Trip Hazard Elimination contract with Precision Concrete Cutting for Pavement Maintenance Zone 3 work in the amount of $150,000. PREVIOUS COUNCIL ACTION: On May 4, 2020, the City Council approved a construction contract with Precision Concrete Cutting for Concrete Trip Hazard Elimination work in Pavement Maintenance Zone 2 in the amount of $200,000. SUMMARY: Precision Concrete Cutting uses a patented method of concrete saw cutting to remove trip hazards from sidewalk joints and bring sidewalks into compliance with ADA guidelines. The average removal time is 20 minutes per trip hazard. Precision's proposed rate for saw cutting is $36.95 per inch foot which is the same unit rate used in he 2020 contract. An inch foot is measured as the volume of concrete removed at each uneven panel location. Inch feet is calculated by adding the high point and low point of the raised sidewalk panel and dividing by two. This average height factor is then multiplied by the length of the repair. The cost of this repair is roughly 80% less than the cost to remove and replace the raised concrete panel. At an average price to remove and replace the concrete sidewalk of $10/SF, $150,000 worth of trip hazards eliminated by Precision's method results in a total savings of $475,000 in comparison to traditional concrete replacement methods. Given this significant cost savings over traditional remove-and-replace methods, as well as price comparisons with other communities where Precision has performed work, staff is confident that this is a reasonable cost for this work. Staff has conducted reference checks and all have come back favorable. Precision Concrete Cutting performed this same work for the City in 2020 and the results were excellent. ANALYSIS: The proposed contract renewal for 2021 consists of concrete trip hazard elimination work primarily in Pavement Maintenance Zone 3. Page 24 of 361 The city uses the following criteria to evaluate sidewalks and other concrete infrastructure such as curb & gutter and cross pans when determining the need for repairs: • Good (Rating=1); displacement of less than 1/2", minor cracking & chipping; no corrective action needed at this time • Acceptable (Rating=2); displacement less than 3/4", some cracking & chipping • Marginal (Rating =3); displacement greater than 3/4" but less than 1", cracks greater than 1/4", significant surface spalling • Unsatisfactory (rating=4); displacement greater than 1", cracks greater than 1/2" This project will complete the scheduled Zone 3 concrete trip hazard maintenance for the year 2021. This work will repair all sidewalk trip hazards between 1/2" and 1" in height for the entire zone and will serve to protect pedestrians who use the sidewalks. It is not recommended to cut trip hazards larger than 1" due to the reduced thickness of concrete that is left and potential for future concrete breakage. Trip hazards greater than 1" , as well as any other segments that are rated as Marginal or Unsatisfactory, will be corrected by removing and replacing the sidewalk panel through a separate contract. Bidding & Selection Process: A proposal was solicited from Precision Concrete Cutting to remove all trip hazards greater than 1/2" and less than 1" in height, in Zone 3. • Precision Concrete Cutting performed a survey of the visible trip hazards in a portion of the Zone 3 area to determine the expected volume of concrete cutting necessary to remove all trip hazards in this height range. • Precision Concrete Cutting submitted a proposal to perform all trip hazard elimination work in Zone 3 for a unit price of $36.95 per inch foot at a total, not-to-exceed cost of $150,000. • Precision Concrete Cutting uses a proprietary, patented method to remove the trip hazards that is superior to other companies who grind the concrete to remove the tripping hazard. Precision's process results in a much more consistent look with each cut that meets ADA standards and is also aesthetically pleasing. Project Schedule The anticipated start of construction is late February. Per the contract renewal terms, all work must be completed no later than September 30, 2021. Project Communication As the work proceeds, Precision will distribute a letter or post card to all affected property owners in advance of the start of work on a particular city block. The notification will be shared with City Council, via the weekly Council Update, at or around the same time as the letters begin to be distributed to property owners. Staff will work closely with Precision on the content and distribution process. FINANCIAL IMPLICATIONS: The same unit price - $36.95 per inch foot - will be utilized for the 2021 contract as was quoted for the 2020 contract. Page 25 of 361 Sufficient funding for this work is available in the Concrete Utility budget as shown on the attached Contract Approval Summary form. CONNECTION TO STRATEGIC PLAN: This project is in alignment with the Infrastructure outcome area of the Strategic Plan. ALTERNATIVES: The alternative to not performing the trip hazard elimination work using Precision Concrete Cutting's proprietary process would be to remove and replace the raised concrete panels using traditional concrete replacement methods. The cost for this would be expected to exceed $600,000 which is roughly 80% higher than the cost to use Precision Concrete Cutting's method to remove the trip hazards. CONCLUSION: The Precision Concrete Cutting process will result in the removal of all sidewalk trip hazards in Zone 3 between 1/2" and 1" in height at a cost that is roughly 80% less than traditional concrete removal and replacement methods. Based on the 2020 work performed by Precision Concrete Cutting, staff is satisfied that they will perform this work in accordance with the contract agreement. Staff recommends approving a Renewal Agreement with Precision Concrete Cutting in an amount not to exceed $150,000.00 for the 2021 Sidewalk Trip Hazard Elimination Program. ATTACHMENTS: Contract Approval Summary Precision Concrete Cutting Proposal Contract Renewal Agreement Original Professional Services Agreement City's Concrete Evaluation Criteria Page 26 of 361 Contract Approval Summary 10/11/2019 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: Sara Siggue Phone: (303) 762-2525 Title: Capital Project Engineer Email: ssiggue@englewoodco.gov Vendor Contact Information Vendor Name: Precision Concrete Cutting Vendor Contact: Wayne Hobbs Vendor Address: 745 Vallejo St Vendor Phone: (303) 330-3398 City: Denver Vendor Email: waynehobbs@safesidewalks.com State: CO Zip Code: 80204 Contract Type Contract Type:Construction Agreement Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☒Copy ☐Addendum(s) ☒Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: February 2021 End Date: October 2021 Total Years of Term: n/a Total Amount of Contract for term (or estimated amount if based on item pricing): $150,000.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): The City will pay Vendor for the work in accordance with the monthly invoices for work completed to date. Monthly payments will be made upon verified work completed and the approval of the invoice. Attachments: ☐Copy of original Contract if this is an amendment The City of Englewood will conduct its 2021 Sidewalk Trip Hazard Elimination project. This contract will have the contractor perform concrete cutting to remove all trip hazards between ½” and 1” in height in Pavement Maintenance Zone 3. Page 27 of 361 Contract Approval Summary 10/11/2019 Page | 2 ☒Copies of related Contracts/Conveyances/Documents 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: ☐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 ☒Sole Source: Explain Need below ☐Other: Please describe Precision Concrete Cutting performs a specialized process not comparable to other types of trip hazard elimination work. Page 28 of 361 City of Englewood Trip Hazard Mitigation Presented to: The City of Englewood February 2021 CONTACT: Wayne Hobbs MOBILE: (303) 330-3398 Email: waynehobbs@safesidewalks.com The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited. #327812 Page 29 of 361 COST SAVINGS We’ll repair your sidewalks for 70-90% less than sidewalk replacement, which means you can do more for your community for less. A.D.A. SPECIFICATIONS Patented technology that helps bring sidewalks into ADA compliance CLEAN Our patented containment system captures dust and debris to bring you the cleanest process available. SAFE Decrease liability on your pedestrian walkways DETAILED REPORTING We track our jobs with honesty and integrity. Invoices show measurements, locations and cost for each hazard. LOW IMPACT Efficient systems with an average removal time of 20 minutes, no sidewalk closures. FULL SERVICE CONTRACTOR Complete GIS integration, mapping, etc. COMMITMENT SUMMARY ENVIRONMENTAL IMPACT EXAMPLE: As a member of the U.S. Green Building Council (USGBC) we are proud of the fact that we reduce the impact to landfills and the environment as a result of our service.Removing and replacing 100 panels would result in approximately 118,500 pounds or 59 tons of concrete being removed (average panel weight of 1185 pounds) Using Precision Concrete Cutting for 100 trip hazards results in 0.3 tons of concrete removed and recycled, approximately 141 gallons of gasoline saved, and a reduction of 1.3 metric tons of Co2. Page 2 https://vimeo.com/390069305 https://vimeo.com/safesidewalks/video Password: sidewalk0221 Page 30 of 361 Colorado Cities we do business with Page 3 Thornton, Loveland, Littleton, Greeley, Broomfield, Fort Collins, Boulder, Longmont, Westminster, Greenwood Village, Salida, Telluride, Edgewater, Federal Heights, Bennett, Limon, Fruita, Estes Park, Rifle and others. We also do a substantial business with Parks and Recreation, Universities, Schools, Churches, HOA and Apartments. Page 31 of 361 Precision Concrete Cutting Specifications Page Basics: Precision Concrete Cutting is a trip hazard repair company that has a proprietary and patented method of repairing uneven sidewalks. Its uniquely engineered equipment is quick and leaves a finished surface guaranteed to conform to the strict regulations fo the Americans with Disabilities Act. Scope: We will repair all sidewalk trip hazards from 1/4” and up in designated work areas. We can take care of trip hazards above 2” upon request of the customer, but our standard is to go up to 2”. The City of Englewood has elected to focus their project on the hazards between 1/2” and 1.” We cut on a 1:12 ratio, which exceeds the ADA Compliance requirements. For each 1/8th inch the panel is raised, we cut 1 1/2” as the slope. We completely and immediately clean up all debris after each hazard is repaired. All costs incurred for disposal of waste material shall be included in unit cost. All concrete and debris is recycled in a proper, environmentally safe manner. Our dust abatement vacuums feature trip motors to capture dust. Page 32 of 361 Precision Concrete Cutting Specifications Page Page 33 of 361 Precision Concrete Cutting Specifications Page Page 34 of 361 Precision Concrete Cutting Specifications Page Page 35 of 361 The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. Any copying or unauthorized disclosure of this information is prohibited. PROGRAM OPTIONS Page 4 -1:12 Slope Ratio
 -Dust Abatement Used
 -ADA Specifications
 -100% Clean-up / Waste Removal -Trip Hazard Survey Included Price Per Inch Foot $36.95 Page 36 of 361 Projected 2021 Hazards Repaired for $150,000 Total Trip Hazard Repairs Cost Using R&R Cost Savings with PCC Cost Using PCC 2,500 $625,000 -$475,000 $150,000 Based on an average panel size and an estimated replacement cost, we estimate the cost to remove and replace 2,500 trip hazards (approx. 62,500 square feet) is $625,000. Total cost using Precision Concrete Cutting is $150,000, an estimated savings of $475,000. Cost Savings 25% 75% PCC COST SAVINGS Page 5Page 37 of 361 Page 2021 Mitigation Area: Zone 3 2 5 1 4 5 3 5 5BroadwayDelaware LoganClarksonDowningFranklinFederalSanta Fe DriveP la tt e R iv e r D riv eZuniTejonRaritan UniversityGilpinL e h o w WindermereBroadwayHickoryLowellIrvingEva ns Ili ff Dar tmouth Pre ntice Bellev iew Chenang o Tu fts Harv ard Yale US 2 85 Amhe rst Dar tmouth Flo yd US 28 5 Ken yon M ansfie ld Oxfo rd Qu incy St anford Unio n Che na ngo Bellevi ew U ni on PRINTED: 2019-01-10 10:41 DRAWN BY: JDL Pavement Management Zones ¶N January 10, 2019 Page 38 of 361 THE PRECISION CONCRETE CUTTING DIFFERENCE Our patented technology and innovative sidewalk repairs process leaves you with a beautiful, smooth surface that is ADA compliant — a result you can’t get with grinding. Plus, our method saves you money! The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. 
 Any copying or unauthorized disclosure of this information is prohibited. Page 6Page 39 of 361 PRECISION CONCRETE CUTTING REPAIRS The information in this summary is confidential, and is to be used only by the intended recipient and Precision Concrete Cutting in evaluating the project. 
 Any copying or unauthorized disclosure of this information is prohibited. Page 8Page 40 of 361 1 SUPPLEMENTAL AGREEMENT #1 TO THE CONTRACT FOR CONSTRUCTION (CFC/20-30) OF MAY 18, 2020 BETWEEN PRECISION CONCRETE CUTTING AND THE CITY OF ENGLEWOOD FOR CONCRETE TRIP HAZARD MITIGATION THIS SUPPLEMENTAL AGREEMENT #1 to the Contract for Construction dated May 18, 2020, made and entered into on this ________ day of ___________________, 2020 by and between the City of Englewood hereinafter referred to as “City” and Precision Concrete Cutting, hereinafter referred to as “Contractor” and collectively referred to as the “Parties”. WHEREAS, on May 18, 2020 the Parties entered into a Contract for Construction (“CFC”) wherein the Contractor would undertake concrete trip hazard mitigation on public sidewalks in the City; WHEREAS, the work included the removal or mitigation of any sidewalks that presented a trip hazard to pedestrians primarily in Pavement Management Zone 2; WHEREAS, the work included the cutting and grinding of individual sidewalk panels to align the sidewalk and to prevent a tripping hazard; WHEREAS, the Contractor uses a proprietary method unique to the removal of trip hazards and to bring City sidewalks in compliance with the Americans With Disabilities Act, ("ADA"); WHEREAS, pursuant to Section 3.6 of the CFC, the parties may enter into a Supplemental Agreement for additional work and pricing which was not provided in the original proposal; WHEREAS, on May 18, 2020 the Englewood City Council Resolution No. 18, Series of 2020 approving the CFC as an Optimal Source contract pursuant to Section 116(b) of the Englewood Charter, and Section 4-1-3-1 of the Englewood Municipal Code 2000; WHEREAS, due to the proprietary method used by the Contractor the City desires to renew the CFC for the 2021 fiscal year for the removal and mitigation of any sidewalks that present a trip hazard primarily in Pavement Management Zone 3; WHEREAS, during the past year the Contractor completed all of the original contract work under the time frame stipulated in the Contract; WHEREAS, the Contractor has responded to resident and staff concerns in a timely and professional manner; Page 41 of 361 2 WHEREAS, the Parties will continue to operate and abide by the terms and conditions of the Contract for Construction CFC/20-30, Special Construction Requirements and General Conditions of the Contract entered into by the Parties on May 18, 2020, and; WHEREAS, the Parties have agreed to a new Schedule A - Outline of Statement of Work, attached hereto as Exhibit 1 NOW, THEREFORE, City and the Contractor agree to this Supplemental Agreement #1 as follows: I. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto and incorporated herein outlines the understanding and performance that each Party shall provide to each other pursuant to the terms and conditions of the CFC. II. COMPENSATION Compensation for the services described in the Statement of Work, attached hereto, shall be set at an amount not to exceed $150,000.00 at the unit price described in the Statement of Work, attached hereto. IN WITNESS WHEREOF, the City and Representatives do hereby execute this Supplemental Agreement #1 to the Contract for Construction (CFC/20-30), of May 18, 2020. CITY OF ENGLEWOOD, COLORADO By: __________________________________ Date:_______________________________ Director of Public Works By: __________________________________ Date:_______________________________ Linda Olson, Mayor By: __________________________________ Date:_______________________________ J. Shawn Lewis, City Manager Attest:_______________________________________________ Stephanie Carlile, City Clerk Page 42 of 361 3 PRECISION CONCRETE CUTTING By: __________________________________ Signature Title: _____________________________________________ Date:______________________________ (INTENTIONALLY LEFT BLANK) Page 43 of 361 4 SCHEDULE A OUTLINE OF STATEMENT OF WORK FOR SUPPLEMENTAL AGREEMENT #1 TO THE CONTRACT FOR CONSTRUCTION (CFC/20-30) DATED MAY 18, 2020 1. GENERAL The City of Englewood is renewing the contract for the services of Precision Concrete Cutting. to perform trip hazard elimination work. The original contract was to perform trip hazard elimination work primarily in Pavement Management Zone 2, while the renewed contract will have Precision Concrete Cutting performing trip hazard elimination work primarily in Pavement Management Zone 3. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Wayne Hobbs Tim Hoos Precision Concrete Cutting. City of Englewood Project Manager Capital Project and Engr. Manager (303) 330-3398 (303) 762-2503 waynehobbs@safesidewalks.com thoos@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The work to be performed under these documents, consists of furnishing all labor, tools, equipment, traffic control, flaggers, materials, and supplies necessary for the trip hazard elimination work. Trip hazard elimination includes all trip hazards between ½” and 1” in height between two adjoining concrete sidewalk sections. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Precision Concrete Cutting will perform trip hazard elimination work for all trip hazards between ½” and 1” in height at a fixed unit price of $36.95 per inch foot at a total, not-to- exceed cost of $150,000. Inch feet is the volume of concrete removed at each uneven sidewalk panel location. Inch feet shall be calculated by adding the high point and low point of the raised panel and dividing by two. This average height factor is then multiplied by the length of the repair to determine the inch feet amount at each location. 7. SPECIAL TERMS, IF ANY All work shall be completed by September 30, 2021. Page 44 of 361 5 8. MODE OF PAYMENT Payment will be made by Check or ACH. 9. PAYMENT SCHEDULE Monthly payments will be made upon work completed and accepted by the City of Englewood Project Manager for previous month. 10. SCHEDULE AND PERFORMANCE MILESTONES Precision Concrete Cutting shall perform the work in order to complete all work at locations identified in Pavement Management Zone 3 by September 30, 2021. 11. ACCEPTANCE AND TESTING PROCEDURES Per COE Inspection and acceptance. 12. LOCATION OF WORK FACILITIES Vendor at its regular office located at 745 Vallejo St , Denver, CO 80204 and will conduct substantially all of the work. IN WITNESS WHEREOF, pursuant and in accordance with the Contract for Construction Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work for Supplemental Agreement #1 as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ PRECISION CONCRETE CUTTING Consultant Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 45 of 361 i CONSTRUCTION CONTRACT AGREEMENT CONTRACT # CFC/ 20-30 $200,000.00 THIS CONSTRUCTION CONTRACT AGREEMENT (“Agreement”) is made and entered into effective this 18 day of 20 , (“Effective Date”), by and between the CITY OF ENGLEWOOD, a Colorado home rule municipality whose address is 1000 Englewood Parkway, Englewood, Colorado 80110, (“City”), and Precision Concrete Cutting (“Contractor”) whose principal address is 745 Vallejo Street, Denver, CO 80204. WHEREAS, the City desires to retain the services of Contractor, and Contractor desires to provide the services to the City. NOW THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement, the sufficiency of which is hereby acknowledged, the parties agree as follows: I.PROJECT. A.Project. Contractor shall commence and complete the 2020 Concrete Trip Hazard Mitigation, PW 20-19 (“Project”), in accordance with the Contract Documents, as defined below. Project Name Project-Number Contractor shall, at its own expense, do all Work in a professional and workmanlike manner and furnish all labor, materials, tools, supplies, machinery, utilities, permits, licenses, and other equipment and documents that may be necessary for the completion of the Project. B.Commencement and Completion of the Project. Contractor understands and agrees that all Work required under this Agreement shall be fully completed, as set forth in the Contract Documents, within 150 calendar days of the date of the Notice to Proceed. Contractor acknowledges and understands that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Work that will result in the completion of the Project in accordance with the Contract Documents, and to that end, Contractor agrees to proceed with all due diligence to complete the Work in a timely manner in accordance with the Contract Documents. C.Contract Documents; Priority. The term “Contract Documents” includes the following documents, set forth below, and incorporated herein. In resolving inconsistencies among the two or more of the Contract Documents, precedence will be given in the same order as enumerated here. 1. Construction Contract Agreement; 2. Special Construction Requirements 3.General Conditions; 4.Notice to Proceed; May 20 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 46 of 361 ii 5. Change Orders (by date); 6. The Following Drawings; as contained in the Invitation to Bid: N/A_______________________________________________ Number Title Date 7. Contractor’s Bid Proposal and any Acknowledged Addenda. II. COMPENSATION. A. Contract Price. As compensation for performance of the Work described in the Contract Documents and any other obligations under this Agreement, the City will pay Contractor, for work actually performed, a sum not to exceed Two Hundred Thousand and 00/100 Dollars ($200,000.00), subject to Change Orders, executed in accordance with the Contract Documents. III. NOTICES. Except for routine communications and as provided in the General Conditions, written notices required under this Agreement and all other correspondence between the parties will be directed to the following and will be deemed received when hand-delivered or three (3) days after being deposited in the United States Mail, first class, postage pre-paid unless the parties agree to electronic delivery of correspondence: If to the City: If to the Contractor: City Contact/Title Wayne Hobbs, Colorado Manager Department Precision Concrete Cutting 1000 Englewood Parkway 745 Vallejo Street Englewood, Colorado 80110 Denver, CO 80204 E-Mail Address waynehobbs@safesidewalks.com IV. MISCELLANEOUS CONDITIONS. A. Authority. The parties represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this Agreement for the parties and to bind the parties to its terms. The signatories represent and warrant that each has legal authority to execute this Agreement for the party he or she represents and to bind that party to its terms. B. Counterparts. This Agreement may be executed in any number of counterparts, each deemed to be an original, and, taken together will constitute one and same instrument. C. Entire Agreement. By signing this Agreement the Contractor acknowledges, accepts and is hereby bound by the Agreement, its attachments and/or exhibits, including those listed in I (C) above, and that this is the entire understanding of the parties relating to the subject matter of this Agreement. All prior and contemporaneous agreements and understandings, whether oral or written, are superseded by this Agreement and are without effect nor do they vary DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 47 of 361 iii or alter any terms or conditions of this Agreement. Any alterations or amendments to the Special Conditions or General Conditions shall have no force or effect unless agreed to in writing by the Parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date, first above written. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C 5/19/2020 Page 48 of 361 iv SPECIAL CONSTRUCTION REQUIREMENTS – CFC/20-19 1.0 Specification Basis. Engineering specifications for this Project shall be the latest editions of the following except as modified by the Contract Documents for this project and all other local, state, and federal requirements: • Design and Construction Standards and Specifications for the City of Englewood, Colorado, as amended • City of Englewood Colorado Storm Drainage Criteria Manual, as amended • Colorado Department of Transportation Standard Specifications for Road and Bridge Construction, sections 200-700, as amended • Colorado Department of Transportation M&S Standard Plans, as amended • Manual on Uniform Traffic Control Devices for Streets and Highways, and the latest revision of the Colorado Supplement, thereto, as amended The presence of a conflicting provision in any article, paragraph or subparagraph shall not have any effect on any provisions of the same article, paragraph, or subparagraph which do not conflict and such other provisions shall remain in full force and effect. The more restrictive provisions shall govern. 2.0 Detailed Plans and Specifications. The detailed plans and specifications designated _Precision Concrete Cutting Bid #: CO37756WH and addendum(s) included herein, shall govern the materials to be furnished, and the work to be performed in the execution of the contract. 3.0 Right to Reduce Scope of Contract. The City of Englewood reserves the right to delete portions of the work if the bid exceeds available funding. 4.0 Estimated Quantities. The Contractor agrees, accepts, and acknowledges that the quantities set forth on the Bid Schedule are only approximate and that during the progress of the work, the City may find it advisable and shall have the right to omit portions of the work and to increase or decrease the quantities and reserves the right to add to or take from any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed. 5.0 Construction Permits. All construction permits necessary for this project shall be the responsibility of the Contractor to acquire from the City of Englewood, 1000 Englewood Parkway, Englewood, Colorado 80110, at no cost, or from the Colorado Department of Transportation for projects within the right-of-way of Belleview Avenue, Federal Boulevard, or South Santa Fe Drive. 6.0 Substitutions. Substitution of specified materials shall be submitted for review and approval prior to bid opening. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 49 of 361 v 7.0 Traffic Control. All traffic control plans are to be submitted by the Contractor and approved by the City of Englewood Traffic Engineer prior to the start of construction. TCS shall be present of site or be available at all times during the duration of the project. All high profile traffic areas that are identified as critical routes or streets may require alternate traffic control approvals from other City departments or entities, as well as abnormal or adjusted work hours. The Project Engineer and City of Englewood Traffic Division have identified these areas as follows: • _N/A • • • 8.0 Closing of Streets. No street or alley shall be closed to the public by the Contractor except as authorized by the Project Engineer and in accordance with procedures outlined herein. Whenever, in the prosecution of the work, the Contractor finds it necessary to close a street to traffic, he/she shall advise the Police and Fire Departments forty-eight (48) hours in advance of the time when the street will require closing. The forty-eight (48) hour notice will be required in all cases involving the normal prosecution of the work and convenience of the Contractor. At least twenty- four (24) hours prior to commencement of the work, the Contractor shall furnish and install approved “No Parking” signs, giving the day of the week; i.e. “No Parking in this block on Thursday.” At time of posting verbal notice of intent shall be given to occupants of premises involved. In cases of emergency, involving conditions over which the Contractor has no control, the street may be closed. In these cases, the Contractor is required to immediately notify the Police and Fire Departments and the Project Engineer. 9.0 Detours. Wherever streets or alleys are closed as provided herein, it will be the sole responsibility of the Contractor to adequately mark and light the detours as determined by the Contractor and the Project Engineer after consultation with the Police and Fire Departments, Traffic Engineer, and in accordance with standard details indicated on plans for the project. 10.0 Street and Traffic Signs. In the event that any stop signs or traffic direction signs are required to be removed during the progress of construction and traffic is permitted across the intersection so affected, the Contractor shall furnish such portable signs or other protections as may be necessary for the proper handling of traffic, including the furnishing of flagmen at particularly dangerous intersections. No separate payment will be made to the Contractor for this protection. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 50 of 361 vi 11.0 School Zones. Work at these locations will require additional coordination with the City of Englewood. Contractor may be limited to certain working hours in these areas. This additional coordination and scheduling efforts will not be paid separately, but shall be included in the total value of the contract. The following locations have been identified as school zones for on this project: • N/A • • • • 12.0 Staging. The use of City of Englewood rights-of-way for staging is strictly forbidden. Staging is defined as the storage of material, equipment, or vehicles outside of the normal working area allowed per the permit. The Contractor shall provide for full containment of all labor, material and equipment within the work zone limits, and shall protect adjacent traffic and/or obtain traffic control if required. 13.0 Floodplain Areas. All work located in an identified floodplain area will require the Contractor to apply for a Floodplain Development Permit from the City of Englewood. Costs associated with the permit will be covered by the City of Englewood. Identified Floodplain areas for this project are as follows: • N/A • • 14.0 Supervision of Work. The Contractor shall provide and continually maintain on the work site during the project’s progress, adequate and competent supervision of all operations for and in connection with the work being performed under this Contract, either personally or by a duly authorized superintendent or other representative. The superintendent or other representative of the Contractor on the work shall be fully authorized to act for the Contractor and receive direction given by the Project Engineer. 15.0 Relations with Other Contractors. The Contractor shall cooperate with all other contractors, including construction personnel from the City Public Works and Utilities Departments, as well as other public utility personnel, who may be performing other work at or in the vicinity of the project subject to this contract. Any conflict which may arise between the Contractor and such other contractors or personnel in regard to their work shall be adjusted as determined by the Project Engineer. If the work of the Contractor is delayed because of any acts or omissions of other contractors or personnel, the Contractor shall have no claim against the City other than for an extension of time to complete the project. When work under more than one contractor is being executed at the same time in such a manner that work on one contract may interfere with the performance of another contract, the Project Engineer shall decide which contractor shall continue work and which shall cease work, or whether the work on both contracts DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 51 of 361 vii shall progress simultaneously and in what manner. The privilege of access for the transport of personnel, equipment or materials from one project area to another project area may be granted by the Project Engineer, to the extent, manner and time which may be necessary. 16.0 Accident Prevention. The Contractor shall to the Project Engineer full information in advance as their plans for carrying out any part of the work. If at any time before the beginning or during the progress of the work, any part of the Contractor’s plan or equipment or any of their methods of executing the work appear to the Project Engineer to be unsafe, inefficient, or inadequate to insure the required quality, rate of progress or safety of the work, the Project Engineer may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Project Engineer to issue such orders shall relieve the Contractor from their obligations to secure the degree of safety, the quality of work, and the rate of progress required by the Contract. The approval of the Project Engineer of any plan or method of work proposed by the Contractor shall not be considered as an assumption by the City, or any officer, agent or employee thereof, of a risk or liability, and the Contractor shall have no claim under this Contract for the failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the Project Engineer has no objection to the Contractor’s use or adoption, at his own risk and responsibility, of the plan or method so proposed by the Contractor. 17.0 Suggestions to Contractor. Any plan or method of work suggested by the Project Engineer, or his representative, to the Contractor, shall be used at the risk and responsibility of the Contractor; and the Project Engineer and the City will assume no responsibility therefore. 18.0 Preconstruction Meeting. A preconstruction meeting shall be held by the Contractor with the City of Englewood, the Project Engineer, and any other project staff to outline and identify the following: • Project Schedule including working hours during the day/week • Traffic control plan • Permit requirements • Coordination and communication protocol • Contractor’s Superintending including 24/7 contact information • Submittal requirements • Erosion control plan • Final inspection and Project Closeout Contractor shall contact any customers of planned service outages or access restrictions at least forty-eight (48) hours prior to any planned service outage. Contractor shall also distribute City provided door hangers to each of the impacted residences or businesses. The City shall review and approve all notice material prior to distribution. 19.0 Project Signage. The Contractor shall be responsible for the manufacture and placement of project signs with the assistance of the Project Engineer. The signs may be moved from time to time as the project progresses and care shall be taken in their handling to assure their continued DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 52 of 361 viii good appearance. Damaged or defaced signs shall be replaced at the Contractor’s expense. No payment shall be made for the rental, manufacture, placement, moving, or replacing these signs. 20.0 Monuments, Benchmarks, Stakes. The Contractor shall be held responsible for the proper preservation of all monuments, bench marks, reference points, and stakes. The City of Englewood Project Engineer will identify these if possible. In the event that the location is not identified in the scope of work, the Contractor shall notify the City of Englewood Project Engineer immediately to record and approve the removal. Known locations of monuments, benchmarks, and stakes for this project are as follows: • N/A • The Contractor shall provide the following services on an ongoing basis throughout the duration of the project: (a) A contact person for the project shall be designated by the Contractor at the preconstruction conference. This individual shall be primarily responsible for maintaining communications with the City’s designated representative and impacted residents/businesses; provide information on a regular basis to private individuals, local organizations interested in the project and the affected agencies. (b) The following agencies shall be coordinated with on an ongoing basis: • City of Englewood • Denver Fire Department • Englewood Police Department • Adjacent Businesses and Residences • Adjacent schools and educations institutions • RTD • Union Pacific Railroad – If necessary • Colorado Department of Transportation – If necessary All costs incidental to the foregoing requirements will not be measured and paid for separately, but shall be included in the total value of the contract. 21.0 Lowering Water Services. When directed by the Project Engineer, water services encroaching on the construction site shall be lowered to conform to requirements of the cross- section and other constructions details. This work shall be performed by the City of Englewood Utilities Department. Any work involving the cutting or tapping of water mains in connection with this project or with other items in the Contract shall be done by the City of Englewood Utilities Department. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 53 of 361 ix 22.0 Relocation of Curb Stops and Water Meters. Should either of these items be encountered during the course of construction, proper notice shall be given to the Project Engineer. Upon receipt of notice, the City of Englewood Utilities Department will take immediate steps to remove, relocate or adjust the obstacle. 23.0 Relocation of Fire Hydrants. Fire hydrants which interfere with construction will be relocated by the City of Englewood Utilities Department. 24.0 Utility Adjustments. The Contractor shall adjust all manholes, cleanouts and valve boxes to finish grade. 25.0 Holidays recognized by the City of Englewood. • New Year’s Day • Martin Luther King Day • President’s Day • Memorial Day • Independence Day • Labor Day • Veteran’s Day • Thanksgiving Day • Day after Thanksgiving • Christmas Day When New Year’s Day, Independence Day, or Christmas Day falls on a Sunday, the following Monday shall be considered a holiday. When one of these days falls on a Saturday, the preceding Friday shall be considered the holiday. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 54 of 361 x GENERAL CONDITIONS OF THE CONTRACT TABLE OF CONTENTS Article 1. DEFINITIONS AND INTERPRETATION .............................................................................. 1 1.1 Definitions .............................................................................................................................. 1 1.2 References ............................................................................................................................. 4 1.3 Intention of Terms ................................................................................................................. 4 1.4 Computation of Time ............................................................................................................. 4 1.5 Abbreviations ......................................................................................................................... 4 1.6 Interpretation ......................................................................................................................... 5 Article 2. PRELIMINARY MATTERS ................................................................................................ 6 2.1 Delivery of Bonds and Evidence of Insurance ........................................................................ 6 2.2 Notice to Proceed .................................................................................................................. 6 2.3 Authority of the City Manager ............................................................................................... 6 2.4 Plans and Specifications ......................................................................................................... 6 2.5 Special Work .......................................................................................................................... 6 2.6 Pre-Construction Meeting ...................................................................................................... 6 2.7 Contractor’s Understanding of Work ..................................................................................... 7 2.8 Contractor’s Representation .................................................................................................. 7 2.9 Other Work ............................................................................................................................ 7 2.10 Notices ................................................................................................................................... 7 2.11 Contractor’s Signs .................................................................................................................. 7 2.12 Publicity and Advertising ........................................................................................................ 7 Article 3. PAYMENTS ................................................................................................................... 7 3.1 Measurement of Work Performed ........................................................................................ 7 3.2 Payments to Contractor and Completion .............................................................................. 7 3.3 Appropriate of Funds ........................................................................................................... 12 3.4 Payment for Increased or Decreased Quantities ................................................................. 12 3.5 Payment for Omitted Items ................................................................................................. 12 3.6 Extra and Force Account Work ............................................................................................ 12 3.7 Partial Payments .................................................................................................................. 13 3.8 Taxes / Direct Purchase Option ............................................................................................ 13 3.9 Liens ..................................................................................................................................... 14 3.10 Deductions ........................................................................................................................... 15 Article 4. COMPLETION, TIME and DELAYS IN CONSTRUCTION .................................................... 15 4.1 Delays ................................................................................................................................... 15 4.2 Construction Schedule ......................................................................................................... 15 4.3 Subcontracting or Assigning of Contract .............................................................................. 16 4.4 Commencement of Work ..................................................................................................... 16 4.5 Limitation of Operations ...................................................................................................... 16 4.6 Progress Schedule ................................................................................................................ 16 4.7 Character of Workman and Equipment ............................................................................... 17 4.8 Suspension of Work ............................................................................................................. 17 4.9 Suspension of Work for City’s Convenience ........................................................................ 18 4.10 Suspension of Work Due to Order of City, County, State or Federal Court or Agency ........ 18 4.11 Suspension of Work Resulting from Contractor’s Failure to Perform ................................. 18 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 55 of 361 xi 4.12 Contract Time ....................................................................................................................... 18 4.13 Liquidated Damages ............................................................................................................. 19 4.14 Adjustment for Suspended Work ......................................................................................... 20 4.15 Termination of Contract ....................................................................................................... 20 4.16 Termination for Cause.......................................................................................................... 20 4.17 Termination for Convenience of Owner .............................................................................. 21 4.18 Cooperation with Other Contractors ................................................................................... 23 4.19 Terminating of Contractor’s Responsibility ......................................................................... 24 Article 5. PROJECT AND CONSTRUCTION MANAGEMENT ............................................................ 24 5.1 Authority of Project Engineer or Project Manager .............................................................. 24 5.2 Communications .................................................................................................................. 24 5.3 Supervision ........................................................................................................................... 24 5.4 Contractor Performance ...................................................................................................... 25 5.5 Work Performed Under Adverse Weather Conditions ........................................................ 25 5.6 Use of Materials Found on the Work Site ............................................................................ 25 5.7 Final Cleaning Up .................................................................................................................. 25 5.8 Surveys ................................................................................................................................. 25 5.9 Lines and Grades .................................................................................................................. 26 5.10 Value Engineering ................................................................................................................ 26 5.11 Sanitary Regulations............................................................................................................. 26 5.12 Staging and Storage ............................................................................................................. 26 5.13 Salvage ................................................................................................................................. 27 5.14 Materials and Equipment Furnished by the Contractor ...................................................... 27 5.15 Substitution of Materials and Equipment ............................................................................ 27 5.16 Cutting and Patching ............................................................................................................ 28 5.17 Samples and Testing ............................................................................................................ 28 5.18 Property Rights in Materials ................................................................................................ 29 Article 6. CHANGES IN THE WORK .............................................................................................. 29 6.1 Changes and Increased or Decreased Quantities of Work .................................................. 29 6.2 Adjustments to Contract Price ............................................................................................. 35 6.3 Omitted Items ...................................................................................................................... 37 6.4 Work Not Specified But Included ......................................................................................... 37 6.5 Extra Work – Force Account................................................................................................. 37 6.6 Unauthorized Work .............................................................................................................. 37 Article 7. SUBCONTRCTORS, SUPPLIERS AND PERSONNEL ........................................................... 37 7.1 Subcontractors ..................................................................................................................... 37 7.2 Workforce ............................................................................................................................ 38 7.3 Illegal Aliens as Laborers ...................................................................................................... 38 7.4 Personnel & Civil Rights ....................................................................................................... 39 Article 8. INSPECTIONS; CORRECTION OF DEFECTS ...................................................................... 40 8.1 Defective Work and Materials ............................................................................................. 40 8.2 Substituted Performance ..................................................................................................... 41 8.3 Authority and Duties of Inspectors ...................................................................................... 41 8.4 Inspection ............................................................................................................................. 41 8.5 Removal of Defective and Unauthorized Work ................................................................... 42 8.6 Geotechnical and Other Design Professional Reports, Investigations & Tests .................... 43 Article 9. PROTECTION OF PERSONS, PROPERTY AND ENVIRONMENT ......................................... 43 9.1 Protection of Persons ........................................................................................................... 43 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 56 of 361 xii 9.2 Protection of Property ......................................................................................................... 44 9.3 Protection of Historical Sites ................................................................................................ 44 9.4 Responsibility to Repair ....................................................................................................... 44 9.5 Traffic Control ...................................................................................................................... 44 9.6 Protection of Street Signs, Traffic Signs and Signals ............................................................ 46 9.7 Utilities ................................................................................................................................. 46 9.8 Coordination with Englewood Utilities ................................................................................ 46 9.9 Notification of Affected Utility and Property Owners ......................................................... 46 9.10 Pollution Control .................................................................................................................. 46 9.11 Public Convenience and Safety ............................................................................................ 47 9.12 Use of Explosives .................................................................................................................. 47 9.13 Restoration of Property ....................................................................................................... 47 Article 10. PERMITS AND LICENSES; COMPLIANCE WITH CURRENT LAWS ...................................... 47 10.1 Compliance with Laws, Licenses and Permits ...................................................................... 48 Article 11. BONDS ....................................................................................................................... 49 11.1 Bonds.................................................................................................................................... 49 Article 12. WARRANTY ................................................................................................................ 49 12.1 Scope of Warranty ............................................................................................................... 49 12.2 Owners Right to Correct ....................................................................................................... 50 12.3 Non-Emergency Warranty Work .......................................................................................... 50 12.4 Performance During Warranty Period ................................................................................. 50 Article 13. INSURANCE; RISK OF LOSS ........................................................................................... 50 13.1 General Requirements ......................................................................................................... 50 13.2 Required Policies and Limits ................................................................................................ 51 13.3 Terms of Insurance ............................................................................................................... 52 Article 14. INDEMNIFICATION ...................................................................................................... 53 14.1 Contractor to Owner ............................................................................................................ 53 14.2 Owner to Contractor ............................................................................................................ 53 14.3 No Personal Liability of the Project Engineer or Project Manager ...................................... 54 14.4 No Waiver of Legal Rights .................................................................................................... 54 Article 15. DEFAULTS, REMEDIES AND TERMINATION ................................................................... 54 15.1 Notice of Disputes and Objections ....................................................................................... 54 15.2 Negotiations of Disputes ...................................................................................................... 55 15.3 Decision ................................................................................................................................ 55 15.4 Waiver .................................................................................................................................. 55 15.5 Contractor’s Remedies ......................................................................................................... 55 15.6 Owner’s Remedies ............................................................................................................... 56 15.7 Owner’s Special Remedy for Delay ...................................................................................... 56 15.8 Attorney’s Fees .................................................................................................................... 56 Article 16. INDEPENDENT CONTRACTOR ...................................................................................... 56 Article 17. DISPOSAL; HAZARDOUS SUBSTANCES.......................................................................... 57 17.1 Removal and Disposal of Structures and Obstructions ........................................................ 57 17.2 Cleaning Up and Restorations .............................................................................................. 57 17.3 Removal of Condemned Materials and Work ...................................................................... 57 17.4 Pests & Vector Control ......................................................................................................... 57 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 57 of 361 xiii 17.5 Hazardous Substances ......................................................................................................... 57 17.6 Existing Facilities – Hazardous Substances May Exist .......................................................... 57 17.7 No Introduction of Hazardous Substances .......................................................................... 57 17.8 Suspected Hazardous Substances ........................................................................................ 57 17.9 Ordinary Course Materials ................................................................................................... 58 Article 18. ROYALTIES AND PATENTS ............................................................................................ 58 18.1 Patents and Copyrights ........................................................................................................ 58 Article 19. DRAWINGS, DETAIL AND INSTRUCTIONS ..................................................................... 58 19.1 Drawings and Specifications ................................................................................................ 58 19.2 Copies of Drawings and Specifications Furnished ................................................................ 59 19.3 Utilities ................................................................................................................................. 59 19.4 Requests for Clarification and Information .......................................................................... 59 19.5 Dimensions ........................................................................................................................... 60 19.6 Shop Drawings ..................................................................................................................... 60 19.7 Record Documents ............................................................................................................... 61 19.8 Operating Manuals and Parks Lists ...................................................................................... 61 19.9 Conformity With Plans and Allowable Deviations ............................................................... 61 19.10 Coordination of Specifications, Plans and Special Provisions .............................................. 61 19.11 Ownership to Work Product ................................................................................................ 61 Article 20. RIGHT-OF-WAY ........................................................................................................... 61 20.1 Acquisition of Right-of-Way ................................................................................................. 61 20.2 Access to Right-of-Way ........................................................................................................ 62 20.3 Rights-of-Way ....................................................................................................................... 62 Article 21. SUBMITTALS ............................................................................................................... 62 21.1 Schedule of Submittals ......................................................................................................... 62 21.2 Scope of Engineer’s Reviews ................................................................................................ 62 21.3 Review Process ..................................................................................................................... 62 Article 22. NOTICES ..................................................................................................................... 62 Article 23. OWNER’S GENERAL RESPONSIBILITIES ......................................................................... 62 23.1 Owner Performance ............................................................................................................. 62 23.2 Project Engineer or Project Manager ................................................................................... 63 23.3 Right to Bar Persons From the Work or Site ........................................................................ 63 23.4 Access to Work ..................................................................................................................... 63 23.5 Inspection ............................................................................................................................. 63 Article 24. CONCEALED CONDITIONS ............................................................................................ 64 24.1 Discovery of Concealed Physical Conditions ........................................................................ 64 24.2 Inspection and Drawing Update .......................................................................................... 64 24.3 Delays ................................................................................................................................... 64 24.4 Change Order ....................................................................................................................... 64 24.5 Costs ..................................................................................................................................... 64 Article 25. WAIVER ...................................................................................................................... 64 25.1 Waiver .................................................................................................................................. 64 25.2 No Waiver ............................................................................................................................ 64 Article 26. OTHER CONDITIONS .................................................................................................... 64 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 58 of 361 xiv 26.1 Binding Contract................................................................................................................... 64 26.2 Legislative of Judicial Decisions ............................................................................................ 65 26.3 Superseding .......................................................................................................................... 65 26.4 Professional Standards ......................................................................................................... 65 26.5 Notification in Writing .......................................................................................................... 65 26.6 Headings for Reference Only ............................................................................................... 65 26.7 One Instrument .................................................................................................................... 65 26.8 Third Party Claims ................................................................................................................ 65 26.9 Calendar Days....................................................................................................................... 65 26.10 Written Consent ................................................................................................................... 65 26.11 Reallocation of Resources .................................................................................................... 65 26.12 Disclosure of Confidential Information ................................................................................ 66 26.13 Audit ..................................................................................................................................... 66 26.14 Federal Aid Provisions .......................................................................................................... 66 26.15 Duties & Remedies ............................................................................................................... 66 26.16 Survival ................................................................................................................................. 66 26.17 Government Immunity ......................................................................................................... 66 26.18 Construction ......................................................................................................................... 66 26.19 No Implied Representations ................................................................................................ 66 26.20 Financial Obligations of the City .......................................................................................... 66 26.21 Assignment/Transference .................................................................................................... 66 26.22 Amendments ........................................................................................................................ 66 26.23 No Third-Party Beneficiaries ................................................................................................ 66 26.24 Independent Contract – No Partnership or Agency ............................................................. 66 26.25 Governing Law, Jurisdiction, Venue ..................................................................................... 66 26.26 Attorney’s Fees and Costs .................................................................................................... 67 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 59 of 361 1 Article 1. DEFINITIONS AND INTERPRETATION 1.1 DEFINITIONS: Whenever the following terms or pronouns are used in the Specifications and Contract Documents, the intent and meaning shall be as follows Terms defined in the Agreement or other Contract Documents, and not defined within this Article, shall have the meaning given them in the Document where defined. 1) ADDENDA: Written changes to the Bid Documents issued before the opening of Bids that clarify, correct, or change the Contract or change the date set for the Opening of Bids. 2) AMENDMENT: A change to the original contract which sets forth additional work which is new, and is outside the scope of the original contract and/or proposal. Such Amendment may require additional funding and bonding, and will require approval in accordance with the Owner’s purchasing policy. 3) BID: The offer or proposal of the Bidder submitted on the prescribed forms setting forth the prices for the Work to be performed. 4) BIDDER: The individual or entity who submits a Bid directly to Owner. 5) BID SECURITY: The security, as designated in the “Instructions to Bidders” furnished with the Bid by the Bidder as a guarantee that the Bidder will enter into the Contract and Furnish Bond(s) as required if the work be awarded to such Bidder. 6) BONDS: Bid, performance, payment and material bonds, any warranty bond, or other instruments of security furnished by the Contractor and its Surety to the Owner according to the Contract. 7) CHANGE ORDER: A written order to the Contractor, signed by the Project Engineer, on behalf of Owner, ordering a change that has been found necessary in the Work from that originally shown in the Plans and Specifications but which is still within the general scope of the Contract. If the Work is of a nature involving an adjustment of unit prices, a Supplemental Agreement shall be executed. A change order set forth upon a change order form generated by Owner, and signed by both Owner and Contractor, authorizes modifications to the existing contract documents. 8) COMPLETION DATE: The date the Contract specifies the Work is to be completed. 9) CONSTRUCTION SCHEDULE: The schedule of Work approved by Owner in accordance with the Contract Documents. 10) CONTRACT OR CONTRACT DOCUMENTS: The written Agreement executed between the Owner and the successful Bidder (“Contractor”), covering the performance of the Work and the furnishing of labor and materials, which binds the Contractor to perform the Work and furnish the labor and materials and by which the Owner is obligated to provide compensation at a mutually established and accepted rate or price. The Contract shall include Contract Agreement, Request for Bid, Bidder’s response (“Bid”), Bid Bond, Performance Bond, Payment Bond, Material Bond, Notice of Award and Notice to Proceed, Final Acceptance and Warranty Initiation, Final Receipt, Notice of End of Basic Warranty Period, Special Provisions, General Provisions, Statements of Work, Technical Specifications, Plans, Specifications, Drawings and Addenda or Change Orders, and any and all Supplemental Agreements which may be subsequently entered into to complete the Work in an acceptable manner in accordance with the Plans and Specifications. 11) CONTRACT PRICE: The total monies payable to the Contractor under the terms and conditions of the Contract. 12) CONTRACT TIME: The number of days provided in the Contract for the completion of the Project from the date of the Notice to Proceed through and including the date of Final Acceptance. The Contract Documents may require completion on or before a certain specified date. 13) CONTRACTOR: The successful bidder, who may be an individual, partnership, firm, or corporation, who executes the Contract, acting directly or through lawful agents or employees, primarily liable for the acceptable performance of the Work for which contracted, and for the payment of all legal debts pertaining to the Work. 14) CRITICAL PATH: a sequence of project tasks that add up to the longest project duration. If any tasks on the critical path experience delays, the overall project schedule must be extended. 15) DATE OF CONTRACT (“Effective Date of Contract”): The execution date in the Agreement for a Construction Contract unless otherwise specified. 16) DAY: A calendar day of twenty-four hours, from midnight to midnight, unless otherwise specified herein. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 60 of 361 2 17) DRAWINGS: The part of the Contract Documents prepared or approved by the Project Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor, including plans, profiles, typical cross-sections, general cross-sections, elevations, schedules, and details which show locations, character, dimensions, and details of the Work. Shop drawings and other Contractor submittals are not Drawings as so defined. 18) E-VERIFY: (formerly known as the Basic Pilot/Employment Eligibility Verification Program) An internet based system operated by the Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA) that allows participating employers to electronically verify the employment eligibility of their newly hired employees. 19) ENGINEER (“Project Engineer”): The Owner’s designated, authorized representative assigned to the Project. The Project Engineer may have day-to-day responsibility for managing the Contract, or may designate in writing a Project Manager to provide day-to-day responsibility for managing the Contract. 20) EQUIPMENT: All machinery, together with the necessary supplies for upkeep and maintenance, and all tools and apparatus necessary for the proper construction and acceptable completion of the Work. 21) EXTRA WORK: Work not provided for in the Contract as awarded but found to be essential to the satisfactory completion of the Contract, within its intended scope. 22) FIELD ORDER: A written order effecting minor change in the Work not involving an adjustment in the Contract Price or an extension of the Contract Time, issued by the Project Engineer to the Contractor during construction. 23) FINAL ACCEPTANCE: An acknowledgment made by the Owner that all Work, as defined in Paragraph 59 herein, has been completed. The Owner’s final acceptance of the Work completed according to the Contract requirements with all parts of the Work in good condition and in working order, including completion of all punch list items, cleanup work, and delivery of all required guarantees, warranties, licenses, releases, and other deliverables. 24) FINAL PAYMENT: The final and complete payment to the Contractor in accordance with the Contract Documents. 25) FORCE ACCOUNT: A method of payment, other than lump sum or unit price, for Work ordered by a Change Order. 26) INSPECTOR: An authorized designee of the Engineer or Project Manager, assigned to make all necessary inspection of the Work performed or being performed, or of the materials furnished or being furnished by the Contractor. 27) LABORATORY: The official testing laboratories of the Owner or such other laboratories as may be designated by the Project Engineer. 28) NOTICE OF AWARD: A written notice to the successful Bidder stating their Bid has been accepted and that, in accordance with the terms of the notice to Contractors and the Specifications, such Bidder is required to execute the Contract and furnish satisfactory Bonds. 29) NOTICE OF FINAL ACCEPTANCE: The written notice of the date, as certified by the Owner, of Final Acceptance. 30) NOTICE TO PROCEED: A written notice given by Owner to Contractor fixing the date upon which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 31) NOTICE OF SUBSTANTIAL COMPLETION: The written notice of the date, as certified by the Owner, of Substantial Completion. 32) NOTICE OF TERMINATION: Written notice from the Owner to the Contractor to stop Work under the Contract on the date and to the extent specified in the Notice of Termination. 33) OWNER (“City”): The City of Englewood, Colorado. 34) PARTIES: The Owner and the Contractor. 35) PAYMENT BOND: The approved form of security furnished by the Contractor and the Contractor’s surety as a guarantee to pay in full all bills and accounts for materials and labor used in the construction of the Work, as provided by law. 36) PERFORMANCE BOND: The approved form of security furnished by the Contractor and the Contractor’s surety as a guarantee of good faith and ability on the part of the Contractor to DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 61 of 361 3 execute the Work in accordance with the terms of the Plans, Specifications, and Contract. In lieu of a separate Performance Bond, a combination Performance, Labor and Material Payment Bond may be supplied by the Contractor. 37) PERFORMANCE, LABOR AND MATERIAL PAYMENT BOND: Security furnished by the Contractor and his surety as a guarantee to pay in full all bills and accounts for materials and labor used in the Work and to execute the Work in accordance with the Contract. 38) PLANS: The official Plans, working drawings, or supplemental drawings or exact reproductions thereof, approved by the Project Engineer which show the locations, character, dimensions, and details of the Work to be done and which are to be considered part of the Contract, supplementary to these Specifications. 39) PROGRESS SCHEDULE: A construction schedule prepared by the Contractor in a bar- chart, critical path or other format acceptable to the Engineer which includes the start and completion dates of all salient features of the Work as specified in Paragraph 41 hereof. 40) PROJECT: The total construction of which the Work to be provided under the Contract Documents may be the whole or a part as indicated elsewhere in the Contract Documents, and may include construction by other contractors. 41) PROJECT MANAGER: A representative of Owner authorized in writing by the Project Engineer/Engineer, and reporting to the Project Engineer/Engineer, to oversee the Project through day-to-day responsibility for managing the Contract. 42) PROPOSAL: The written offer of the Proposer, when submitted on the approved Proposal form, to perform the contemplated Work and furnish the necessary materials in accordance with the provisions of the Plans and Specifications. 43) BID BOND: The security, as designated in the Request for Bids to guarantee the Bidder will accept the Work under the terms set forth within the Bid Documents and Bid Response if the Work is awarded to such Bidder. 44) BIDDER: Any individual, firm, or corporation, submitting a Proposal or Bid for the Work contemplated within the Bid Documents... 45) REASONABLY PREDICTABLE WEATHER DELAYS: Estimated Weather Day(s) where critical path activities cannot be performed in any month, within contract weather or temperature limitations, or due to weather related conditions. 46) SHOP DRAWINGS: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier, or distributor, which illustrate how specific portions of the Work shall be fabricated or installed. 47) SPECIAL PROVISIONS: Specific clauses setting forth conditions or requirements particular to the Project as set forth in the Proposal, which are not stipulated in the General Provisions or Technical Specifications. 48) SPECIFICATIONS: A part of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship. The directions, provisions, and requirements contained therein, and which may be supplemented by Special Provisions, pertaining to the method and manner of performing the Work, or to the quantities or the qualities of materials to be furnished under the Contract. 49) STRUCTURES: Bridges, culverts, sewers, catch basins, retaining walls, manholes, headwalls, buildings, valve vaults and other features which may be encountered or included in the Work and not otherwise classified herein. 50) SUBCONTRACTOR: Any person or entity having a subcontract with the Contractor (or any Subcontractor, of any tier, whether or not authorized by the Contractor) to furnish and perform work at the Work site, including the provision of labor, materials, equipment, supplies, tools, services, or any combination of these. This definition shall not limit the Contractor’s obligations, or alter any Subcontractor’s rights, under any law or contract. 51) SUBSTANTIAL COMPLETION: The date on which the Work has progressed to the point that the Owner can beneficially occupy or utilize the Work for the purpose for which it is intended, and the Work complies with all applicable codes and regulations, including, if required, issuance of a certificate of occupancy, or certificate of suitability for use from the appropriate governmental agencies, as determined by the Owner in its sole discretion 52) SUPERINTENDENT: The executive representative for the Contractor who is present on the Work at all times, authorized to receive and fulfill instructions from the Engineer or Project Manager DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 62 of 361 4 and capable of supervising the Work efficiently. 53) SUPPLEMENTAL AGREEMENT: A written Proposal and Agreement, including Amendments, executed by the Contractor and by the Owner, with increased bonding from the surety if such agreement results in an increase in the total contract amount, covering Work not included in the Plans and Proposal or as specified in Section 1.3 which is necessary to for the proper completion of the Project. A supplemental agreement includes addendums to the original agreement, amendments to the original agreement, or change orders if such change order modifies a cost or price agreed to within the original agreement. 54) SUPPLIER: Any person or organization who supplies materials or equipment for the Work, including that fabricated to a special design, but who does not perform labor at the site. This definition shall not limit the Contractor’s obligations, or alter any Supplier’s rights, under any law or contract. 55) SURETY: The corporate body or individuals who are bound by the Bid Bond, Performance Bond and the Payment Bond or the Performance, Labor and Material Payment Bond, with and for the Contractor and which engage to be responsible for the entire and satisfactory fulfillment of the Contract and for the payment of all debts incurred in fulfilling the Contract. 56) UNIT PRICE: An amount stated in the Proposal as a price per unit of measurement for materials or services as described in the Contract. Unit Prices are intended to cover all items of work to be done and materials to be furnished to fully complete the Work in accordance with the Contract Documents (including without limitation the cost of appurtenant items of work, labor, materials, fees, bond costs, supplies, utilities, royalties, tools, forms and equipment, and all other costs (including without limitation sales and use tax, insurance, licenses, permits, profit, and other overhead) not listed separately, not shown on the Plans and Specifications, or not specified but necessary to complete the Work in accordance with the Contract Documents). 57) WEATHER DAY: Any day on which Work is scheduled in the Construction Schedule but cannot be performed within contract weather or temperature limitations or due to weather related soil conditions, and where work on critical activities cannot be performed for more than fifty percent (50%) of the work day, including any day immediately following a Weather Day on which subsequent day Work was scheduled in the Construction Schedule but cannot be performed on scheduled critical path activities due to weather related site or soil conditions for more than fifty percent (50%) of the day (drying days). 58) WORK: The term "Work" shall be understood to mean the furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the Project and the carrying out of all the duties and obligations imposed by the Contract. 1.2 REFERENCES: Words describing materials or Work having a well-known technical or trade meaning in an industry, unless otherwise specifically defined, shall be construed in according to well-known meanings as recognized by engineers, architects, and the trades. All references to standard specifications, methods of testing materials, codes, practices, and requirements refer to the edition of each in effect on the date of the Request for Bids unless a specific edition or revision is referenced. 1.3 INTENTION OF TERMS: Any reference to a paragraph or subparagraph within a section shall include the general provision of the section or sections and paragraph pertinent thereto. 1.4 COMPUTATION OF TIME: Any period of time referred to in the Contract Documents will be computed as consecutive calendar days. 1.5 ABBREVIATIONS: When the following abbreviations appear in the documents, they are defined as follows: AASHTO American Association of State Highway and Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AGC Associated General Contractors of America, Inc. AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction ANSI American National Standards Institute APHA American Public Health Association APWA American Public Works Association ASA American Standards Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing and Materials DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 63 of 361 5 AWS American Welding Society AWSC American Welding Society Code AWWA American Water Works Association CDOT Colorado Department of Transportation CPM Critical Path Method COE City of Englewood DHS U.S. Department of Homeland Security EPA U.S. Environmental Protection Agency EWD Englewood Water Department GESC Grading, Erosion and Sediment Control IEEE Institute of Electrical and Electronic Engineers MUTCD Manual on Uniform Traffic Control Devices NBS National Bureau of Standards NCPI National Clay Pipe Institute NEC National Electric Code NEMA National Electrical Manufacturer’s Association OSHA Occupational Safety & Health Administration RCRA Resource Conservation and Recovery Act SAME Society of American Military Engineers SPWRP South Platte Water Renewal Partners SAVE Systematic Alien Verification or Entitlement program WW-P Federal Specifications Prefix 1.6 INTERPRETATION 1.6.1 Whenever, in these Specifications, or upon the Plans, or within the Contract Documents the words "directed," "required," "permitted," "ordered," "designated," "prescribed," or words of like import, are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Engineer or Project Manager is intended; and similarly, the words "approved," "acceptable," "satisfactory," or words of like import shall mean approved by, or acceptable to or satisfactory to the Engineer or Project Manager, unless otherwise expressly stated, subject in each case to the final determination of the Owner. 1.6.2 “Including” shall, unless otherwise specifically stated, mean including, but not limitedto. 1.6.3 Words such as “hereby,” “herein,” and “hereunder” and words of similar import shall be construed to refer to the Agreement in its entirety and the General Conditions of the Contract, subject to the provisions of the Agreement relating to resolution of differences between terms of different Contract Documents. 1.6.4 Where otherwise consistent with the context, the singular shall include the plural and the plural shall include the singular. 1.6.5 The titles of articles and sections used in the Agreement and these General Conditions of the Contract are primarily for the convenience of the reader but may be used as aids in interpreting any provision herein. If any of the provisions of the exhibits attached to the Agreement hereto or of any of the Contract Documents are inconsistent with the provisions of the Agreement, the provisions of the Agreement shall control. 1.6.6 Any references to “days” in any Contract Documents refer to calendar days. Any references in any Contract Documents or any communications between Owner and Contractor to “business days” refer to days when Owner’s administrative offices are open for the regular conduct of business. 1.6.7 When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. 1.6.8 Unless stated otherwise in the Contract Documents, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 64 of 361 6 Article 2. PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND EVIDENCE OF INSURANCE. When Contractor delivers the executed counterparts of the Contract to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. Before any Work at the Site is started, Contractor and Owners shall each deliver to the other, with copies to each additional insured identified in the Article 13 below, certificates of insurance (and other evidence of insurance with either of them or any additional insured may reasonably request) which Contract and Owner respectively are required to purchase and maintain in accordance with Article 13 below. 2.2 NOTICE TO PROCEED: Owner will give the Contractor written Notice to Proceed with the Work after execution of the Contract by the Owner. The Contractor shall begin the Work by the date stated in the Notice to Proceed and diligently pursue the Work regularly and without interruption (unless otherwise directed in writing by the Engineer or Project Manager) with the work force necessary to complete the Work and achieve Substantial Completion within the Contract Time. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Contract if no Notice to Proceed is provided. If any milestones are described in the Contract Documents or the approved Construction Schedule, the Work described by each milestone shall be accomplished on or before that milestone in accordance with the Contract Documents. 2.3 AUTHORITY OF THE PUBLIC WORKS DIRECTOR: The Project Engineer shall be the representative of the Owner in all matters concerning the Contract and the work to be performed thereunder, except the Public Works Director of the Owner shall have the authority to terminate the Contract as elsewhere herein provided. The Public Works Director shall make the final decision on all questions as to acceptable fulfillment of the Contract should a dispute between the Contractor and the Project Engineer occur. 2.4 PLANS AND SPECIFICATIONS: 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, Attachments, and Specifications. • All Proposal Response Documents • Certificate of Insurance The Contractor shall perform all items of Work covered and stipulated in the Specifications, Proposal, Contract and Special Provisions, together with any authorized alterations, Extra Work and Supplemental Agreements, all in accordance with the Plans. The Contractor shall furnish, unless otherwise provided in the Specifications and/or Special Provisions, all materials, implements, machinery, equipment, tools, supplies, transportation and labor necessary to perform and complete the Work. The Contractor shall be responsible for taking all steps reasonably necessary to ascertain the nature and location of the Work, and the general and local conditions which can affect the Work or the cost of the work. Failure by the Contractor to do so will not relieve it from responsibility for successfully performing Work without additional expense to Owner. The Owner will not be responsible for any understanding or representations concerning conditions, unless such understanding or representations are expressly stated in the Contract. 2.5 SPECIAL WORK: Should any construction or conditions which are not thoroughly stipulated or set forth by the plans and specifications be anticipated on any proposed Project, Special Provisions for such Work may be prepared and attached hereto as Exhibit C, and shall be considered as part of the Specifications, the same as though contained fully therein. Should any Special Provision conflict with the Specifications, the Special Provision will govern. 2.6 PRE-CONSTRUCTION MEETING: Before any Work at the Site is started, a conference attended by the Project Engineer, Project Manager, Contractor, and others as appropriate, will be held to establish a working understanding among the parties as to the Work and to discuss the schedules for progress, milestones, and completion of Work, procedures for handling Shop Drawings, and other submittals, processing Applications for Payment, and maintaining required records. The Contractor may be asked to provide specific information as to 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. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 65 of 361 7 2.7 CONTRACTOR’S UNDERSTANDING OF WORK The Contractor agrees that by careful examination it is satisfied as to the nature and location of the Work, the conformation of the ground, the character, quality, and quantity of the materials to be encountered, the character of equipment and facilities needed before beginning and for the Work, the general and local conditions, and all other matters, which can in any way affect the Work under the Contract. No oral agreement with any officer, agent, or employee of the Owner either before or after the execution of the Contract shall affect or change any of the terms or obligations contained in the Contract. 2.8 CONTRACTOR’S REPRESENTATION: The Contractor represents and warrants that it has the knowledge, ability, experience, and expertise to perform the Work competently in accordance with the Contract Documents. The Contractor represents and warrants the capacity of the Contractor's construction plant, personnel, and its ability to complete the Work by the Completion Date. 2.9 OTHER WORK: The Owner reserves the right to award other contracts in connection with the Project or other activities. The Contractor must be prepared to accept the presence, on or adjacent to the construction site, of work forces of other contractors, subcontractors, tenants, government agencies and municipal, public service or utility personnel. The Contractor shall cooperate with and afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their Work, and shall coordinate its Work with theirs. If it becomes impossible to proceed with the Work in a manner that permits all activities to progress at a reasonable pace, the Project Engineer, or Project Manager, will select the course of action that appears to best serve the Owner. 2.10 NOTICES: Except for routine communications, written notices required under this Contract and all other correspondence between the Parties will be deemed received when hand-delivered or three (3) days after being sent by certified mail, return receipt requested (unless the Parties consent to electronic delivery). The address in the Proposal will be the Contractor’s address for the delivery of notices, unless modified by the Contractor by written notice at least three (3) business days prior to the change. Notices to the Owner shall be delivered to the Project Engineer, except as provided in the Contract Documents. 2.11 CONTRACTOR’S SIGNS: No signs with Contractor’s name, logo, telephone number, address or, (etc.), shall be placed on any pole, road, structure or other surface, unless approved in writing, and in advance of such placement, by the City. 2.12 PUBLICITY AND ADVERTISING: Neither the Contractor nor its Subcontractors or Suppliers shall include any reference to the Contract nor to Work performed hereunder in any advertising or public relations materials without first obtaining the written approval of the Project Engineer. All information shall be factual, and shall in no way imply that the Owner endorses the Contractor or its services or product. The Owner shall have the right to photograph, videotape, film or in any other manner record the progress of the Work at any time and to use such materials for any purpose. Article 3. PAYMENTS 3.1 MEASUREMENT OF WORK PERFORMED: The determination of the amount of Work acceptably completed under the terms of the Contract, or as directed by the Project Engineer, or Project Manager, in writing, will be made by the Project Engineer, or Project Manager, based on measurements taken by him or his agents. These measurements will be taken according to the United States standard measure. All surface and linear measurements will be taken horizontally unless otherwise shown on Plans or specified. Structures shall be measured to the neat lines as shown on the Plans, or as ordered in writing by the Project Manager. Other acceptable methods could include noting a percentage completed or referencing the project schedule by milestone. 3.2 PAYMENTS TO CONTRACTOR AND COMPLETION 3.2.1 General - Unless expressly provided otherwise, the Unit Prices shown in the Contractor’s Proposal include the cost of all labor, materials, supplies, equipment, tools, forms, services, utilities, royalties, fees, taxes, profit, overhead, and any other thing or expense, whether temporary or permanent, necessary to complete the Project in accordance with the Contract Documents. Items not shown on the Contract Documents that are necessary to construct the Project will be considered a part of the Project whether specified or not and no separate payment will be made for these items. 3.2.2 Determination of Amounts and Quantities – The Project Engineer, or Project Manager, or his or her designee shall verify determinations of amounts and quantities of Work performed. The method of measurement of pay items subject to Unit Prices will be as specified in the Special Conditions. 3.2.3 Monthly Estimates & Progress Payments a) Before Work commences, Owner and Contractor shall designate a day of the month by which DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 66 of 361 8 Invoices for Payment shall be due. On or before such day of each month after the Construction Work has commenced (but not earlier than the first day of such month), Owner shall submit to Contractor a “Periodic Estimate for Partial Payment” based on the Schedule of Values, and such other materials and information as may be required by the Agreement. No “Periodic Estimate for Partial Payment” except the Application for Final Payment shall be made for an amount less than $1,000.00. b) The Contractor shall submit signed estimates for progress payments on a monthly basis based on “Periodic Estimate for Partial Payment” for all Work completed to date. Estimates shall be prepared by the Owner no later than ten (10) days after the end of the month for Work subject to the application. Estimates shall be produced in a format reflecting the line items for which payment is requested according to the Unit Price Form in the Proposal and any applicable Change Order, shall be dated as of the actual date of submittal (or revised submittal, as applicable), and shall reflect the Work completed and the date to which Work has been completed. The Contractor will provide support documentation for all estimates, as requested. c) Each Periodic Estimate for Partial Payment shall constitute a representation and warranty of Contractor (whether or not specifically stated) that Contractor is not in default hereunder, the amounts requested in the Periodic Estimate for Partial Payment are due hereunder, after payment of the amounts requested in the Periodic Estimate for Partial Payment, the amount remaining to be paid under the Contract is sufficient to pay for the balance of the Work, the Work performed to date is in accordance with that contemplated by the Milestone Schedule (or specifying the portions thereof that are not), Contractor has no claims hereunder and has no request for changes in the Milestone Schedule or the Contract Sum not provided for in the Periodic Estimate for Partial Payment. Each Periodic Estimate for Partial Payment shall further constitute the representation and warranty of Contractor (whether or not specifically stated) that the percentage of the Work represented to have been done in each category provided on the Schedule of Values has, in fact, been completed as of the last day of the period for which such Periodic Estimate for Partial Payment has been submitted. The period covered by a Periodic Estimate for Partial Payment shall end not earlier than ten (10) days before the due date for the Periodic Estimate for Partial Payment, unless Contractor and Owner agree otherwise in writing. d) Each Periodic Estimate for Partial Payment shall set forth the status of all Proposed Changes, Change Directives, and Change Orders. e) Contractor shall promptly submit such additional information and documents as Owner or Project Professionals may reasonably request in support of the Periodic Estimate for Partial Payment. f) The signature on each application is a representation by the Contractor to the Owner that the Work has progressed to the point indicated, that the Work covered by the application is in accordance with the Contract Documents, that the money received as a result of the application will be used to discharge the Contractor’s obligations under the Contract, and that the Contractor is entitled to payment in the amount requested. g) By signing a Periodic Estimate for Partial Payment, the Contractor warrants that: (i) the title to the Work covered by the estimate of Work completed will pass to the Owner by incorporation into the completed Work; (ii) the Work covered by previous estimates of Work completed is free and clear of liens, claims, security interests or encumbrances, except for any interest created by retainage; and (iii) no Work covered by the estimate of Work completed is subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or any other person or entity. h) The Contractor shall provide notice and reason, to the subcontractor or supplier and the Owner, why the subcontractor or supplier is not being paid. The Contractor shall not include in its Periodic Estimate for Partial Payment any billing for defective Work or for work performed by Subcontractors or Suppliers if it does not intend to pay the Subcontractors or Suppliers for such work. i) Applications may include the value of acceptable materials required in the construction which have been delivered on the site of the Work or to adjacent railway siding and for which acceptable provisions have been made for preservation and storage, providing the Contractor submits with its monthly estimate paid invoices in duplicate for the material for which payment is being requested. Material paid for by the Owner becomes the property of the Owner and, in the event of the default on the part of the Contractor, the Owner may use or cause to be used such materials in construction of the Work provided for in the Contract. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 67 of 361 9 j) The authorized Owner representative(s) must approve the applications and estimates before progress payments will be made. The Owner will make payments within thirty (30) days after the receipt of a signed monthly estimate in proper form containing all required and requested information. Progress payments are payments on accounts and shall not be construed as acceptance by the Owner of any part of the Work. k) All progress payments, except for the Final Payment, shall be subject to correction on subsequent applications after the discovery of any error. Approval of an application for payment of Work completed or actual payment by the Owner shall not foreclose the right of the Owner to examine the books and records of the Contractor to determine the correctness and accuracy of any item. l) The Contractor shall make partial payments of the amount due and payable to each of its Subcontractors and Suppliers in the same manner as the Owner is required to pay the Contractor under this article. This provision shall not create any privity of contract between the Owner and any Subcontractor or Supplier, or make any Subcontractor or Supplier a third- party beneficiary of this Contract. 3.2.4 Retainage & Withheld Amounts a) The Owner will retain five percent (5%) of the total amount earned, including Change Orders, as indicated in each approved application until Final Payment. Securities are not acceptable to the Owner in lieu of retainage. b) If the Owner finds that satisfactory progress is being made in all phases of the Contract and work is more than 80% complete, it may, upon written request by the Contractor, authorize payment from the withheld percentage. Before such payment is made, the Owner shall determine that satisfactory and substantial reasons exist for the payment and shall require written approval from any Surety furnishing the Payment Bond or Performance Bond. c) The Owner may withhold, in addition to retained percentages from Contractor payments, such an amount or amounts from any progress payment or Final Payment as may be necessary to cover: • Claims for labor or materials furnished the Contractor or any Subcontractor or reasonable evidence indicating probable filing of such claims; • Failure of Contractor to carry out the Work in accordance with the Contract Documents • Failure of the Contractor to make proper payment to Subcontractors or Suppliers; • A reasonable doubt that the Contract can be completed for the balance then unpaid; • Evidence of damage to another contractor, utility, or private property; • Claims filed in connection with the Work or reasonable evidence indicating probable filing of claims. • Uncorrected defective Work or guarantees that have not been met; • Failure of the Contractor to submit cost breakdowns, schedules, reports and other information required under the Contract; • Persistent failure to carry out the Work according to the Contract; • Failure to keep a superintendent on the Site during Construction Work. • Reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; • Any tax delinquency, unpaid fee, or other unpaid financial obligation of the Contractor owed to the Owner; • Any request that the Owner pay additional compensation to another contractor as a result of delays in the performance of that contractor’s work caused by the Contractor’s acts or omissions; and • Any other amounts that the Owner is authorized to withhold under the Contract Documents. If the reason for withholding is removed, the Owner will make payment of the withheld sums with the next regular progress payment unless another basis for withholding exists d) Execution of the Contract by the Contractor shall constitute a waiver by the Contractor to claim any right of payment of interest upon any funds retained or withheld by the Owner pursuant to these General Conditions or C.R.S. § 38-26-107. 3.2.5 Substantial Completion a) When the Contractor considers the entire work ready for its intended use, the Contractor shall DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 68 of 361 10 notify the Project Engineer, or Project Manager, in writing that the entire Work is substantially complete, except for minor items specifically listed by Contractor as incomplete (the Contractor’s punch list), and request that the Project Engineer, or Project Manager, issue a Notice of Substantial Completion. b) Within seven (7) days after the receipt of such notice, the Contractor, Engineer, or Project Manager and any other appropriate Owner representatives shall inspect the Work to determine the status of completion and the Contractor’s punch list. • If the Project Engineer, or Project Manager, does not consider the Work substantially complete, the inspection will cease and the Project Engineer, or Project Manager, will notify the Contractor in writing giving the reasons for denial of the Notice of Substantial Completion and the Contractor will proceed with the Work. All costs associated with such premature inspection, including any compensation for additional design services and the Owner’s additional costs, shall be deducted from any payment due to the Contractor. • If the Project Engineer, or Project Manager, considers the Work substantially complete, the Project Engineer, or Project Manager, will prepare and deliver to the contractor a Notice of Substantial Completion. The Project Engineer, or Project Manager, shall attach to the notice a punch list of items to be completed or corrected before Final Acceptance. Failure to include any items on the punch list shall not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. 3.2.6 Right of Early Occupancy or Use a) The Owner shall have the right to take early possession of and to use any completed or partially completed portions of the Work, even if Substantial Completion of the Work has not occurred and even if the Work has not been fully accepted. Such possession and early occupancy shall not constitute Substantial Completion of such portions of the Work nor affect the Owner’s right to assess liquidated damages. b) If the Owner elects to take possession of and to use any completed or partially completed portions of the Work prior to Substantial Completion, an inspection shall be made by the Contractor and the Project Engineer, or Project Manager. Based upon such inspection, the Project Engineer, or Project Manager, will attempt to list all incomplete Work items observed, and shall provide the Contractor with such list. However, the absence of an item from the list shall not relieve the Contractor of responsibility to perform all of the Work. Any and all areas so occupied will be subject to a final inspection prior to Final Acceptance and the issuance of Certificate of Occupancy, if required. c) At the time of such inspection, the Parties shall also negotiate the responsibilities of the Owner and the Contractor for security, maintenance, heat, utilities, property insurance premiums, and damage to the Work. These negotiations are subject to the final approval of the Owner. d) If the Contractor believes there will be an additional cost or delay associated with completion of the Work while the Owner occupies the Work in whole or in part under this section, the Contractor shall advise the Project Engineer, or Project Manager, by Contractor Change Request of all such costs and delays at or before the time of such inspection. If the Contractor fails or refuses to furnish such cost or delay information, or fails or refuses to comply with the Contractor Change Request procedure, the Contractor shall be deemed to have waived any and all rights to assert any claim for such additional cost or delay. 3.2.7 Final Acceptance a) When the Work specified in the Contract (including all punch list items) is completed and the final cleanup has been performed, the Contractor shall notify the Project Engineer, or Project Manager, that all Work under the Contract has been completed and the Project Engineer, or Project Manager, shall, within seven (7) days after such notice, make the final inspection. b) If the Project Engineer, or Project Manager, finds that the Project has been completed according to the Contract requirements and that all parts of the Work are in good condition and in working order, the Owner, upon the recommendation of the Project Engineer, or Project Manager, shall issue a written Notice of Final Acceptance. Any Notice of Final Acceptance issued orally or without proper Owner authorization is void. c) If the Project Engineer, or Project Manager, finds that the Project has not been completed according to the Contract requirements and that not all parts of the Work are in good condition and in working order, the Project Engineer, or Project Manager, shall compile a punch list of corrective or replacement Work to be completed by the Contractor and Contract obligations yet to be satisfied that the Contractor shall complete or fulfill to the Project DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 69 of 361 11 Engineer, or Project Manager’s satisfaction, at the Contractor’s expense, as a condition precedent to the issuance of a Notice of Final Acceptance. 3.2.8 Final Settlement & Final Payment a) After Final Acceptance, the Project Engineer, Contractor, or other person designated by the Owner, as appropriate, will prepare a final estimate of the total value of all Work performed under the Contract. This will include all extra Work properly authorized and performed. All prior estimates and payments shall be subject to correction in the final estimate and payment. In the absence of error or fraud, all estimates, when approved by the Owner, shall be conclusive evidence of the Work performed and materials furnished. b) The Owner shall not authorize final payment until all items on the punch list have been completed, a Notice of Final Acceptance is issued, and the Notice of Final Settlement has been published. If the Work is substantially completed, but Final Acceptance is prevented by the unavailability of materials, or other causes beyond the control of the Contractor, and if consistent with any applicable bond, the Owner, in its sole discretion, may release to the Contractor all amounts due except for a retainage of two (2) times the cost of completing the unfinished Work as estimated by the Owner. c) Before the Owner will advertise final settlement, the Contractor shall demonstrate to the operating personnel of the Owner the proper operation and maintenance of all equipment and systems, and deliver to the Project Engineer, or Project Manager: • All guarantees and warranties; • Bound sets of required operations and maintenance manuals and instructions as required by the Contract Documents; • Record Documents required by the Contract Documents; • Satisfactory evidence that all payroll, material bills, taxes, and other indebtedness connected with the Work have been paid or otherwise satisfied; • A complete and final, unconditional waiver or release of any and all lien and claim rights from each Subcontractor, materialman, Supplier, manufacturer, and dealer for all labor, equipment and material used or furnished by each on the Work; • Consent of the Surety to final payment; • All submittals required by the Contract Documents; and • Any other documents required to be furnished by the Contract Documents d) The Work shall be advertised (Notice of Contractor’s Settlement) in accordance with C.R.S. § 38-26-107. This statute governs the maintenance and enforcement of claims for payment against the Project by Subcontractors, Suppliers and certain others. Final payment and settlement shall be made only after the Contractor has completed the foregoing requirements, and the Owner is satisfied that no claims by Subcontractors or Suppliers have been filed or remain pending. e) If any unpaid claim for labor, materials, rental machinery, tools, supplies, or equipment is filed prior to the date set for final settlement, the Owner shall withhold from payments to the Contractor sufficient funds to ensure the payment of such claim, until the same shall have been paid or withdrawn. Such payment or withdrawal shall be evidenced by filing with the Project Engineer, or Project Manager, an unconditional receipt in full or an order for withdrawal signed by the claimant or its duly authorized agent or assignee. The Owner will withhold from payment any funds it may be required by law to withhold or that it may in the determination of the Owner be entitled to withhold, and final payment will not be made until, in the sole determination of the Owner, all conditions of the Contract and of law have been met. f) If there are outstanding claims against the Contractor or its Subcontractors or for any other reason the Contractor is not able to fulfill one or more of the requirements of this section, the Owner may, at its sole discretion, waive the requirement, provided the Surety agrees to the Owner making final settlement without in any way lessening or modifying the Surety’s liability under such Bonds. g) If any overpayment was made by the Owner at any time, the Contractor shall immediately return all overpaid amounts. h) At the time of settlement, there shall be deducted from the final estimate (i) all previous payments made to the Contractor under the Contract, (ii) all amounts chargeable to the Contractor, (iii) all liquidated damages due the Owner; (iv) all unpaid taxes due and payable to the Owner; and (v) all damages and all other costs, expenses and charges properly chargeable to the Contractor under the terms of the Contract. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 70 of 361 12 i) Subject to delays allowed by Colorado law and these General Conditions, the Owner shall make Final Payment after Final Acceptance, including the release of all retainage and withheld amounts, except as authorized by the Contract Documents. Final Payment shall constitute complete payment for all Work, labor, materials, equipment, and miscellaneous items in the Project. j) At the time of delivery to the Contractor of the final payment, the Contractor shall execute and give to the Owner a final receipt for the same. k) The acceptance of final payment shall constitute a waiver of all Claims by the Contractor except those previously made in accordance with these General Conditions which have been separately identified by the Contractor as unsettled in the final payment application, and which the Owner agrees in writing may be set over for resolution after final payment. l) All provisions of these Contract Documents, including without limitation those establishing obligations and procedures, shall remain in full force and effect notwithstanding the making or acceptance of final payment. 3.3 APPROPRIATION OF FUNDS: At present, the amount set forth in the Contract 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 the Contract to the contrary, all payment obligations of the Owner are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the Owner’s current fiscal period ending upon the next succeeding December 31. Financial obligations of the Owner 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 Owner and applicable law. Upon the failure to appropriate such funds, the Contract shall be deemed terminated. The Owner shall immediately notify the Contractor or its assignee of such occurrence in the event of such termination. 3.4 PAYMENT FOR INCREASED OR DECREASED QUANTITIES: When alterations in the Plans or quantities of Work not requiring Supplemental Agreements, as provided for above, are ordered and performed, the Contractor shall accept payment in full at the Contract unit price for the actual quantities of Work done. No allowance will be made for lost profits. Increased or decreased Work involving Supplemental Agreements will be paid for as stipulated in such agreements. 3.5 PAYMENT FOR OMITTED ITEMS: For any item omitted from the work under the provisions of Section 1.5, the Owner will pay the Contractor a fair and equitable amount for costs incurred directly related to such item prior to the date of the Owner's order to omit the item. No allowance will be made for lost profits in reimbursements to the Contractor for omitted items of Work. Acceptable materials ordered by the Contractor or delivered to the Work site prior to the date of cancellation, alteration, or suspension of the Work by order of the Project Engineer, or Project Manager, will be paid for at the actual cost to the Contractor and shall thereupon become the property of the Owner. The Contractor shall immediately submit certified statements covering all money expended in preparation for any omitted item, and he shall be reimbursed for any money expended in preparation for Work on any omitted item when such preparation has no value to the remaining items of the Contract, or for a proportionate amount based on the total Contract price over which such preparation would ordinarily be distributed when other items are included in such preparation. 3.6 EXTRA AND FORCE ACCOUNT WORK: Extra Work, for which no price is provided in the Proposal, shall be covered by a Supplemental Agreement which could be an addendum (additional work requested), amendment (change the terms of the agreement, or change order (change the specifications of original work) to be signed by both parties before such Work is commenced. Extra Work will be paid for either at a lump sum, or unit prices agreed upon, or on a Force Account basis. For all labor, teams, and foremen in direct charge of the specific operations accomplished on a Force Account basis, the Contractor shall receive the current local rate of wage, to be agreed upon before starting the Work, to which shall be added fifteen (15) percent of the sum thereof to cover cost of supervision, the rental of small tools and ordinary equipment, additional Bond, Unemployment Insurance, all overhead and any other costs not specifically stated. In addition, the Contractor shall be paid a sum equal to the Worker's Compensation insurance premium, the actual costs of Social Security taxes computed on the base rate for the class of Work involved for the actual amount of the payroll, and the public liability and property damage insurance premium; provided, however, that nothing in this Section will change the legal status of the relationship between the Parties to this Agreement. For all materials furnished and used by the Contractor on a Force Account basis, he shall receive the actual cost of such materials, including transportation charges as shown by original receipted bills, to which shall be added fifteen (15) percent of said actual cost. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 71 of 361 13 For machine power tools or equipment, including fuel and lubricant, used on Force Account Work, payment for the same will be made on a rental basis at the rate agreed upon between the Contractor and the Project Engineer, or Project Manager, to which no rate or percentage shall be added. The compensation as herein provided shall be received by the Contractor as payment for Extra Work done on a Force Account basis. The Contractor shall make no claim for Force Account Work, unless performed on written order and in accordance therewith. The Contractor's representative and the Inspector shall compare records of Extra Work done on a Force Account basis at the end of eachday. Copies of these records shall be made upon suitable forms provided for this purpose, and signed by both the Inspector and the Contractor's representative, one copy being forwarded to the Project Engineer, or Project Manager, and one copy to the Contractor. All claims for Extra Work done on a Force Account basis shall be submitted each month to the Project Engineer, or Project Manager, by the Contractor upon certified statements, or upon forms furnished by the Owner. Work performed prior to a written order by the Project Engineer, or Project Manager, will not be paid for. 3.7 PARTIAL PAYMENTS: The Project Engineer, or Project Manager, will make an estimate once each month, as the Work progresses, of the value of the Work performed and materials completed and in-place or delivered to the site in accordance with the Contract. On request of the Project Engineer, or Project Manager, the Contractor shall furnish a detailed estimate of the total Contract price showing the amount included therein for each category of Work, to provide a basis for determining the amount of progress payments. The market value of materials and equipment delivered to the construction site but not yet incorporated in the Work may, at the discretion of the Owner, be included with a progress payment. However, payment by the Owner for such materials and equipment shall not relieve the Contractor of the responsibility for the care of such materials and equipment because the Owner shall not be deemed to have assumed ownership of the materials or equipment until these are incorporated into the completed and accepted Work. Such increases to progress payments, if authorized, are intended only to reduce the cost of doing business with the Owner. The Owner, when awarding a contract exceeding one hundred fifty thousand dollars ($150,000) for the construction, alteration, or repair of any highway, public building, public work, or public improvement, structure, or system, including real property as defined in section 24-30-1301 (15), shall authorize partial payments of the amount due under such contract at the end of each calendar month, or as soon thereafter as practicable, to the contractor, if the contractor is satisfactorily performing the contract. The Owner shall pay at least ninety-five percent of the calculated value of completed work. The withheld percentage of the contract price of any contracted work, improvement, or construction may be retained until the contract is completed satisfactorily and finally accepted by the Owner. Where the Contract price does not exceed such amount, from the total of the estimate so ascertained will be deducted an amount equivalent to five (5) percent of the whole, to be retained by the Owner until acceptance of the entire Contract, and the balance of the sum equivalent to ninety (90) percent of the whole shall be certified by the Project Engineer, or Project Manager, for payment. In addition, Owner shall retain from all progress payments an amount equal to all statutory claims filed against Contractor. No partial payments except final payment will be made for a sum less than $l,000.00. The estimates will be approximate only, and all partial or monthly estimates and payments shall be subject to correction in the estimate and payment rendered following discovery of an error in any previous estimates or payments. Should any defective Work or material be discovered, or should a reasonable doubt arise as to the integrity of any part of the Work completed previous to the final acceptance and payment, there will be deducted from the first payment rendered after the discovery of such Work an amount equal in value to the defective or questioned Work, and this Work will not be included in a subsequent estimate or payment until the defects have been remedied or the causes for doubt removed. 3.8 TAXES / DIRECT PURCHASE OPTION 3.8.1 Sales and Use Tax - Contractor shall only include sales and use tax levied by the City of Englewood and Arapahoe County on materials in its Schedules of Values, and Subcontractors and Suppliers shall only include such amounts in their Bids. The Owner will furnish to Contractor, on request by the Contractor, the necessary exemption certificates to aid the Contractor in the recovery or avoidance of any such taxes paid or otherwise due to be paid by Contractor for materials and equipment built into the Project, or to support the Contractor's failure to pay such taxes, as the case may be. 3.8.2 Tax Exemption - In accordance with Colorado Revised Statutes Sections 39-26-114 and 39-26-203, and the related regulation of the Department of Revenue, State of Colorado, the Contractor shall apply to the Department of Revenue, and secure prior to commencing the Project an exemption certificate, which when issued by the Department of Revenue will enable the Contractor to purchase for the Project all materials free of State Sales and Use Taxes and Regional Transportation District (RTD) Tax, provided that any building permit fee shall be included in any Proposal with respect to the Project. Further, if awarded the Project, no Englewood sales and/or use tax shall be included in any billing with respect to the Project. This provision shall apply to all contractors, subcontractors and material suppliers. When Englewood sales tax is paid to licensed Englewood vendors for materials, which become part of the Project by a Contractor, the City of Englewood will refund that tax to the Contractor upon receipt of an application from the Contractor at the conclusion of the Project. Accompanying the application must be the material receipt(s) displaying a description of the items(s) purchased, date of purchase, amount of purchase, tax paid and any DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 72 of 361 14 other documentation and information which may be required by the Owner to substantiate the payment and help validate a refund. 3.8.3 Direct Purchase Option - At Owner’s option, Contractor and Owner shall cooperate with one another so that Owner may purchase or contract directly for such items or Contractor and Owner shall make other appropriate arrangements as necessary to avoid incurring taxes, fees, and other costs. In such circumstances, Contractor shall act as agent for Owner in effecting such purchasing and contracting, Contractor shall have all the responsibilities as to such portions of the Work as Contractor otherwise has with respect to the Work. Contractor shall be responsible to expedite, arrange for and receive delivery of all such purchases, regardless of whether made by Contractor or Owner, and shall promptly examine deliveries to ascertain whether or not they comply with the requirements of the Contract Documents. Contractor shall promptly notify the Owner and Architect of any delay in the delivery of such purchases, any failure to receive such purchases as needed and any failure of such purchases to comply with the Contract Documents 3.8.4 Direct Supplier Payment - To the extent that Owner makes any payments directly to Suppliers, such payments shall be credited against the payments due from Owner to Contractor hereunder and shown, as incurred, on all Applications for Payment. Owner shall promptly notify Contractor and Architect, on serially numbered forms, of any amount paid directly for materials, any discounts obtained by Owner, and the amount of the credit due to Owner. 3.8.5 Tax Payment - The Contractor shall pay all sales and use taxes required to be paid, shall maintain such records in respect to his Work, which shall be separate and distinct from all other records maintained by the Contractor and shall be available for inspection by the Owner at any and all reasonable times, and shall furnish the Owner with such data, as may be necessary to enable the Owner to obtain any refunds of such taxes which may be available to the Owner under the laws, ordinances, rules or regulations applicable to such taxes. The Contractor shall require each of his Subcontractors to pay all sales and use taxes required to be paid and to maintain such records and furnish the Contractor with such data as may be necessary to enable the Owner to obtain a refund of the taxes paid by such subcontractors. The Contractors or Subcontractors who purchase materials, which become part of the Project, from governmental entities, which do not honor the exemption and thereby pay sales tax will not be reimbursed for that tax payment by the City of Englewood. The Contractor shall bear the risk of any added or increased taxes occurring during the performance of the Work. A change in taxes shall under no circumstances entitle the Contractor to an adjustment under the Contract. 3.8.6 Discounts - All discounts for prompt payment obtained by Contractor shall accrue to Owner to the extent they apply to Costs of Work payable by Owner (whether paid directly or reimbursed to Contractor). To the extent that such discounts apply to costs paid by Contractor without reimbursement, such discounts shall accrue to Contractor. All trade discounts, rebates and refunds, and all returns from sale of surplus or salvage materials and equipment, shall accrue to the benefit of Owner, and the Contractor’s agreements with others shall provide for such credits to be applied either through credits from Subcontractors and Suppliers passed through to Owner by Contractor or by payment directly to Owner. 3.8.7 Adjustments - The Contract Sum may be adjusted by Agreed Change. Contractor is obligated to pay out of its own funds any overruns of the Contract Sum not approved by Agreed Change as provided in Article 6. 3.9 LIENS 3.9.1 Title - Nothing in this contract shall be construed as vesting in Contractor any right of property in any equipment, materials, supplies, and other items provided under this contract after they have been installed in, incorporated into, attached to, or affixed to, the work or the work site. All such equipment, materials, supplies, and other items shall, upon being so installed, incorporated, attached or affixed, become the property of Owner, but such title shall not release Contractor from its duty to insure and protect the Work in accordance with the requirements of thiscontract. 3.9.2 Waivers of Lien - Contractor shall, from time to time at Owner's request and in any event prior to final payment, furnish to Owner such receipts, releases, affidavits, certificates, and other evidence as may be necessary to establish, to the reasonable satisfaction of Owner, that no lien against the work or the public funds held by Owner exists in favor of any person whatsoever for or by reason of any equipment, material, supplies, or other item furnished, labor performed, or other thing done in connection with the work or this contract ("Lien") and that no right to file any Lien exists in favor of any person whatsoever. 3.9.3 Removal of Liens - If at any time any notice of any Lien is filed, then Contractor shall, promptly and without charge, discharge, remove, or otherwise dispose of such Lien. Until such discharge, removal, or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 73 of 361 15 disposition, Owner shall have the right to retain from any money payable hereunder an amount that Owner, in its sole judgment, deems necessary to satisfy such Lien and to pay the costs and expenses, including attorneys' fees and administrative expenses, of any actions brought in connection therewith or by reason thereof. 3.9.4 Protection of Owner Only - This section shall not operate to relieve Contractor's surety or sureties from any of their obligations under the Bonds, nor shall it be deemed to vest any right, interest, or entitlement in any subcontractor or supplier. Owner's retention of funds pursuant to this section shall be deemed solely for the protection of its own interests pending removal of such Liens by Contractor, and Owner shall have no obligation to apply such funds to such removal but may, nevertheless, do so where Owner's interests would thereby be served. 3.10 DEDUCTIONS 3.10.1 Owner's Right to Withhold - Notwithstanding any other provision of this contract and without prejudice to any of Owner's other rights or remedies, Owner shall have the right at any time or times, whether before or after approval of any Pay Request, to deduct and withhold from any Progress or final payment that may be or become due under this contract such amount as may reasonably appear necessary to compensate Owner for any actual or prospective loss due to: a) Work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; b) Damage for which Contractor is liable under this contract; c) State or local sales, use, or excise taxes from which Owner is exempt; d) Liens or claims of Lien regardless of merit; e) Claims of subcontractors, suppliers, or other persons regardless of merit; f) Delay in the progress or completion of the work; g) Inability of Contractor to complete the work; h) Failure of Contractor to properly complete or document any Pay Request; i) Any other failure of Contractor to perform any of its obligations under this contract; or j) The cost to Owner, including attorneys' fees and administrative costs, of correcting any of the aforesaid matters or exercising any one or more of Owner's remedies set forth in Section 3.2 of this contract. 3.10.2 Use of Withheld Funds - Owner shall be entitled to retain any and all amounts withheld pursuant to subsection 7.12 above until Contractor shall have either performed the obligations in question or furnished security for such performance satisfactory to Owner. Owner shall be entitled to apply any money withheld or any other money due Contractor under this contract to reimburse itself for any and all costs, expenses, losses, damages, liabilities, suits, judgments, awards, attorneys' fees and administrative expenses incurred, suffered, or sustained by Owner and chargeable to Contractor under this contract. Article 4. COMPLETION, TIME AND DELAYS IN CONSTRUCTION 4.1 DELAYS: No payment, compensation, damages, or adjustment of any kind, other than extension of the contract time if received in writing by Owner shall be made to, or claimed by, Contractor because of hindrances or delays from any cause in the commencement, prosecution, or completion of the work, whether caused by Owner or any other party and whether avoidable or unavoidable other than as set forth in a change order described fully above. 4.2 CONSTRUCTION SCHEDULE: Within the time specified in the Request for Bids, the Contractor shall submit to the Owner a proposed Construction Schedule using Primavera, MS Project or other comparable Critical Path Method (CPM) scheduling software. The Construction Schedule must include all Work activities to be performed under the Contract including any work to be performed by Subcontractors and must account for all Reasonably Predictable Weather Delays. All activities should be logically tied with a critical path clearly identified. The schedule must have sufficient detail to adequately plan and manage the Work. Contractual and key milestones are to be identified. The Construction Schedule must include a brief narrative including: a) A description of the schedule critical path (series of tasks that define the overall project schedule); b) Identification of non-work days such as weekends or holidays; c) A table showing calculated Reasonably Predictable Weather Days (including drying days for each month); and d) List of assumptions used while developing the Construction Schedule. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 74 of 361 16 It will be presumed that the Contractor, at the time of Bid, took into account the number of days which might be unavailable for Work as a result of Reasonably Predictable Weather Delays during the Contract Time. The Contractor shall calculate the average number of lost weather days for each month of the Construction Schedule as defined in section 4.12.4 below. On a monthly basis with each pay application and as requested by the Project Engineer, or Project Manager, the Contractor shall update the Construction Schedule and provide a summary report of progress on the various parts of the Work, including the status, rate of progress, estimated completion date, and cause of delay, if any. This report shall not constitute a request or approval for any change in the Contract Time. Work shall normally not be done on Saturdays, Sundays, Owner observed holidays, or outside of the daytime working hours (7:00 a.m. to 7:00 p.m.), except for such work as may be necessary for proper care, maintenance, and protection of Work already done, or in cases when the Work would be endangered or when hazard to life or property would result. No work shall be done on Sundays, holidays, or at night outside of usual daytime working hours, except in emergencies beyond the Contractor’s control, whereby the work would be endangered, or hazards to life or property would result. If the Contractor believes it may be necessary to work on Saturdays, Sundays, holidays, or at night, the Contractor shall make prior arrangements with the Project Engineer, or Project Manager, and receive written approval at least forty-eight (48) hours before such work period so that proper inspection and engineering services can be provided. Such approval may be revoked by the Project Engineer, or Project Manager, if the Contractor fails to maintain adequate equipment and lighting at night for the proper prosecution, control and inspection of the Work. If Work is done outside of approved working hours, and the Project Engineer, or Project Manager, has not assigned Inspectors to the Work, the Work performed during those periods of time may be declared defective solely on the grounds that it was not properly inspected. 4.3 SUBCONTRACTING OR ASSIGNING OF CONTRACT: No Contractual relationship will be recognized under the Contract other than the Contractual relationship between the Owner and Contractor. 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 Owner 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. 4.4 COMMENCEMENT OF WORK: 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 Public Works, and agrees to fully complete said work within the schedule designated in the contract plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the Contract Documents and Specifications. The Contractor shall notify the Project Engineer, or Project Manager, at least 48 hours in advance of the time he intends to begin Work. The Contractor shall conduct Work in such a manner and with sufficient materials, equipment, and labor as is considered necessary to insure its completion within the time limit set forth in the Contract. Should the prosecution of Work for any reason be discontinued by the Contractor, with the consent of the Project Engineer, or Project Manager, he shall notify the Project Engineer, or Project Manager, at least 48 hours in advance of resuming operations. 4.5 LIMITATION OF OPERATIONS: Each item of Work shall be performed to completion without delay and in no instance will the Contractor be permitted to transfer his force from uncompleted Work to new Work without the permission of the Project Engineer, or Project Manager. The Contractor shall not open up Work to the prejudice of Work already started. 4.6 PROGRESS SCHEDULE: The Contractor shall prepare and submit to the Project Engineer, or Project Manager, for approval five (5) calendar days prior to the Preconstruction Conference, a practicable schedule, showing the order in which the Contractor proposes to carry on the Work, the date on which he will start the several salient features (including procurement of materials and equipment) and the contemplated dates for completing the same. The schedule shall be in the form of a progress chart of suitable scale to indicate appropriately the percentage of Work scheduled for completion at any time. The Contractor shall enter on the chart the actual progress at such intervals as directed by the Engineer or Project Manager, and shall immediately deliver three copies thereof. If the Contractor fails to submit a progress schedule within the time herein prescribed, the Project Engineer, or Project Manager, may withhold approval of progress payment estimates until such time as the Contractor submits the required DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 75 of 361 17 progress schedule. The Contractor shall perform the Work in accordance with the latest approved progress Schedule. In the event that the progress of items along the critical path in the project schedule is delayed, the Contractor shall revise his planning to include additional forces, equipment, shifts or hours as necessary to meet the time or times of completion specified in this Contract. Additional costs resulting therefrom will be borne by the Contractor. The Contractor shall make such changes when his progress at any check period does not meet at least one of the following two tests: a. The percentage of dollar value of completed Work with respect to the total amount of the Contract is within ten percentage points of the percentage of the Contract time elapsed,or; b. The percentage of dollar value of completed Work is within ten percentage points of the dollar value which should have been performed according to the Contractors own network analysis previously approved by the Project Engineer, or Project Manager. Failure of the Contractor to comply with the requirements under this Section will be grounds for determination that the Contractor is not performing the Work with such diligence as will ensure completion within the time of completion specified in this Contract. Upon such determination, the Owner may terminate the Contractor's right to proceed with the Work, or any separate part thereof, in accordance with the provisions contained herein. The Owner may extend the time periods reflected by subparagraphs (a) and (b) above, if those subparagraphs do not reasonably reflect upon the Contractor’s prosecution of the Work. 4.7 CHARACTER OF WORKMEN AND EQUIPMENT: The Contractor shall employ such superintendents, foremen, and workmen as are careful and competent, and the Project Engineer, or Project Manager, may demand the dismissal of any person or persons employed by the Contractor in, about, or upon the Work who shall engage in acts of misconduct (as defined in the Federal Contractor Misconduct Database) or be incompetent or negligent in the proper performance of his or her duties, or neglects or refuses to comply with the directions given, and such person or persons shall not be employed again thereon without the written consent of the Project Engineer, or Project Manager. Should the Contractor continue to employ, or again employ such person or persons, the Project Engineer, or Project Manager, may withhold all payments which are or may become due, or the Project Engineer, or Project Manager, may suspend the Work until such orders are complied with. In the employment of labor, preference shall be given, other conditions being equal, to residents of the area wherein the Work is being done, but no other preference or discrimination among citizens of the United States shall be made, except as may be required by special labor provisions. The Contractor shall furnish such equipment as is considered necessary for the prosecution of the Work in an acceptable manner and at a satisfactory rate of progress. All equipment, tools, and machinery used for handling materials and executing any part of the Work shall be maintained in a satisfactory working condition. Equipment used on any portion of the Work shall be such that no injury to the workers, roadways, adjacent property, or other objects will result from its use. The Contract may be terminated if the Contractor fails to provide adequate equipment for the Work. 4.8 SUSPENSION OF WORK: The Owner may suspend all or any part of the Work by written order signed by the Project Engineer, or Project Manager, without invalidating the Contract, for such period or periods as it may deem necessary due to: a) Any reason for the convenience of the Owner, with or without cause, including but not limited to the availability of funding for the Project; b) An order from a state or federal court or administrative agency; or c) The Contractor’s failure to perform any provision of the Contract Documents. Upon receipt from the Project Engineer, or Project Manager, of an order to suspend the Work, the Contractor shall, within three (3) days, submit a suspension plan to the Project Engineer, or Project Manager, for acceptance. The plan shall describe how the Contractor will store all materials in a manner so that the materials will not become an obstruction or become damaged in any way, what cost effective methods it will employ to prevent damage to or deterioration of the Work and otherwise protect the Work, how suitable drainage will be provided, what temporary structures will be necessary, and how the Contractor will prepare for resuming the Work for the least possible remobilization cost. After the plan is accepted, the Contractor shall implement it in accordance with instructions received from the Project Engineer, or Project Manager. Under no circumstance shall a suspension absolve the Contractor or the Contractor’s sureties of the duties and responsibilities guaranteed under the Bonds. The Contractor shall again proceed with the Work when it is ordered to do so in writing by the Project Engineer, or Project Manager. Upon the resumption of the Work for all suspensions not involving the Contractor’s failure to perform in accord with the Contract Documents, adjustment of Contract Time, if appropriate, will be made in accordance with these General Conditions. Adjustment of the Contract Price, if any, will be within the Owner’s sole discretion and shall not in any event, exceed the cost of the extra work resulting from such suspension. Such cost, if any, shall be determined in DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 76 of 361 18 accordance with these General Conditions. 4.9 SUSPENSION OF WORK FOR OWNER’S CONVENIENCE: Upon decision to suspend the Work or any part of the Work for the Owner’s convenience, the order of suspension will extend the Contract Time for the number of days of such suspension if all Work is suspended. If the suspension applies to only a part of the Work, a time extension will not be authorized until the partial suspension has run and its effect on the entire Contract can be evaluated. In all cases of suspension for the Owner’s convenience, the costs to the Contractor will be determined in accordance with these General Conditions. Upon order of such suspension, the Contractor shall immediately begin to perform in a manner designed to minimize the costs of protecting the Work and maintaining it in a condition which will permit its resumption for the least possible remobilization cost. 4.10 SUSPENSION OF WORK DUE TO ORDER OF CITY, COUNTY, STATE or FEDERAL COURT OR AGENCY: If the suspension of work is due to an order from a City, County, State or Federal court, the order of suspension will identify the court or agency order which caused the suspension and will extend the Contract by the amount of time specified by the court or agency order. If the order causes suspension for an indefinite period of time and as a result a time extension cannot be established, the order of suspension will also be for an indefinite period of time. If the order is issued because of acts or omissions of the Contractor, the Contractor shall not be entitled to a time extension or payment for any additional costs it incurs. 4.11 SUSPENSION OF WORK RESULTING FROM CONTRACTOR’S FAILURE TO PERFORM: If a suspension order results from the Contractor’s failure to satisfactorily perform any of the provisions of the Contract, including but not limited to faulty workmanship, safety concerns, improper or inadequate manpower, equipment, supplies or supervision, or failure to perform the Work in a timely manner, the order will identify the reason, or reasons, for the order. In this circumstance, no time extension will be authorized for the Contractor and any costs to the Contractor resulting from such suspension order will not be reimbursed by the Owner. A suspension order issued under these circumstances will remain in effect until the Contractor has removed or corrected the grounds for the suspension, if applicable, or the order requiring such suspension expires by its terms. 4.12 CONTRACT TIME: Work shall be fully completed in a satisfactory and acceptable manner by the Completion Date as modified by Change Orders that may extend the project schedule due to excusable delays. 4.12.1 Delays - Delay claims fall into three categories: non-excusable; excusable/non-compensable; and excusable/compensable. Any payment for compensable delays or the granting of time extensions for excusable delays requires a properly executed Change Order. The Contractor agrees that time extensions shall constitute full compensation for any excusable/non-compensable delay, and the Contractor shall make no claim for monetary damages relating to any non-excusable delay or any excusable/non- compensable delay. 4.12.2 Non-Excusable Delay - Non-excusable delay is caused by factors within the Contractor’s reasonable control or by the Contractor’s fault. No additional time or additional compensation is allowed for non- excusable delays. Typical non-excusable delays, without limitation, include: a) Late submittal of Shop Drawings; b) Late procurement of materials or equipment; c) Insufficient personnel; d) Unqualified personnel; e) Inadequate coordination of Subcontractors or other contractors; f) Subcontractor delays; g) Late response to Owner, Project Engineer, or Project Manager, or Inspector inquiries; h) Failure to comply with the requirements of the Contract Documents; i) Construction not conforming to contract requirements making repeated re-working necessary; j) Delays resulting from the Contractor’s failure to take reasonable actions to mitigate or prevent further delays relating to any excusable delay; k) Failure to continue performance during the determination of any Contractor Change Request or claim; and l) Weather delays exceeding the Reasonably Predictable Weather Days identified on the approved Construction Schedule, unless approved as unusually severe weather days. 4.12.3 Excusable Delay a. Excusable/Non-compensable delay is caused by factors beyond the Contractor’s reasonable control, but is not the result of the Owner’s actions or omissions. An excusable/non-compensable delay entitles the Contractor to an extension of time but no additional compensation for the cost of the delay. Typical excusable/non-compensable delays, without limitation, include strikes, lockouts, natural fires not DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 77 of 361 19 caused by Contractor’s acts or omissions, unusual delay in transportation, unavoidable casualties, legal or administrative proceedings affecting the Work or the Project, and other causes beyond the Contractor’s control. b. Excusable/Compensable delay is caused by the Owner’s failure to meet an obligation within its control stated or implied in the Contract, but shall not include any action, omission, or exercise of any right under the Contract. If the Project Engineer, or Project Manager, considers a delay as compensable, the Owner will grant a time extension or reimburse the Contractor for the increased total cost of performance caused by the delay, or both, as appropriate. Typical excusable/compensable delays, without limitation, include: 1) Late approval of Shop Drawings and samples; 2) Delays in answers to field inquiries made by the Contractor; 3) Interference with the Contractor during construction: 4) Owner-caused schedule changes; 5) Design changes; or 6) Interference by another contractor’s or the Owner’s personnel. 4.12.4 Weather Delay - In order for a Weather Delay to occur, the total lost weather days must exceed the total number of such days included in the contract time as specified in the Special Provisions for the project. The Weather Delay, if any, shall be the number of days of such excess; provided that no Weather Delay shall have occurred except to the extent that Work which needs to be performed during the period of time affected by adverse weather is actually delayed in a manner that delays the critical path to completion of the Work. As used herein, a “lost weather day” shall mean a day during which actual adverse weather prevents work on activities that need to be performed on that day in accordance with the Project Schedule for fifty percent (50%) or more of Contractor’s scheduled Work for such day. Contractor shall report to Owner no later than 10:30 a.m. Mountain Time on each day Contractor claims to be a lost weather day or (ii) if Work on the Project has commenced for such day, within one hour of Contractor’s decision to suspend Work because of such adverse weather. Such report shall state that Contractor considers that a lost weather day is occurring and shall describe the weather conditions experienced and how the weather conditions have affected the Scheduled Work for such day. Unless Contractor gives such timely notice as to any day when work is adversely affected by adverse weather, Contractor shall not be entitled to claim such day as a lost weather day. 4.12.5 Time Adjustments for Weather Delays - The Project Engineer, or Project Manager, in his or her discretion, may deem weather-related delays as excusable/non-compensable if the net number of lost weather days in any month exceeds the number of Reasonably Predictable Weather Days for that month shown on the approved Construction Schedule. The Contractor must submit a weather time impact analysis supporting any request for time extensions due to unusually severe weather. If Contractor is delayed in the performance or progress of the Work by fire, flood, epidemic, abnormal weather conditions, acts of God, acts or failures to act of utility owners not under the control of Owner, or other causes not the fault of and beyond the control of Owner and Contractor, then Contractor shall be entitled to an equitable adjustment in Contract Times, if such adjustment is essential to Contractor’s ability to complete the Work within the Contract Time. Such an adjustment shall be Contractor’s sole and exclusive remedy for the delays described in this Paragraph. 4.13 LIQUIDATED DAMAGES: The Owner may permit the Contractor to proceed if the Contractor fails to advance the Work sufficiently to obtain a Notice of Substantial Completion on or before the Completion Date, as modified by Change Orders providing for additional time due to excusable delays. In such case, the Contractor will pay the sum of liquidated damages stipulated in the Special Conditions for each day that the Work remains uncompleted. This sum shall not be a penalty but is liquidated damages. The Parties agree that time is of the essence in the performance of this Contract and that actual damages for delay are incapable of calculation. The Parties agree that, under all of the circumstances, the daily basis and the amount set forth as liquidated damages is reasonable and equitable. The Owner expends additional personnel effort in administrating the Contract or portions of it that are not completed on time, and such efforts and the costs thereof are impossible to accurately compute. In addition, some, if not all, citizens of the City of Englewood incur personal inconvenience and lose confidence in their government as a result of public projects or parts of them not being completed on time, and the impact and damages, certainly serious in monetary as well as other terms, are impossible to measure. Permitting the Contractor to continue and finish the Work, or any part of it, after the Completion Date shall not operate as a waiver on the part of the Owner of liquidated damages or any of its rights under the Contract. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 78 of 361 20 The Owner may deduct liquidated damages or any portion thereof due under this article from Final Payment and may sue for and recover such damages from the Contractor and the Surety. The Owner and Contractor agree that as liquidated damages for delay, but not as a penalty, Contractor shall pay the Owner the amount specified in the table below for each day that expires after the time specified for substantial completion until the Work is complete, and for each day that expires after the time specified for final completion until the Work is finally complete. Original Contract Amount Amount of Liquidated Damages Per Day Less than $150,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $500.00 $150,000 and less than $500,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000.00 $500,000 and less than $1,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,600.00 $1,000,000 and less than $2,000,000. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $2,300.00 $2,000,000 and less than $4,000,000 .............................................................................................................. $4,100.00 $4,000,000 and over. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $5,800.00 In addition to liquidated damages, inspections required after the Contractual "Time of Completion" shall be charged to the Contractor at the rate of $50.00 per hour. The Owner shall recover said inspection charges and liquidated damages by deducting the amount thereof out of any moneys which may be due or may become due to the Contractor, and/or by an action at law against the Contractor or his Surety. It is understood and agreed that aside from any other penalty or damage, all costs of the Project Engineer, or Project Manager, and inspection on behalf of the Owner may be charged to the Contractor and be deducted from any estimate or payment otherwise due and payable to him 4.14 ADJUSTMENT FOR SUSPENDED WORK: In the event the Contractor is ordered by the Owner, in writing, to suspend Work for some unforeseen cause not provided for in the Contract, and over which the Contractor has no control, the Contractor may be reimbursed for actual money expended on the job during the period of shutdown. No allowance will be made for lost profits. The period of shutdown shall be computed from the date set out in the written order for Work to cease until the date of the order for Work to resume. Claims for such compensation shall be filed with the Owner within 10 days after date of order to resume Work or such claims will not be considered. The Contractor shall submit with his claim, substantiating papers covering the entire amount shown on the claim. The Owner shall take the claim under consideration, and may make such investigations as are deemed necessary, and shall be the sole judge as to the equitability of such claim and such decision shall be final. Notwithstanding any provisions of this Contract to the contrary, no provision of this section shall be construed as entitling the Contractor to compensation for delays due to inclement weather, delays due to failure of Surety, for suspensions made at the request of the Contractor, or for any other delay provided for in the Contract Documents, Specifications, Special Provisions, Proposal, Contract, Change Order, Field Order or Supplemental Agreement. 4.15 TERMINATION OF CONTRACT: The Contract may be terminated by theOwner for cause or convenience. Notwithstanding the below, the Contractor shall not be relieved of the liability to the Owner for damages sustained by the Owner by virtue of breach of the award by the Contractor and the Owner may withhold any payments to the Contractor for the purpose of set off until such time as the exact amount of damages due the Owner from the Contractor is determined. Owner reserves the right to take possession of any machinery, implements, tools, or materials of any description that shall be found upon the Work, to account for said equipment and materials, and to use the same to complete the Project. When the Work is thus finally completed, the total cost of the same will be computed. If the total cost is more than the Contract price, the difference shall be paid to the Owner either by the Contractor or his Surety. If the total cost is less than the Contract price, the difference will be paid by theOwner to the Contractor or his Surety. In case of termination all expenses incident to ascertaining and collecting losses under the bond, including Project Engineer, or Project Manager, and legal services, shall be assessed against the bond. 4.16 TERMINATION FOR CAUSE: The Owner may terminate the Contract for cause due to the actions or inactions of the Contractor. Cause includes, without limitation: a) If the Work to be performed under the Contract is assigned by the Contractor without written permission of the Owner; b) Contractor's disregard of Laws or Regulations of any public body having jurisdiction; c) Contractor's repeated disregard of the authority of the Project Engineer; ; d) If a general assignment of the Contractor’s assets is to be made for the benefit of its creditors; e) If a receiver is appointed for the Contractor or any of its property; DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 79 of 361 21 f) Substantial evidence of collusion for the purpose of illegally procuring a Contract or perpetrating fraud on the Owner in the construction of the Work under the Contract; g) If the Contractor has materially breached any of the conditions, provisions or covenants of the Contract; h) Failure of the Contractor to promptly repair, replace or remove any defects in materials or Work or any defects in materials or Work of any other nature, the correction of which has been directed in writing by the Project Engineer, or Project Manager; i) If, at any time, the performance of the Work under the Contract is being unnecessarily delayed or if the Contractor is willfully or deliberately violating any of the conditions, provisions, or covenants of the Contract Documents, or if the Contractor is executing the same in bad faith or otherwise not in accordance with terms of the Contract; j) Evidence that the progress being made by the Contractor is insufficient to complete the Work within the specified time; k) Failure of the Contractor to start the Work on the date given in the Notice to Proceed; l) If the Work or any part of the Work is not fully completed within the time or times named for its completion or within the time to which such completion date or dates have been extended; m) If the Contractor abandons the Work by failing to be at work site for two consecutive days, and performing work, on days upon which the schedule anticipates work to be performed; n) If the Contractor fails to maintain the required Bonds, licenses, permits, or insurance; o) Bankruptcy or insolvency of the Contractor, or if the Contractor shall allow any final judgment to stand against him unsatisfied for a period of ten (10) days or shall make an assignment for the benefit of creditors. p) If the Contractor or any of its officers or employees are convicted, plead nolo contendere, enter into a formal agreement in which they admit guilt, enter a plea of guilty, or otherwise admit culpability to criminal offenses of bribery, kickbacks, collusive proposing, bid-rigging, antitrust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature, in connection with Contractor’s business; or q) If other just cause exists. 4.16.1 Written Notice - The Owner will send written notice to the Contractor and the Surety of the Owner’s intent to terminate for cause and will give the Contractor and Surety ten (10) days from the date the notice was sent to cure the default, if such default is subject to cure, or provide to the Owner in writing, a detailed plan of how it will remove the causes for termination, except that, if the Completion Date is less than ten (10) days away, the notice may specify less than ten (10) days. If the Contractor or Surety does not submit such plan within the time established, or if, in the judgment of the Owner, such plan will not ensure the satisfactory performance of the Work, the Owner may declare the Contract terminated on the effective date specified in the notice or any other date thereafter. 4.16.2 Discontinue Work - In the event of termination for cause, the Owner shall notify the Contractor to discontinue all Work under the Contract and the Contractor shall immediately respect such notice, stop all Work and cease to have any right to possession of the Work site. 4.16.3 Contract Forfeiture - In addition, the Contractor shall forfeit its Contract as of the specified effective date of termination. 4.16.4 Possession of Materials and Equipment - Upon such termination for cause, the Owner may take possession of all materials, equipment, tools, and temporary material manufacturing plants as may be on the site of the Work or necessary for completion of the Work and take over the Work and prosecute the same to completion, by Contract or otherwise, for the account and at the expense of the Contractor. 4.16.5 Cost Liability - If Owner proceeds as provided in Paragraph 4.16, Contractor shall not be entitled to receive any further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Owner arising out of or relating to completing the Work, such excess will be paid to Contractor. If such claims, costs, losses, and damages exceed such unpaid balance, Contractor (and/or its surety) shall pay the difference to Owner. Such claims, costs, losses, and damages incurred by Owner will be reviewed by the Project Engineer as to their reasonableness and, when so approved by the Project Engineer, incorporated in a Change Order. When exercising any rights or remedies under this Paragraph, Owner shall not be required to obtain the lowest price for the Work performed. 4.17 TERMINATION FOR CONVENIENCE OF THE OWNER: The performance of Work under the Contract in whole or in part may be terminated without cause by the Owner whenever the Owner, in its sole discretion, shall determine DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 80 of 361 22 that such termination is in the best interest and convenience of the Owner or whenever the Owner is prohibited from completing the Work for any reason. Such termination shall be effected by giving not less than three (3) days’ written notice to the Contractor specifying the extent to which performance of the Work is terminated and the date upon which such termination becomes effective. 4.17.1 Contractor Responsibilities - Upon receipt of such notice of termination, the Contractor shall: a) Stop work under the Contract on the date and to the extent specified in the Notice of Termination; b) Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; c) Terminate all orders and subcontracts except as necessary to complete Work which is not terminated; d) If directed in writing by the Owner to do so, assign all right, title, and interest in subcontracts and materials in progress, in which case the Owner will have the right, in its discretion, to settle or pay any or all Claims arising out of the termination of such subcontracts; e) Transfer title and deliver to the Owner in the manner, at the times, and to the extent, if any directed by it, (a) the fabricated or un-fabricated parts, Work in process, completed Work, supplies and other material procured as a part of, or acquired in connection with the performance of, the Work terminated by the Notice of Termination, and (b) the completed or partially completed Plans, drawings, information, and other property, which, if the Contract had been completed, would have been required to be furnished to the Owner; f) Settle outstanding liabilities and claims with the approval of the Owner; g) Complete performance of such part of the Work not terminated; and h) Take such other actions as may be necessary, or as may be directed by the Owner, for the protection and preservation of the property related to the Contract. 4.17.2 Payment for Work Performed - With respect to Contract Work performed prior to the effective date of the Notice of Termination, the total (without duplication of any items) of: a) The cost of such Work; b) The cost of settling and paying claims arising out of the termination of Work under subcontracts or orders as provided in subparagraph (d) above, exclusive of the amounts paid or payable on account of supplies or materials delivered or services furnished by the Subcontractor prior to the effective date of the Notice of Termination of Work under the Contract, which amounts shall be included in the cost on account of which payment is made under (a) above; c) A sum, as profit on the cost of such Work, determined by the Owner to be fair and reasonable; provided, however, that if it appears that the Contractor would have sustained a loss on the entire Contract had it been completed, no profit shall be included or allowed under this subparagraph and an appropriate adjustment shall be made by reducing the amount of the settlement to reflect the indicated rate of loss; d) The reasonable cost of the preservation and protection of property incurred pursuant to subparagraph (h) and any other reasonable cost incidental to termination of Work under this Contract, including expense incidental to the determination of the amount due to the Contractor as the result of the termination of Work under this Contract. 4.17.3 Remaining Inventory - Except as provided herein, any inventory paid for by the Owner but remaining upon the termination of the Contract may, with written approval of the Owner, be sold or acquired by the Contractor under the conditions prescribed by and at prices approved by the Owner. 4.17.4 Request for Final Payment - Upon receipt of notice of such termination, the Contractor shall submit to the Project Engineer, or Project Manager, a request for final payment, in a form and with certification prescribed by the Owner. Such request shall be submitted promptly but in no event later than sixty (60) days from the effective date of termination, unless extended in writing by the Project Engineer, or Project Manager, upon the written request of the Contractor within such sixty (60) day period, or such earlier date as is provided by law. 4.17.5 Profit - Subject to the provisions contained herein, the Contractor and the Owner may agree upon the whole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work pursuant to this Section, which amount or amounts may include an allowance for profit on Work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of Work terminated. The Contract will be amended accordingly, and the Contractor will be paid the agreed amount. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 81 of 361 23 4.17.6 Calculation of Final Payment - The final payment to the Contractor after a termination for convenience shall be calculated as follows: a) From the Contract Price, subtract the following: 1) The total amount paid to the Contractor to date; 2) The value of the Work completed since the last approved pay application; 3) The total amount of retainage withheld by the Owner to date; 4) The agreed price for, or the proceeds of sale of, any materials, supplies, or other things acquired or sold by the Contractor or sold pursuant to these General Conditions and not otherwise recovered by or credited to the Owner; 5) The total of all claims the Owner may have against the Contractor; and 6) Any outstanding claims pursuant to C.R.S. § 38-26-107, as amended or superseded. b) Multiply the number resulting by 0.05. The number resulting is the full and complete compensation for anticipated profits c) Add the following to the total resulting from the prior step: 1) Any actual costs incurred by the Contractor for restocking charges; 2) The agreed upon price of protecting the Work in the manner, if any, directed by the Owner; 3) The amount of retainage withheld by the Owner to date; and 4) The value of the Work completed since the last approved pay application. The sum calculated under this article, when paid to the Contractor, shall constitute full and final settlement of the Contract Price. 4.17.7 Defective Work - The settlement for the Work performed shall not relieve the Contractor, or its surety, from responsibility for defective Work and/or materials on the completed portion of the Work nor for labor and materials or any other items as guaranteed by the Bonds. 4.17.8 Owner Access - Unless otherwise provided for in this Contract, or by applicable statute, the Contractor, from the effective date of termination and for a period of three years after final settlement under this Contract, shall preserve and make available to the Owner at all reasonable times at the office of the Contractor, but without direct charge to the Owner, all books, records, documents and other evidence bearing on the costs and expenses of the Contractor under this Contract and related to the expenses of the Contractor under this Contract and related to the Work terminated hereunder, or to the extent approved by the Owner, photographs, micro-photographs, or other authentic reproductions thereof. 4.17.9 Right to File Claim - If the Parties fail to agree in whole or in part on the amount or amounts to be paid to the Contractor in connection with the termination of work pursuant to this article, the Contractor may submit a claim as provided in these General Conditions, except that, if the Contractor has failed to submit its request for payment within the time provided above and has failed to request an extension of such time, it shall have no such right. 4.17.10 Total Sum to be Paid - The total sum to be paid to the Contractor under subparagraph (a) above will not exceed the total Contract price as reduced by the amount of payments otherwise made and as further reduced by the Contract price of Work terminated. 4.17.11 Deduction for Claims - In arriving at the amount due the Contractor under this Section, there will be deducted (i) any claim which the Owner may have against the Contractor in connection with this Contract, (ii) the agreed price for, or the proceeds of sale, of materials, supplies or other things acquired by the Contractor or sold, pursuant to the provisions of this Section and not otherwise recovered by or credited to the Owner and (iii) the full amount of any statutory or other claim against the Contractor filed with the Owner. 4.17.12 Subcontractors - The Contractor shall insert in all subcontracts that the Subcontractor shall stop Work on the date of and to the extent specified in a Notice of Termination from the Owner and shall require that any tier subcontractors insert the same provision in any tier subcontracts. 4.18 COOPERATION WITH OTHER CONTRACTORS: In connection with the improvements under this Contract, the right is reserved by the Owner to award any Work not included in the Contract to another Contractor for performance during the progress of the Work, or to perform such Work with the Owner's forces, and the Contractor under this Contract shall cooperate and so conduct his operation as to minimize the interference therewith, as directed by the Project Engineer, or Project Manager. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 82 of 361 24 4.19 TERMINATING OF CONTRACTOR'S RESPONSIBILITY: This Contract will be considered complete when all Work and final cleanup has been finished, the Work accepted by the Owner, and all claims for payment of labor, materials, or services of any kind used in connection with the Work have been settled for by the Contractor or his Surety. The Contractor will then be released from further obligation except as set forth in the Surety Bond and for his responsibility for injury to persons or property arising from his duties and obligations under Section 7. The Surety Bond executed for performance of this Contract shall be in full effect for a period of one year following acceptance of the Work, except that with regard to the representation regarding copyright infringement found in Article 18, the Surety shall remain in effect for three years and with regard to the representation regarding patent infringement found in Article 18, the Surety shall remain in effect for six years. Neither the final payment nor any provision in the Contract documents shall relieve the Contractor of the responsibility for negligence or faulty materials or workmanship. The Contractor shall warrant his work to be free from faulty materials or workmanship for the period of one year after final payment and upon written notice he shall remove any defect due thereto and pay for any damage due to other Work resulting there from which shall appear within the one-year period. Remedied Work shall carry the same warranty as the original Work starting with the date of acceptance of the replacement or repair. Payment to the Contractor will not relieve him of any obligation under this Contract. Article 5. PROJECT AND CONSTRUCTION MANAGEMENT 5.1 AUTHORITY OF PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, shall decide any and all questions which may arise as to the quality and acceptability of the materials furnished, the Work performed, the manner of performance and the rate of progress of the Work. He/She shall decide all questions which may arise as to the interpretation of the Plans and Specifications, all questions as to acceptable fulfillment of the Contract, all disputes and mutual rights by the Contractors if there is more than one Contractor on the Work, and all questions as to compensation. The decision of the Project Engineer, or Project Manager, shall be final. He/She shall have executive authority to make effective such decisions and to enforce the Contractor to carry out all orders promptly. The Project Engineer, or Project Manager, shall be the primary interpreter of the meaning and intent of the Construction Documents and shall be, in the first instance, the judge of the performance of the Contract. The Project Engineer, or Project Manager, will visit the site at appropriate intervals to become familiar with its progress and quality and to determine in general if the Work is being performed in such a manner that it will, when fully completed, be in accordance with the Contract Documents. The Project Engineer, or Project Manager, shall, in a timely manner, evaluate and issue written determinations resolving any claims or disputes submitted to the Project Engineer, or Project Manager, for review under the Contract. Interpretations and decisions of the Project Engineer, or Project Manager, will be consistent with the intent of, and reasonably inferable from, the Contract Documents. The Project Engineer, or Project Manager’s decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. In exercising its authority to make such determinations, the Project Engineer, or Project Manager, shall exercise independent professional judgment based on the Contract Documents and shall not favor Contractor or Owner. All such determinations shall be subject to judicial review, provided, however, that any matters designated as Disputes under the Contract shall be submitted to Dispute Resolution in accordance with the Contract before being made the subject of litigation unless the Contract specifically provides otherwise. 5.2 COMMUNICATIONS: Contractor shall furnish both Owner and Project Engineer copies of all notices Contractor gives to either the Project Engineer, Project Manager, or Owner under the Contract relating to Applications for Payment, Change Directives, Proposed Changes, Change Orders, Progress Payments, or claims for adjustment in the Contract Sum, Required Substantial Completion Date or Required Final Completion Date. Such duplicate notice shall also be given as to other matters requested in writing by Owner or Project Engineer, or Project Manager. 5.3 SUPERVISION: The Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor shall be responsible to see that the completed work complies with the Contract Documents. The Contractor shall designate and keep on the Work at all times during its progress a competent Superintendent who shall not be replaced without prior written notice to the Owner and Project Engineer. The Superintendent will be the Contractor's representative at the site and shall have authority to act on behalf of the Contractor. All communications given to the Superintendent shall be as binding as if given to the Contractor. During periods when the Work is suspended, the Contractor shall make appropriate arrangements for any emergency work which may be required. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 83 of 361 25 Whenever the Superintendent is not present on any particular part of the Work where the Project Engineer, or Project Manager, may desire to inform the Contractor relative to interpretation of the Plans and Specifications or to disapproval or rejection of materials or Work performed, the Project Engineer, or Project Manager, may so inform the foreman or other worker in charge of the particular part of the Work in reference to which the information is given. Information so given shall be as binding as if given to the Superintendent. The Contractor will be supplied with four (4) copies of the Plans, and three (3) copies of the Specifications and Special Provisions. He shall have available at the job site, at all times, one copy each of said Plans, Specifications and Special Provisions, exclusive of the set designated for As-Built Drawings. Additional copies of Plans, Specifications and Special Provisions can be obtained by the Contractor for the cost of reproduction. 5.4 CONTRACTOR PERFORMANCE: The Contractor will perform the Work or cause the Work to be performed in a manner that is in compliance with the requirements of the Contract Documents. The Contractor shall perform the Work exactly as specified by the Contract Documents. Unless otherwise provided in the Contract Documents, for the Unit Prices, the Contractor shall provide and pay for all labor, materials, equipment, tools, supplies, construction equipment and machinery, water, heat, electricity, energy, utilities, transportation, any temporary construction easements not provided by the Owner, apparatus, permits, superintendence, maintenance, dismantling, removal, and other facilities and services, necessary for the proper execution and completion of the Work, whether temporary or permanent, and whether or not incorporated or to be incorporated into the Work. The Contractor shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures unless otherwise specified in the Contract Documents. There is a need for 24-hour access to the Contractor’s Superintendent in case of emergency. The contractor shall supply the Project Engineer, or Project Manager, with a contact telephone number through which the Superintendent may be reached at any time. When the work includes adjusting valve boxes, meter pits, manholes, pavement markings and/or striping, etc., the Contractor shall complete this work within ten (10) days of placing the final lift of asphalt. 5.5 WORK PERFORMED UNDER ADVERSE WEATHER CONDITIONS: Adverse weather conditions are those that can, depending on the Work to be performed, cause defective Work. Examples include: high or low temperatures, excessive moisture, unusual drying conditions, or high winds. Construction methods and practices that have been or may be developed for Work performed under such circumstances may only be used after the Project Engineer, or Project Manager, has approved the concept of such method or practice. If the Contractor does attempt Work during periods of adverse weather conditions without the Project Engineer’s, or Project Manager’s, approval, that Work shall be at the Contractor’s sole risk. 5.6 USE OF MATERIALS FOUND ON THE WORK SITE: The Contractor, with the approval of the Project Engineer, or Project Manager, may use in the proposed construction, any stone, sand, or gravel found on the site. The Contractor will not be paid for such excavation unless specifically stated in the Proposal, and he shall replace with other suitable material, without compensation, all of that portion of the material so removed. If it was intended that any or all of the material so excavated and used was to have been wasted, then the Contractor will not be required to replace it. The Contractor shall not excavate any material from the site which is not within the excavation as indicated by the slope and grade lines, without being authorized in writing by the Project Engineer, or Project Manager. 5.7 FINAL CLEANING UP: During the Project's final cleanup, the Contractor shall remove from the site all machinery, equipment, surplus and discarded materials, rubbish, temporary structures, and stumps or portions of trees. The streets and adjacent properties in the Project shall be repaired to as good or better condition than existed prior to construction. This shall include removal of all dirt or mud from streets and lawns. No extra payment shall be made for these items. The Contractor shall leave the Project in a neat and presentable condition. (See Article 17, below). 5.8 SURVEYS: The Contractor shall develop and arrange for all engineering surveys necessary, in the Owner’s judgment, to establish reference points for the construction of the Work. The Contractor assumes full responsibility for construction according to the established lines and grades. If the Contractor proceeds with the Work without having lines and grades set, the Contractor will not be relieved of strict compliance with the Contract Documents. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 84 of 361 26 The Contractor shall carefully protect all monuments and property markers from disturbance or damage. The Contractor, at its expense, will replace any monuments or benchmarks destroyed by the Contractor using a professional land surveyor licensed in the State of Colorado. Unless otherwise stated in the Specifications or the Special Conditions, the Owner will provide all reference points shown on the Contract Drawings by coordinates and/or elevation. The Contractor must accurately transfer the survey control information to the points of application to ensure that all elements of the Work are correctly located. Requests by the Contractor to relocate survey reference points must be made ninety-six (96) hours prior to the time when the point will be disturbed in order to permit the Owner to accomplish such surveys on normal working days. Any Work that the Contractor begins before confirming the reference points provided may be rejected. Should the original reference points that the Owner provided be obliterated or dislodged by operations that the Contractor controls, the Owner will replace them and charge the Contractor for the resurvey. 5.9 LINES AND GRADES: Contractor shall survey and stake and shall be responsible for laying out the work. The Contractor shall preserve all stakes, bench marks, and any other survey points and shall pay for the replacement, in accordance with state law, of any stakes, benchmarks, or other survey points destroyed by the Contractor or any Subcontractor. 5.10 VALUE ENGINEERING: Value engineering is the independent review of a project during the planning and design phases to reduce costs, save time, improve operations, reduce environmental and other impacts, improve safety, and improve value and quality. Proposed changes in materials or methods used must be approved by the Project Engineer, or Project Manager, and any agency having jurisdiction over the affected work before such work is attempted. The Contractor shall be paid fifty percent (50%) of all identifiable cost savings resulting from said value engineering approved and accepted. A Change Order must be issued to effect such a value engineering task. 5.11 SANITARY REGULATIONS: The Contractor is responsible for providing proper health and sanitation facilities for its employees, in compliance with any rules and regulations of the Colorado Department of Public Health and Environment or any other agencies having jurisdiction. The Contractor shall provide and maintain in a neat, sanitary condition, such accommodations for the use of employees as may be necessary to comply with the requirements and regulations of the State Department of Health and the Occupational Safety and Health Administration (OSHA). As stated in OSHA Construction Standard 1926.51 C, the Contractor shall supply temporary sanitary facilities as per the following table: Number of Employees Minimum Toilet Facilities 20 or less 1 Toilet 21 to 50 1 Toilet and 1 Urinal 51 or more 1 Toilet and 1 Urinal for each 50 Employees This requirement to provide sanitary facilities will not be measured and paid for separately but shall be considered incidental to and included in the cost of the Work. At convenient places, the Contractor shall provide fly-proof outside toilets which are to be maintained in a sanitary condition. Toilets shall not be permitted in any reservoir area and shall not be permitted where they may pollute a water supply. The Contractor shall always provide an abundant supply of safe drinking water for Contractor’s employees and shall give orders against the drinking of any water known to be unsafe in the vicinity of the Project. The Contractor shall provide and empty daily a thirty (30) gallon or larger trash can near each toilet. 5.12 STAGING AND STORAGE: With the approval of the Project Engineer, or Project Manager, the Contractor may obtain sites of his/her choosing for equipment storage and/or materials stockpiling. The Contractor shall not occupy storage sites without prior written approval by the Project Engineer, or Project Manager. A list of such sites showing the proposed truck route for ingress and egress for each site shall be submitted to the Project Engineer, or Project Manager, for approval at least five (5) days prior to intended use. For all sites approved and used, Contractor shall be responsible for the following: a) Obtaining prior written permission of the owner. A copy of this permission shall be provided to the Owner; b) Keeping stockpiles and equipment confined within the approved area and in accordance with applicable erosion control requirements; c) Providing security for materials and equipment at the site; d) Providing for public safety at the site; DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 85 of 361 27 e) Keeping access roads clean and in good condition and in accordance to the Owner’s Erosion Control requirements; and f) At Contractor’s sole cost expense, restoring the site to its original or better condition at the completion of the Work. 5.13 SALVAGE: Items removed by Contractor shall become the property of Contractor unless other disposition or repositioning is required by the Contract Documents or needed for the Work. The Contractor may reuse such items elsewhere, sell such items with proceeds of said sale becoming the property of Contractor or otherwise dispose of such items from the site. Items removed by the Contractor that do not have any salvage value are to be disposed of by Contractor at an approved waste disposal site at the Contractor’s expense, except for any items that the Owner will take for recycling. 5.14 MATERIALS AND EQUIPMENT FURNISHED BY THE CONTRACTOR: Unless otherwise provided for in the Specifications, all workmanship, equipment, materials, and articles incorporated in the Project are to be new, suitable for the purpose used, of good quality, free from faults and defects and in conformance with the Contract Documents. The Contractor further warrants that it has full title to all parts, materials, components, equipment, and other items conveyed to the Owner under the terms of the Contract, that its transfer of such title to the Owner is rightful and that all such parts, materials, components, equipment, and other items shall be transferred free and clear from all security interests, liens, claims, or encumbrances whatsoever. Materials, supplies, and equipment to be incorporated into the Project shall not be purchased by the Contractor or any Subcontractor subject to chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. The Contractor agrees to warrant and defend such title against all persons claiming the whole or any part thereof, at no cost to the Owner. The Contractor shall furnish the Owner, for the Project Engineer, or Project Manager’s approval, the name of the manufacturer of machinery and other equipment for materials the Contractor contemplates incorporating in the Project. The Contractor shall also furnish information on capacities, efficiencies, sizes, etc., and other information as may be required by the Project Engineer, or Project Manager. All items shall be labeled to indicate the Contract and Project name, Contractor, source of supply, and manufacturer and shall be submitted in sufficient time to permit proper consideration by the Project Engineer, or Project Manager, without impacting the Construction Schedule. The Contractor shall have available for use when needed all necessary construction machinery and equipment. Such machinery and equipment shall comply with all applicable federal, state and local safety requirements and be in good working condition, adequate for the task, and in the numbers needed to maintain a rate of progress sufficient to complete the Work within the Contract Time and milestones. Whenever an operation is undertaken which must be accomplished without any slowdown or stoppage, or to avoid an inferior product, the Contractor shall provide standby equipment capability so that an equipment breakdown does not disrupt that activity. The Contractor shall give the Project Engineer, or Project Manager, three (3) copies of all shop manuals, operating manuals, parts lists, classifications, catalog cuts, specifications, warranties and guarantees for all equipment and machinery installed. Consideration of a product as an “equal” or “superior” by the Project Engineer, or Project Manager, may require that the manufacturer of such product furnish guarantees that extend beyond the usual product warranty time. The refusal of a manufacturer to provide such guarantees is sufficient reason for rejecting the product. The Contractor shall not incorporate any materials into the Project or cover any part of the Work until it has been inspected and approved according to the Contract Documents. Machinery, equipment, materials, and articles installed or used without the Project Engineer, or Project Manager’s approval are at the risk of subsequent rejection. The Contractor shall be responsible for materials delivered and Work performed until completion and final acceptance of the entire construction thereof. The Contractor shall bear the risk of injury, loss or damage to any and all parts of the Work for whatever cause, whether arising from the execution or from the non-execution of Work. The Contractor shall rebuild, repair or restore Work and materials which have been damaged or destroyed from any causes before completion and acceptance of the Work and shall bear the expense thereof. The Contractor shall provide security and drainage and erect temporary structures as necessary to protect the Work and materials from damage. The Contractor shall be responsible for materials not delivered to the site for which any progress payment has been made to the same extent as if the materials were so delivered. 5.15 SUBSTITUTION OF MATERIALS AND EQUIPMENT: After the award of the Contract, the Contractor may ask for substitution of specified material or equipment with equal or equivalent, or superior items only under the DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 86 of 361 28 following circumstances: (i) The Contractor provides evidence to the Project Engineer, or Project Manager, that, in the Project Engineer, or Project Manager’s sole opinion, establishes that an item of specified material is not available; (ii) the Contractor provides evidence to the Project Engineer, or Project Manager, that, in the Project Engineer, or Project Manager’s sole opinion, establishes that the specified item will have an unreasonable delivery time due to no fault of the Contractor; or (iii) acceptance of such substitution would result in a significant saving to the Owner without materially impairing the quality or performance of the Work. If any of these circumstances exist, the Contractor shall request approval for a substitution at least thirty (30) days before the material or equipment must be ordered. All requests for substitutions shall be made in writing as part of a submittal. The request shall describe all features of the requested substitution including any tie-in with other elements of the Work, including utilities and controls along with the size and capacity of substitute materials or equipment. The request must be submitted on a form provided by or otherwise acceptable to the Project Engineer, or Project Manager, and shall list all differences from the product described in the Specifications, include the price of the specified item and the requested substitution, and describe any advantages or disadvantages of the proposed substitution. The Contractor shall be responsible for any effect upon related Work in the Project of any substitution and shall pay any additional cost resulting from or relating to any substitution. If the “equal or equivalent” material or equipment costs less than that specified, the Contractor shall so state in its request for substitution and, if the Owner accepts the proposed substitution, it may issue a Change Order to reduce the Contract Price by the amount of the direct cost savings without markup to the Contractor. If the equal or equivalent material or equipment is accepted for unavailability or unreasonable delivery time due to no fault of the Contractor, the Owner may, if appropriate, issue a Change Order to increase the Contract Price by the resulting actual, direct cost increase, if any, to the Contractor, without markup. 5.16 CUTTING AND PATCHING: The Contractor shall be responsible for all cutting, fitting, or patching that may be required to complete the Work, to make its several parts fit together properly or to tie the Work into other work that is shown in the Contract Documents. The Contractor shall organize and plan the Work to reduce to a minimum the need for cutting or otherwise modifying or removing load-bearing structural elements to accommodate the installation of other elements of the Work. If two or more contractors are doing work in the same place, the Contractor shall be responsible for the coordination effort needed to avoid or to reduce the amount of cutting, modifying or removing of structural elements to accomplish such work. However, if modification or removal of structural elements is required because the Work could not be organized and planned to avoid that need, the Contractor shall inform the Project Engineer, or Project Manager, of the need so that the consequences of such modification or removal of structural elements can be assessed. No structural element shall be cut, drilled, bored or otherwise modified unless cutting, drilling, boring or other modification is indicated in the Contract Documents. If the Contractor needs to modify a structural element from its original design, the Contractor must submit to the Project Engineer, or Project Manager, a request to make the modification. The request must provide complete details including all necessary calculations performed by a professional engineer licensed in the State of Colorado to show that the structural elements can still function as originally designed. The request must be accepted by the Project Engineer, or Project Manager, before any modification is made. The Contractor shall be responsible for all repair, replacement, and patching that is necessary to restore the Work, other property, or work of others damaged by the Contractor or Subcontractor. 5.17 SAMPLES AND TESTING: All materials and equipment used in the Project will be subject to sampling and testing by an independent testing company acceptable to the Owner according to generally accepted standards and as required in the Contract Documents. In the absence of direct references, the sampling and testing of materials will be done according to current specifications of the ASTM or the AWWA. The Contractor shall furnish all samples without charge. The Contractor will cooperate with the Project Engineer, or Project Manager, in collecting, handling, storing, and forwarding required samples including the furnishing of manpower and equipment when necessary. The Contractor will pay the cost of the initial test except when the Contract states otherwise. The Contractor will pay the costs for repeated tests due to failure of the initial test. The costs of any testing and retesting may be deducted from any payment due to the Contractor under the Contract. The Contractor will provide the Project Engineer, or Project Manager, at least twenty-four (24) hours prior notice for any inspection involving testing or sampling. The Contractor shall be responsible for testing of concrete and soils and, unless otherwise specified, the Contractor shall perform testing of all other materials and equipment. The Contractor shall provide the Project Engineer, or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 87 of 361 29 Project Manager, with satisfactory proof of compliance with the requirements of the Contract Documents of any materials or equipment tested. Satisfactory proof of compliance shall be submitted in one or more of the following ways: a) Manufacturer’s Certificate of Compliance. For standard labeled stock products of standard manufacture that have a record of satisfactory performance in similar work over a period of not less than two (2) years, the Project Engineer, or Project Manager, may accept a notarized statement from the manufacturer certifying that the product conforms to the applicable specifications. b) Mill Certificates. For materials where such practice is the usual standard, the Project Engineer, or Project Manager, may accept the manufacturer’s certified mill and laboratory certificate. c) Testing Laboratory Certificates. The Project Engineer, or Project Manager, may accept a certificate from an independent commercial testing laboratory satisfactory certifying that the product has been tested within a period acceptable to the Project Engineer, or Project Manager, and that it conforms to the requirements of the Plans and Specifications. d) Report of Actual Laboratory Test. The Project Engineer, or Project Manager, may require that Contractor make actual tests of any product and submit a report of the specified test. Such test shall be made by a commercial testing laboratory satisfactory to the Project Engineer, or Project Manager, at the Contractor’s sole expense. 5.18 PROPERTY RIGHTS IN MATERIALS: The Contractor shall have no property right in materials after they have been attached, affixed or incorporated in the Work or the soil, or after payment has been made by the Owner to the Contractor for materials delivered to the site of the Work or stored subject to or under the control of Owner. Article 6. CHANGES IN THE WORK 6.1 CHANGES AND INCREASED OR DECREASED QUANTITIES OF WORK 6.1.1 General - The Contractor shall perform the Work, as changed by any Change Order, as if originally specified. All changes shall be accomplished by either a written Change Order or a written Field Order issued in accordance with these General Conditions. If a Field Order is used, a Change Order will be executed when the terms of the change are agreed upon. Changes to the Contract Price and Contract Time are authorized only by Change Orders approved in conformance with the Owner’s adopted purchasing policies. Without invalidating the Contract, the Project Engineer, or Project Manager, and/or Owner reserves and shall have the right, without notice to any Sureties, by written Change Order, to make any changes, from time to time, to the character and quantity of the Work, including but not limited to, the Drawings, Specifications, Plans or Addenda, as may be considered necessary or desirable to complete fullyand acceptably the proposed Contract in a satisfactory manner. Such Change Order shall set forth with specificity the changed Work to be done and shall set forth any changes or extensions to the time of completion. The total of all such Change Orders associated with a project shall not, whether for additional work or items for use upon/within the project, increase the total cost of the Contract, based on the original estimate of quantities and unit prices contained in the Proposal, by more than 10%. Contractor shall be entitled to the cost of said increased units at the original Proposal price, but not to an adjustment of unit price. In the event the total cost of all such Change Orders associated with a project increases the total cost of the Contract by more than 10%, an equitable adjustment will be made and the Contract modified accordingly by a written Supplemental Agreement, provided, however, that except for claims based on errors in the Contract, no claim for change hereunder will be allowed for costs incurred more than 20 days before the Contractor gives written notice as herein required; and in the case of errors in the Contract for which the Owner is responsible, the adjustment will be increased costs, reasonably incurred by the Contractor in attempting to comply with such errors in the Contract Any plan of action, method of work, or construction procedure suggested orally or in writing to the Contractor by any employee, agent or representative of the Owner, which is not set out in approved Change Orders or Field Orders issued in accordance with the Contract Documents, if adopted or followed by the Contractor in whole or in part, shall be performed at the Contractor’s sole risk and responsibility. No change order, or other form of order or directive by the Owner’s representative which requires additional compensable work to be performed, and which work causes the aggregate amount payable under this contract to exceed the amount appropriated for the original contract, shall be executed, or shall work be performed by the contractor, unless the Owner first gives written notice to the Contractor that lawful appropriations to cover the costs of such additional work have been made or unless such work is covered DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 88 of 361 30 under a remedy-granting provision of this contract.Forpurposesof thisparagraph,"remedy-granting provision" shall be defined as set forth in 24-91-103.6(4), C.R.S. The Contractor shall not start Work on any alteration requiring a Supplemental Agreement until the Agreement setting forth the adjusted prices has been executed by the Owner and the Contractor. All changes or approvals for increasing the Work as required and authorized herein, shall be in written form and approved and signed by the Project Engineer, or Project Manager, prior to the Work being done. All such writings and approvals shall be specific as to the nature of the Work and the quantities involved. Any Work performed without prior written approval of the Project Engineer, or Project Manager, shall not be binding on the Owner. The Contractor may not treat any order, statement or conduct of the Project Engineer, or Project Manager, as a change under this article nor become entitled to an equitable adjustment in the Contract Price or Contract Time except as provided in this article. Claims for changes in the Contract Price or Contract Time of Performance will not be considered after the Final Payment has been made. Change Orders involving an increase in the Contract Price must be authorized in accordance with the City’s adopted purchasing policy, a copy of which is available upon request. Such purchasing policy provides that the total of all such Change Orders associated with a project that increases the total cost of the Contract by more than 10% must be approved by a supplemental agreement. 6.1.2 Owner Change Request - The Owner may, without notification to any Surety, require the Contractor to perform additive or deductive changes to the Work within the general scope of the Project without invalidating the Contract or any Bond. When the Owner desires to initiate a change, the Project Engineer, or Project Manager, will issue a change request informing the Contractor of the proposed change in the Work, and requesting the Contractor’s detailed price proposal for such change. The Contractor, at no expense to the Owner and within the time period specified in the Change Request, shall provide the Project Engineer, or Project Manager, with a complete and itemized proposal for the change in the Work, which shall include the estimated increase or decrease in the Contract Price or Contract Time. Such increase or decrease shall be based on the criteria and methods described in these General Conditions. The Contractor shall be responsible for any delays in the Work and any additional costs to the Owner caused by the Contractor’s failure to submit a complete price proposal within the time provided. The Contractor shall participate with the Owner in prompt joint analysis and negotiations to finalize a Change Order. The issuance of a Change Request by the Owner is not a prerequisite to the issuance of a Field Order. 6.1.3 Field Orders - The Project Engineer, or Project Manager, may make changes in the details of the Project at any time, by issuing a Field Order. Upon receipt of a Field Order, the Contractor shall promptly sign the Field Order and return it to the Project Engineer, or Project Manager, and shall promptly proceed with performing the change in the Work. The Field Order shall not involve an increase or decrease in the Contract amount and not involve a change in the time for completion. A Field Order may be used when: a) The Owner determines that the Contractor must proceed immediately to perform a change in the Work in order to avoid an adverse impact on the schedule or other work, or to avoid or correct a situation where the health or safety of persons may be affected, and sufficient time is not available to negotiate a Change Order; or b) The Owner and Contractor have not completed their negotiation and reached agreement on all of the terms of a Change Order, but the Owner requires the Contractor to proceed without such agreement. If the Contractor believes that such Field Order entitles it to a change in Contract Price or Contract Time, or both, the Contractor shall give the Project Engineer, or Project Manager, written notice within five (5) days after the receipt of the Field Order. Within twenty (20) days after receiving the Field Order, the Contractor shall provide the Project Engineer, or Project Manager, with a complete and itemized proposal that includes the estimated increase or decrease in the Contract Price or Contract Time, or both, attributable to the changes based on the criteria and methods described in these General Conditions. The Contractor shall be responsible for delays to the Work and any additional costs incurred by the Owner caused by its failure to submit complete pricing information within the time provided above. a) If the maximum cost of the change in the Work to be performed under a Field Order has not been agreed upon and reduced to writing in the actual Field Order, or if such change is not DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 89 of 361 31 fully described under a Unit Price set forth in the Contract Documents or the Field Order, the Contractor shall proceed with such Work on a time and materials basis. b) Whenever Work is performed on a time and materials basis, the Contractor shall fully document all costs associated with such Work. Beginning with the first day such Work is performed and on a daily basis thereafter, the Contractor shall submit to the Project Engineer, or Project Manager, a daily itemization of all such costs in such form as the Project Engineer, or Project Manager, may require. c) The final Contract adjustment for Field Order changes in the Work performed on a time and materials basis shall be calculated in accordance with these General Conditions. When the Owner and the Contractor reach agreement on an adjustment to the Contract Price or Contract Time, or both as appropriate, such agreement shall be promptly executed as a Change Order. If the Owner requires Contractor to perform additional compensable work under a Field Order prior to executing a Change Order, the Contractor shall submit its costs to perform the work as periodically completed in its monthly application for payment, and Owner shall reimburse such costs, subject to retainage and any applicable withholding. In no instance shall the Owner be required to periodically reimburse Contractor for such additional compensable work prior to Contractor submitting to Owner an estimate of the cost of the additional compensable work to be performed. 6.1.4 Contractor Change Requests - If the Contractor: (i) receives any instructions, interpretations or directives which it believes are at variance with the Contract Documents or would require the Contractor to accelerate or decelerate the Work; or (ii) identifies what it believes are errors or omissions of any kind, including design errors or omissions, in the Drawings or Specifications; or (iii) encounters a differing site condition; or (iv) is delayed in performing the Work; or (v) becomes aware of any other matter or circumstance that the Contractor believes might require a change in the Contract Documents, Contract Time, or Contract Price, the Contractor shall give the Project Engineer, or Project Manager, prompt written notice of such matter and request a Change Order in a document identified as a “Contractor Change Request.” Following submission of a Contractor Change Request, the Contractor shall diligently continue performance of the Contract to the maximum extent possible. All Contractor Change Requests shall be dated, numbered sequentially, and shall describe the action or event that the Contractor believes may require the issuance of a Change Order. The Contractor shall also provide a description of possible Contractor actions or solutions to minimize the cost of the Contractor Change Request and, when possible, provide an estimate of the adjustment in the Contract Time and Contract Price which the Contractor believes is appropriate. a) With respect to orders, instructions, directives, interpretations, determinations, or the discovery of any errors or omissions in the Contract Documents, a Contractor Change Request shall be submitted before the Contractor acts on them, but in no event more than five (5) days after they have been, or reasonably should have been, received or discovered. b) With respect to any differing site conditions, a Contractor Change Request shall be submitted before the conditions are disturbed, but in no event more than five (5) days after the conditions are first discovered or reasonably should have first been discovered. c) With respect to delays, as set out in these General Conditions, a Contractor Change Request shall be submitted as soon as the Contractor becomes aware, or reasonably should have become aware, of the delay, but in no event more than five (5) days therefrom. d) With respect to any other matter or circumstance that the Contractor believes would require a change, a Contractor Change Request shall be submitted as soon as the Contractor reasonably has knowledge of the matter or circumstance, but in no event more than five (5) days after the Contractor becomes aware, or reasonably should have become aware, of such circumstance or matter. 6.1.5 Submittal Requirements and Waiver of Claims a) If the Contractor does not submit a Contractor Change Request within the time required by these General Conditions, any action by the Contractor related to such order, direction, instruction, interpretation, determination, design error or omission, or other matter, including delays or differing site conditions, will not be considered by the Owner as a change to the Work and the Contractor waives any claim for an adjustment on the Contract Price or the Contract Time. b) The Contractor shall, within ten (10) days after submitting a Contractor Change Request, provide the Project Engineer, or Project Manager, with a complete and itemized proposal that sets out as specifically as practicable the requested adjustments to Contract Price, Contract DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 90 of 361 32 Time, or other Contract provisions, and contains the other information described in these General Conditions. c) The proposal shall also contain a detailed explanation, citing all applicable provisions in the Contract Documents that support the Contractor Change Request. If the Contractor does not submit its itemized proposal for a Change Order within the time described above or within such extension that the Project Engineer, or Project Manager, in his or her discretion may have granted in writing, the Contractor waives any claim for an adjustment in the Contract Price or Contract Time arising out of the act or event giving rise to or necessitating a Contractor Change Request. d) The Contractor shall furnish, upon request, all additional information and data that the Project Engineer, or Project Manager, determines is needed to assist the Owner in evaluating and resolving the Contractor Change Request through negotiation. The Contractor shall give the Owner access to its books, correspondence, records, electronic data bases and files, and other materials relating to the work described in the Contractor Change Request, shall require its Subcontractors and Suppliers to provide the Owner with such access, and shall make its personnel and that of its Subcontractors and Suppliers available to discuss and answer cost, schedule, and other questions related to such request. Clear and legible copies of all necessary supporting records shall be provided to the Owner at no cost. Failure to submit requested information may be a basis for denial of the request. e) In the event the Contractor is ordered to perform Work under this Section for which payments are not determined hereunder, which in the opinion of the Owner it is impracticable to have performed by the Contractor's own employees, the Contractor will, subject to the approval of the Owner, be paid the actual cost to him of such Work and, in addition thereto, an amount of ten (10) percent of the actual costs to cover the Contractor’s superintendence, administration and other overhead expenses. The terms and conditions of any subcontract which the Contractor may propose to enter into in connection with Work under the provisions of this Section, shall be subject to the written approval of the Owner before such subcontract is made. f) In cases other than those described above, the Owner and the Contractor (on his own behalf and on behalf of their Subcontractors) shall endeavor to negotiate a reasonable Contract price and line adjustment in a Change Order on terms appropriate to the changed Work. The Contractor will be required to submit a sufficiently detailed price proposal supported with sufficient documentation so that the Owner can determine that (1) the proposal reflects all impacts on the Contract from Work additions, deletions and modifications shown in the change order being priced, and (2) the proposed prices are set out in such a way that their reasonableness can be evaluated against prices based on adequate price competition, Proposal unit prices, established catalog or market prices of commercial items sold in substantial quantities to the general public, prices set by law or regulation, recognized published price lists and indices, independently developed cost estimate and other appropriate price comparisons and (3) Contract provisions relating to Contract changes costing over $100,000.00 are complied with. If any prices or other aspects are conditional, such as on firm orders being made by a certain date or the occurrence or non-occurrence of an event, the Contractor shall identify these aspects in his Proposal. A negotiated Change Order shall set out prices, scheduling requirements, time extensions and all costs of any nature arising out of the issuance of a Change Order except for those cost and time aspects explicitly reserved on the face of the Change Order. g) In the event the Contractor and the Owner are unable to agree upon the Contractor's entitlement to an equitable adjustment or upon the amount thereof, or in the event that it is in the best interest of the Owner to have the Work proceed pending negotiation of amount of an equitable adjustment, the Owner may direct the Contractor to perform the Work in accordance with the Change Order, direction, instruction, interpretation, or determination, with any Contract price adjustments and progress payments for the Work to be determined on a Force Account basis in accordance with Section 1.5. The Contractor shall continue diligently to perform the Contract in accordance with the Owner's order, direction, instruction, interpretation, or determination during negotiations with respect to the Contractor's entitlement to an equitable adjustment hereunder or to the amount of any Contract price adjustment hereunder or to the amount or any Contract price adjustment or time extension. The Contractor and the Owner may agree on certain aspects of an equitable adjustment and take those aspects out of operation of Force Account provisions. h) For Change Orders, the Owner, or its representative shall have the audit and inspection rights as described below: • Where the agreed payment method for any Contract changes is to be by cost reimbursement, time and material, labor, hours, or any combination thereof, the Contractor shall maintain and the Owner or its representatives shall have the right to DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 91 of 361 33 examine books, records, documents and other evidence and accounting principles and practices sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of the Contract changes under this Subsection. • Contract changes exceeding $100,000.00 in costs: For submitted cost and pricing data in connection with pricing a Contract modification referred to in this Subsection, unless such pricing is based on Proposal unit prices, adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, the Owner or his representatives shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation of or performance under the Contract Change Orders for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. The right of examination shall extend to all documents necessary to permit adequate evaluation of the cost or pricing data submitted, along with the computations and projections used therein. • Contract changes exceeding $10,000.00 but not $100,000.00 in costs: The Owner or his representatives prior to the execution of any Contract Change order in this Subsection or for a period of twelve months after execution shall, unless such pricing is based on Proposal unit prices, adequate price competition, established catalog of market prices of commercial items sold in substantial quantities to the public, or prices set by law or regulation, have the right to examine all books, records, documents, and other data of the Contractor relating to the negotiation and Contract Change Order for the purpose of evaluating the accuracy, completeness, and currency of the data submitted upon which negotiation is or has been based. To the extent the examination reveals inaccurate, incomplete or non-current data, the Contracting Officer may renegotiate the Contract Change Order price based on such data. • Contract changes of less than $10,000.00 in costs: The Owner may require from the Contractor appropriate documentation to support the prices being negotiated for Contract changes under this Subsection, and may refuse to complete negotiation until satisfactory documentation is submitted. i) For the purpose of this Section, costs shall include fines which would be assessed if extension(s) of time were not granted by Contract Change Order. j) The requirements of this audits and records section are in addition to other audit, inspection and record keeping provisions elsewhere in the Contract documents. k) Changes involving aggregate increases and decreases in excess of $100,000.00 shall be subject to the following: • A change involves aggregate increases and decreases in excess of $100,000.00 if the total value of Work affected, without regard to any increases or decreases, exceeds this amount; for example, a Change Order adding Work in the amount of $75,000.00 and deleting Work in the amount of $50,000.00 will be considered to involve aggregate increases and decreases of $125,000.00. • The Contractor shall submit in support of all items not based upon unit prices or lump sum prices contained in the Contract or upon the established prices at which commercial items are sold in substantial quantities to the public, statements by his vendors that the prices charged the Contractor are not greater than the prices charged by the respective vendors to their most favored customers for the same items in similar quantities. • Price reductions for defective cost or pricing data--price adjustments: If any price, including profit and fee, negotiated in connection with any price adjustment was increased by any significant sums because: (1) The Contractor furnished cost or pricing data which were not complete, accurate, and current as certified in the contractor's certificate of current cost or pricing data; or (2) Adjustments or any subcontract provisions therein required, furnished costs or pricing data which were not complete, accurate, and current as certified in the Subcontractor's certificate of current cost or pricing data; or (3) The Subcontractor or his prospective subcontractor furnished cost or pricing data which were required to be complete, accurate, and current and to be submitted to support a subcontract cost estimate furnished by the Contractor but which were not complete, accurate and current; or (4) The Contractor or a Subcontractor or his prospective subcontractor furnished any data, which were not complete, accurate, and current as submitted; DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 92 of 361 34 (5) Then the price shall be reduced accordingly and the Contract shall be modified in writing accordingly to reflect such reduction. Any reduction in the Contract price due to defective subcontract data of prospective subcontractor, when the subcontract was not subsequentlyawarded to such subcontractor, will be limited to the amount (plus applicable overhead and profit markup) by which the actual subcontract, was less than the prospective subcontract cost estimate submitted by the Contractor, provided the actual subcontract price was not affected by defective cost or pricing data; or (6) The Contractor shall require Subcontractors to certify to the best of their knowledge and belief that the cost and pricing data submitted are accurate, complete, and current as of the date of execution, which date shall be as close as possible to the date of agreement on the negotiatedprice of the Contract Change Order. l) In case a satisfactory adjustment in price cannot be reached for any item requiring a Supplemental Agreement, the Owner reserves the right to terminate the Contract as to said item as it applies to the terms in question and make such arrangements as may be deemed necessary to complete the Work. Should any of the changes, not requiring Supplemental Agreements, be made as provided herein, the Contractor shall perform the Work as altered, increased or decreased at the Contract unit price or prices. 6.1.6 Claims for Concealed or Unknown Conditions - If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than seven (7) days after first observance of the conditions. Site conditions which an experienced and prudent contractor could have anticipated by visiting the site, familiarizing himself with the local conditions under which the work is to be performed and correlating his observations with the requirements of the Contract Documents shall not be considered as claims for concealed or unknown conditions, nor shall the locations of utilities which differ from locations provided by the utility companies. The Project Engineer, or Project Manager, will promptly investigate such conditions and, if they differ materially and cause an increase or decrease in the Contractor’s cost of, or the required time for, performance of any part of the Work, will recommend an equitable adjustment in the Contract Sum or Contract Time, or both. If the Project Engineer, or Project Manager, determines that the conditions at the site are not materially different from those indicated in the Contract Documents and that no change in the terms of the Contract is justified, the Project Engineer, or Project Manager, shall so notify the Owner and Contractor in writing, stating the reasons. Claims by either party in opposition to such determination must be made within twenty-one (21) days after the Project Engineer, or Project Manager, has given notice of the decision. If the Owner and Contractor cannot agree on an adjustment in the Contract Sum or Contract Time, the adjustment shall be subject to further proceedings pursuant to Section 1.3.8 and Section 1.3.10. Such sections shall apply to claims by either party, notwithstanding language in said sections that they apply only to claims brought by the Contractor. 6.1.7 Specific Provisions for Delay-Based Contractor Change Requests - If the Contractor Change Request is based in whole or in part on a delay of any kind or nature, the complete itemized proposal shall include the following information in addition to all other required information: a) The date, nature, and circumstances of each event regarded as a cause of the delay; b) The names of all individuals acting on behalf of the Owner who are known or believed by the Contractor to have direct knowledge of the delay; c) If the Contractor claims acceleration costs of scheduled performance or delivery, the basis upon which acceleration arose; d) The identification of any documents and the substance of any oral communications known to the Contractor which substantiate, refute, or concern such delay; e) A Critical Path Method (CPM) schedule corrected to reflect actual performance, showing delay impacts as separate tasks and Contractor’s mitigation of such impacts; and f) The specific elements of Contract performance for which the Contractor may seek an equitable adjustment, including: 1) Identification of each Contract or schedule line item that has been or may be affected by such delay; 2) To the extent practicable, identification of the delay and disruption in the manner and sequence of performance, and the effect on continued performance, that have been or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 93 of 361 35 may be caused by such delay; 3) Identification of labor, materials, or both, or other cost items including overhead and Subcontractor costs, that have been or may be added, deleted, or wasted by such delay; 4) A statement that the Contractor is maintaining records by some generally accepted accounting procedure that allows the separately identifiable direct costs due to the delay, and those not incurred as a result of the delay, to be readily identified and segregated; 5) Estimates of the necessary adjustments to Contract Price, Contract Time and any other Contract provisions affected by the delay. 6.1.8 Determination by Project Engineer, or Project Manager. a) The Project Engineer, or Project Manager, shall respond in writing to any timely Contractor Change Request within ten (10) days of receipt of the complete and itemized proposal in support of the request. Failure of the Project Engineer, or Project Manager, to respond within such time period shall be deemed a denial of the Contractor Change Request unless the Project Engineer, or Project Manager, notifies the Contractor that additional time is necessary to review the Contractor Change Request. b) If a Contractor Change Request is denied by the Project Engineer, or Project Manager, in whole or in part, any claim for an increase in the Contract Price or Contract Time arising out of the act or event described in the Contractor Change Request is waived unless the Contractor timely submits a protest or dispute in accordance with these General Conditions. 6.2 ADJUSTMENT TO CONTRACT PRICE 6.2.1 Contract Price Adjustments - All adjustments to the Contract Price shall be determined by using one or more of the following methods in descending order: a) Unit Prices (as stated in the Contract Documents or subsequently agreed upon) multiplied by final verified quantities of work performed and subject to the requirements of paragraph 10.7 below. b) A negotiated lump sum. If requested by the Owner, the Contractor shall promptly provide itemized and sufficient substantiating data, including calculations, measurements, cost records, production rates, equipment types and capacity, labor costs by craft and other information that the Owner may reasonably require the Contractor to produce in order to permit the Owner to evaluate any lump sum Contractor Change Request. In pricing such Bids, the Contractor shall include estimates of the type of costs described in this article. c) Costs as determined in a manner previously agreed upon by the Parties, which include markups that do not exceed those described in this article. d) Time and Material costs as determined in the manner described in this article. These amounts may be reduced where necessary to take into account the cost of base Work, Work included in approved Change Orders, Work described in other Field Orders, idle time for workers and/or equipment when Work could have been performed in other locations or when the number of workers or amount of equipment provided exceeded the number or amount required to perform the Work, unsatisfactory Work, or Work that may be or was performed concurrently with the changed Work and which cannot be easily segregated from the changed Work. 6.2.2 Calculation of the Contract Adjustment - In no event shall the charge or credit to the Owner associated with any change exceed the sum of the following: a) Direct Labor. The actual net, direct increase or decrease in the cost of the Contractor’s labor. Such cost shall include only the cost associated with the workers who actually perform the changed Work. The cost of supervision, management and field or office overhead shall not be included or calculated as a direct labor cost. For shop work, the direct labor cost shall include only those workers who work directly on the item being manufactured or the actual operators of the equipment being used to handle the items being manufactured. b) Labor Burden. Contractor’s actual costs for worker’s compensation and liability insurance, payroll taxes, social security and employees’ fringe benefits (including employer paid health insurance) imposed on the basis of payrolls, and any other benefits provided to employees (including under any applicable collective bargaining agreement). This burden must reflect the variability of some burdens, i.e., social security. The burden shall be itemized and include all small tools and miscellaneous supplies. The total labor burden for such small tools shall not exceed two percent (2%) of the Direct Labor cost. c) Direct Material, Supplies, Installed Equipment. The actual net, direct cost of materials, supplies and equipment incorporated into or consumed by the Work. If actual costs are not available, this cost shall be the lowest commercially available price including all discounts, rebates, shipping and restocking charges, and applicable taxes. Such cost shall be based on buying the DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 94 of 361 36 material, supplies and equipment in the largest practical quantity to receive quantity discounts. d) Equipment Costs. Without markup or operator, the lesser of (i) the actual net cost to the Contractor of owned or rented equipment, other than small tools; or (ii) the rental rate for such equipment as determined by using the following method(s): • Equipment rental rates listed in the appropriate rental rate book currently in use by CDOT. If an item of equipment does not appear in the rental rate book currently in use by CDOT, the rental rates published by the Associated Equipment Dealers may be used as a basis for negotiating a rental rate for a particular piece of equipment. The Contractor shall provide all information necessary to determine the appropriate rental rate at the time the equipment is brought on the job. • Rental equipment costs shall be determined using actual invoiced rates, less all discounts for basic equipment rental. • Mobilization/demobilization costs will be paid if the equipment is mobilized for Work described in a Change Order and is not otherwise to be mobilized or demobilized for the Work at the time. If the equipment is also used on Base Contract Work, no mobilization or demobilization cost will be paid. Mobilization/demobilization costs will be based on using the least expensive means to mobilize or demobilize. Equipment shall be obtained from the nearest available source. When the least expensive methods are used, the costs shown in the actual invoice will be the basis for pricing. e) Mark Up for Overhead and Profit. The Contractor or Subcontractor of any tier who actually performs the Work shall be entitled to a reasonable markup of no more than ten percent (10%) on the actual costs for Direct Labor, Labor Burden, Direct Material, Supplies, Installed Equipment, and Equipment Costs, as described in this article. Bonds and insurance are compensated at direct cost without markup. f) Bonds, Insurance, Permits and Taxes. The actual increases or decreases in the cost of premiums for bonds and insurance, permit fees, and sales, use or similar taxes related to the Work. 6.2.3 Totals as Equitable Adjustment - The Contractor agrees that the total of the above items constitute an equitable adjustment for any and all costs or damages resulting from a change. 6.2.4 No Equitable Adjustment for Obstruction by Contractor - No equitable adjustment shall be made as a result of costs resulting from any act, hindrance, obstacle, obstruction, interference, or omission of the Contractor, its Subcontractors, Suppliers, or Surety, or any other entity or individual acting on behalf of the Contractor, or any Subcontractor, Supplier, or Surety. 6.2.5 Calculation of Certain Equitable Adjustments - in case of delay in completion of the entire Contract due to drawings, designs or specifications that are defective and for which the Owner is responsible, the equitable adjustment for delays or costs incurred prior to notification to the Owner of such defect shall only include the extra cost and time reasonably incurred by the Contractor in attempting to comply with the defective drawings, designs or specifications before the Contractor identified, or reasonably should have identified, such defect. An equitable adjustment shall not include increased costs for delay resulting from the Contractor’s failure to continue performance during determination of any Contractor Change Request or claim. 6.2.6 Price Reductions for Defective Cost or Pricing Data - If it is later determined that pricing adjustments to the Contract were not correct due to incomplete or inaccurate pricing data by the Contractor or any Subcontractor or Supplier or that lower prices were reasonably available, the price shall be reduced accordingly and the Contract Price modified by an appropriate Change Order. 6.2.7 Variations in Estimated Quantities - The Contractor shall understand that the quantities set forth on the Statement of Work, the Proposal or other Contract documents are only approximate and that during the progress of the work, the Owner may find it advisable and shall have the right to omit portions of the work and to increase or decrease the quantities and reserves the right to add to or take from any items as may be deemed necessary or desirable. Under no circumstances or conditions will the Contractor be paid anything on account of anticipated profits upon the work or any portion thereof covered by the Contract which is not actually performed. Where the quantity of a Unit Price pay item in the Contract is an estimated quantity and where the actual quantity of such pay item varies more than 25% below the estimated quantity stated in the Contract, the Contractor shall make an equitable adjustment in the Contract Price, upon DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 95 of 361 37 demand of the Owner. The Contract Price adjustment will be based upon any decrease in costs due solely to the variation below 75% of the estimated quantity. Where the quantity of a Unit Price pay item in the Contract is an estimated quantity and the actual quantity of such pay item is more than 25% above the estimated quantity in the Contract, the Owner may elect to terminate the Contract for convenience or issue a Change Order to adjust the Contract Price. The Contract Price adjustment will be based upon any increase in costs due solely to the variation above 125% of the estimated quantity. If the quantity variation is such as to cause an increase in the time necessary for completing the Work, the Contractor may request, in writing, an extension of time in accordance with these General Conditions. 6.2.8 Disposition of Excess or Obsolete Property - When the cost of materials, supplies, equipment or other personal property made obsolete or excess as a result of a delay is included in the equitable adjustment, the Project Engineer, or Project Manager, shall have the right to prescribe the manner of disposition of such property. 6.3 OMITTED ITEMS: The Project Engineer, or Project Manager, may, in writing, order omitted from the Work any item other than Major Items, which are found by the Project Engineer, or Project Manager, or Owner to be unnecessary to the Project and such omission shall not be a waiver of any condition of the Contract nor invalidate any of the provisions thereof. Major Items may be omitted by Supplemental Agreements. The Contractor will be paid for all Work done toward the completion of the item prior to such omission as provided in Section 7-5. 6.4 WORK NOT SPECIFIED BUT INCLUDED: Any work not specifically set forth in the Plans and Specifications but which may be fairly implied as included in the opinion of the Project Engineer, or Project Manager, shall be done by the Contractor without extra charge. 6.5 EXTRA WORK--FORCE ACCOUNT: When Work is necessary for the proper completion of the Project for which no quantities or prices were given in the Proposal or Contract, the same shall be called Extra Work and shall be performed by the Contractor when so directed in writing by the Project Engineer, or Project Manager. Extra Work shall be performed by the Contractor in accordance with these Specifications in a skillful and workmanlike manner and as may be directed by the Project Engineer, or Project Manager. Prices for Extra Work shall be itemized and covered by a Supplemental Agreement in accordance with paragraph 3.6 above. Any supplemental agreement must be approved by the Owner prior to the actual starting of such Work. Should the parties be unable to agree on unit prices for the Extra Work or if this method of pricing is impractical, the Project Engineer, or Project Manager, may instruct the Contractor to proceed with the Work by day labor or Force Account as hereinafter provided in Section 7-6. Claims for Extra Work not authorized in writing by the Project Engineer, or Project Manager, prior to the Work being done will be rejected and shall not be compensated for. Extra Work shall not include materials, labor or equipment which is incidental or appurtenant to the Work indicated on the Drawings and in the Specifications. Such Work shall be completed and paid for as part of the Work to which it is appurtenant. 6.6 UNAUTHORIZED WORK: Work performed beyond the lines and grades shown on the Contract Drawings, approved Work and Shop Drawings and Extra Work done without written authorization will be considered unauthorized Work and the Contractor will receive no compensation therefore. If required by the Owner, unauthorized Work shall be remedied, removed or replaced by the Contractor at Contractor's expense. Upon failure of the Contractor to remedy, remove or replace unauthorized Work, the Owner may take action as provided in Section 2.9 Inspection. Article 7. SUBCONTRACTORS, SUPPLIERS AND PERSONNEL 7.1 SUBCONTRACTORS: The Contractor may use the services of specialty Subcontractors on those parts of the Work which, under normal contracting practices, are performed by specialty Subcontractors. 7.1.1 No Subcontracting - The Contractor shall not sublet or subcontract any portion of the Work to be done under the Contract to any Subcontractor or Supplier not identified in the Proposal until approval of such action has been obtained from the Owner. The Owner may disapprove of a Subcontractor for any reason deemed appropriate by the Project Engineer, or Project Manager, including without limitation: a) Default on a contract within the last five (5) years; b) Default on a contract that required that a surety complete the contract under payment or performance bonds issued by the surety; c) Debarment within the last five (5) years by a public entity or any organization that has formal DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 96 of 361 38 debarment proceedings; d) Significant or repeated violations of Federal Safety Regulations (OSHA); e) Failure to have the specific qualifications listed in the Contract Documents for the work that the Subcontractor will perform; f) Failure to have the required Owner or Colorado licenses to perform the work described in the subcontract; g) Failure to pay workers the proper wage and benefits or to pay suppliers or subcontractors with reasonable promptness within the last five (5) years; h) Conviction, plea of nolo contendere, entry into a formal agreement admitting guilt or entry of a plea of guilty or otherwise admitting culpability to criminal offenses of bribery, kickbacks, collusive proposing, bid-rigging, anti-trust, fraud, undue influence, theft, racketeering, extortion or any offense of a similar nature in connection with Subcontractor’s business, on the part of Subcontractor’s principal owners, officers, or employees, within the last five (5) years; i) Failure to pay taxes or fees; j) Evidence that the Subcontractor was selected by the Contractor through the process of Proposal shopping, dishonesty or buyout. 7.1.2 Rejection of Subcontractor - Rejection or acceptance of any Subcontractor shall not create in that Subcontractor a right to any subcontract or the right to perform any portion of the Work, nor shall acceptance or rejection relieve the Contractor of its responsibilities for the work of any Subcontractor. 7.1.3 Contractor Supervision - The Contractor shall also supervise, direct and be responsible for all work performed by its Subcontractors, their agents and employees and other persons performing any of the Work under a contract with the Contractor, Subcontractors of any tier, or Suppliers of any tier. The Contractor is fully responsible to the Owner for the acts and omissions of its Subcontractors, and of persons either directly or indirectly employed by them. 7.1.4 Contractor Obligations - The action or omission of any Subcontractor in violation of this Contract or any subcontract will not relieve the Contractor from any obligation under this Contract or at law. 7.1.5 Contractual Relationship - Nothing contained in the Contract or any exercise of rights under this Contract creates any contractual relationship or privity of contract tween any Subcontractor and the Owner. 7.1.6 Binding to Terms of Contract - The Contractor shall put appropriate provisions (including the indemnity and insurance provisions) in all Subcontracts relative to the Work to bind Subcontractors to the terms of the Contract insofar as applicable to the work of Subcontractors (even if not specifically required here), and to give the Contractor the same power to terminate any Subcontractor that the Owner may exercise over the Contractor. 7.1.7 Guarantees - The Contractor shall specifically stipulate in all Subcontractor or Supplier contracts and purchase order forms for all materials and systems that the guarantee period begins with the date of Substantial Completion. The Contractor shall, during the course of the Work, specifically instruct Subcontractors and Suppliers that all written guarantees, that are due to be submitted to the Owner, shall indicate the initiation of the guarantee period as being the date of Substantial Completion. 7.1.8 Availability of Contract Documents - The Contractor shall make available to each proposed Subcontractor, before the execution of the subcontract, complete and accurate copies of the Contract Documents to which the Subcontractor will be bound, and, upon written request of the Subcontractor, identify to the Subcontractor terms and conditions of the proposed subcontract agreement which may be at variance with the Contract Documents. Subcontractors shall similarly make copies of applicable portions of such documents available to their respective proposed Subcontractors. 7.2 WORKFORCE: The Contractor shall assign an adequate number of qualified, competent workers to each task to complete the Work on schedule and in accordance with the Contract Documents. 7.2.1 Corrective Action Plan - If the Owner believes that the Work is not proceeding satisfactorily or may not be satisfactorily completed by the Completion Date, the Project Engineer, or Project Manager, may, by letter to the Contractor, require the Contractor to submit a corrective action plan identifying steps to be taken, at no additional cost to the Owner, to raise the rate of progress to an acceptable level. 7.2.2 Competent Personnel - Competent personnel with experience and skills adequate for the assigned tasks are an absolute necessity for job safety and for the performance of quality work. The Contractor and any Subcontractor shall employ only foremen and workers skilled in the Work requiring special qualifications. The Contractor shall reassign or remove from the Project all personnel who are requested to be reassigned or removed by the Project Engineer, or Project Manager, or who are incompetent, DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 97 of 361 39 uncooperative, refuse to comply with safety requirements, or are otherwise unfit to perform the assigned task. No increase in Contract Time or Contract Price is authorized as a result of the Owner’s exercise of this section. 7.3 ILLEGAL ALIENS AS LABORERS: The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract nor enter into a contract with a subcontractor that fails to certify to the contractor that thesubcontractor shall not knowinglyemploy or contract with an illegal alien to perform work under this contract. 7.3.1 Confirmation of Eligibility - The Contractor shall confirm or attempt to confirm the employment eligibility of all employees who are newly hired for employment in the United States through participation in the E-Verify Program. If the Contractor is not accepted into the E-Verify Program prior to executing this contract for services, the Contractor shall apply to participate in the E-Verify Program every three months until the contractor is accepted or this contract has been completed, whichever occurs first. This paragraph shall not be effective if the E-Verify Program is discontinued. 7.3.2 Certification - The Contractor certifies that, as of the Effective Date, it does not knowingly employ or contract with an illegal alien who will perform work under this Contract and that the Contractor will participate in the E-verify Program or Department Program as defined in C.R.S. § 8-17.5-37 in order to confirm the eligibility of all employees who are newly hired to perform work under this Contract. 7.3.3 Notification of Owner and Subcontractor - If the Contractor obtains actual knowledge that a Subcontractor performing work under this Contract knowingly employs or contracts with an illegal alien, the Contractor will: • Notify the Subcontractor and the Owner within three (3) days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and • Terminate the subcontract with the Subcontractor if within three (3) days of receiving the notice required pursuant to this subparagraph d the Subcontractor does not stop employing or contracting with the illegal alien; provided, however, that the Contractor will not terminate the contract with the Subcontractor if during such three (3) days the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien. 7.3.4 Complying With Investigation - The contractor must comply with any reasonable request by the Colorado Department of Labor and Employment made in the course of an investigation that the department is undertaking pursuant to C.R.S. 8-17.5-102(2). 7.3.5 Violation. If the Contractor violates this Section, the Owner may terminate this Contract for breach of contract and the Contractor will be liable for actual and consequential damages to the Owner. 7.3.6 Verification of Lawful Presence (C.R.S. § 24-76.5-103). (a) If the Contractor is a natural person, including a sole proprietor with or without employees (i.e., not a corporation, limited liability company, partnership or similar entity), and is 18 years of age or older, the Contractor must: (a) complete an affidavit containing the information required by C.R.S. § 24-76.5-103(4)(b); and (b) attach a photocopy of the front and back of a valid form of identification as required by C.R.S. § 24-76.5-103(4)(a). (b) If the Contractor executes the affidavit stating that he/she is an alien lawfully present in the United States, the Owner will verify his/her lawful presence through the federal systematic alien verification or entitlement program, known as the “SAVE Program,” operated by the U.S. Department of Homeland Security (“DHS”) or a successor program designated by DHS. If the Owner determines through the verification process that the Contractor is an alien not lawfully present in the United States, the Owner will terminate this Agreement without further obligation to Contractor. 7.4 PERSONNEL & CIVIL RIGHTS 7.4.1 Colorado Labor (C.R.S. § 8-17-101) - At least eighty percent (80%) of each type or class of labor employed by the Contractor and any Subcontractors to perform the Work shall be persons who, at time of employment, are residents of the State of Colorado, without discrimination as to race, color, creed, gender or sex, age, religion, national origin, veteran’s status or religion, except when minimum age is a bona fide occupational qualification. The Project Engineer, or Project Manager, if requested in writing by the Contractor and approved by the Project Engineer, or Project Manager, in writing, may waive this requirement in accordance with C.R.S. § 8-17-101. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 98 of 361 40 7.4.2 Anti-Discrimination - While engaged in the performance of the Work, Contractor shall maintain employment practices consistent with the Colorado Antidiscrimination Act, C.R.S. § 24-34-301 through § 24-34-804, as amended. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure applicants are employed, and employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 7.4.3 Civil Rights - In compliance with the Civil Rights Act of 1964, coupled with the Colorado Governor’s Executive Order dated July 6, 1972, Contractor, for itself and its assignees and successors in interest, agree as follows: (a) When applicable, the Contractor shall comply with the Regulations of the Department of Transportation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as the “Regulations”), which are herein incorporated by reference and made a part of this Contract. Contractor shall not participate either directly or indirectly in discrimination prohibited by Section 21.5 of the Regulations including employment practices when the Contract covers a program set forth in Appendix “C” of the Regulations. (b) The Contractor, with regard to the Work performed by it after award and prior to completion of the Work, shall not discriminate on the grounds of race, creed, color, gender or sex, age, religion, veteran status, national origin or ancestry in the selection and retention of Subcontractors, including procurements of materials and leases of equipment. (c) In all solicitations either by competitive Bid or negotiation made by Contractor for work to be performed under a subcontract, including procurements of materials or equipment, each potential Subcontractor or Supplier shall be notified by Contractor of Contractor’s obligations under this Contract and the regulations related to nondiscrimination on the grounds of race, creed, color, gender or sex, age, religion, veteran status, national origin or ancestry. (d) The Contractor shall take all affirmative actions necessary and appropriate to implement, not only the letter but also the spirit, of the policy of equality of opportunity as enunciated in the Constitution and the laws of the State of Colorado and as construed by the courts to prevent discrimination because of race, creed, color, gender or sex, age, religion, handicap, veterans status, national origin or ancestry. (e) The Contractor shall include the provisions of these subsections 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, orders or instructions issued pursuant thereto. The Contractor shall take such action with respect to any subcontract or procurement as the Owner may direct as a means of enforcing such provisions; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or supplier as a result of such direction, the Contractor may request the Owner to enter into such litigation to protect the interest(s) of the Owner. 7.4.4 Americans with Disabilities Act - The Owner makes every attempt to comply with the Americans with Disabilities Act and requires all contractors to be aware of this law and to report immediately to the Project Engineer, or Project Manager, any requests or complaints based upon the Americans with Disabilities Act. This requirement applies to persons or groups who have identified themselves as disabled, or as someone with whom they associate as disabled, and who require a special accommodation. Article 8. INSPECTIONS; CORRECTIONS OF DEFECTS 8.1 DEFECTIVE WORK AND MATERIALS: Material and workmanship not conforming to the requirements of the Contract are deemed defective. The Contractor shall bear all costs of investigating and correcting such defective Work and materials, which includes design efforts necessary to correct such Work. 8.1.1 Determination of Defects - Whether or not the Work is defective will be determined by comparing it to the Contract Drawings, Specifications, accepted Shop Drawings and manufacturer’s literature and further measuring it against the standard of quality implied by the Contractor’s warranty. Also, should the appearance and performance of any element of the Work fail to conform to standards of the trade for such Work, that Work may be declared defective. 8.1.2 Repair and Removal of Defects - Defects discovered by any inspection process or testing, or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 99 of 361 41 otherwise made apparent during the Work, shall be repaired, removed, or replaced by the Contractor, at no cost to the Owner, as identified. The Owner shall have the right to charge the Contractor for its costs of re-inspecting the Work after the defective Work is corrected and any costs of verifying or determining the existence of latent defects 8.1.3 Failure to Repair or Remove Defects - If the Contractor fails to replace rejected materials or Work within ten (10) days after receipt of written notice, the Owner may replace or correct them and charge the cost to the Contractor and may terminate the right of the Contractor to proceed. 8.1.4 Failure to Detect Defects - Failure to detect previously installed defective materials or workmanship shall not impair the Owner’s right to receive the completed Work, which is free of defects and meets all of the requirements of the Contract Documents. Nothing in this section shall limit the Owner’s right to seek recovery for latent defects that are not observable until after any warranty or guaranty periods have run. 8.2 SUBSTITUTED PERFORMANCE: If the Contractor’s failure of exact performance does not appear to the Owner to be deliberate or willful and if the Owner concludes that less than exact performance in some minor part of the Work will not result in a decrease in quality in the entire Work, the Owner may, at its sole option, accept substituted performance. Should the Owner accept substituted performance, the cost of the Work shall be reduced by the sum of money that the Owner determines to be a reasonable consideration for less than exact performance and the Owner may, at its discretion, require separate warranties for any substituted performance. 8.3 AUTHORITY AND DUTIES OF INSPECTORS: All Work shall be subject to inspection and testing by the Project Engineer, or Project Manager, Owner or their agent at all reasonable times and at all places prior to acceptance. Inspectors, employed by the Owner, are authorized to inspect all Work done and all material furnished. Such inspection may extend to all of any part of the Work and to the preparation, fabrication, or manufacture of the materials to be used. The Inspector is not authorized to revoke, alter, or waive any requirements of the Plans and Specifications. The Inspector is authorized to call to the attention of the Contractor any failure of the Work or materials to conform to the Specifications and Contract Documents. 8.3.1 Inspector Authority - The Inspector shall have the authority to reject materials or suspend the Work until any question at issue can be referred to and decided by the Project Engineer, or Project Manager. If the Contractor refuses to suspend operations on verbal order, the Inspector shall issue a written order giving the reason for shutting down the Work. After placing the order in the hands of the manager in charge, the Inspector shall immediately leave the job. Work done during the absence of the Inspector will not be accepted nor paid for. 8.3.2 Contractor Obligations - Inspections by the Project Engineer, or Project Manager, or the Owner, or any of their representatives, or others shall not relieve the Contractor from his obligations to perform the Work in accordance with the requirements of the Contract Documents and to also inspect his own Work. 8.3.3 Limitations of Inspector - The Inspector shall in no case act as foreman or perform other duties for the Contractor nor interfere with the management of the Work by the latter. Any advice which the Inspector may give the Contractor shall in no way be construed as binding to the Project Engineer, or Project Manager, in any way, or releasing the Contractor from fulfilling any of the terms of the Contract. 8.4 INSPECTION: Drawings and specifications defining the Work were prepared on the basis of interpretation by design professionals of information derived from investigations of the Work site. Such information and data are subject to sampling errors, and the interpretation of the information and data depends to a degree on the judgment of the design professional. Information about the degree of difficulty of the Work to be done cannot totally be derived from either the Drawings or Specifications or from the Project Engineer, or Project Manager. The Contractor shall not be entitled to an adjustment to the Contract Time or Contract Price for any condition that was or would have been evident at the time of a pre-Proposal site inspection. By executing the Contract, the Contractor represents that they have visited the site if and to the extent it believed necessary, familiarized itself with the location and conditions under which the Work is to be performed, and correlated its observations with the requirements of the Contract Documents. 8.4.1 Duties of Contractor - Contractor shall promptly, before such conditions are further disturbed, notify the Project Engineer, or Project Manager, in writing of: • Subsurface or latent physical conditions at the Work site differing materially from those indicated in the Contract; or • Unknown physical conditions at the Work site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 100 of 361 42 provided for in the Contract. 8.4.2 Duties of the Owner - Upon receipt of written notification from the Contractor of alleged differing site conditions, the Owner shall promptly investigate the conditions. If the Owner finds that the conditions materially differ and could not have been discovered, or reasonably inferred, from the Contract Documents or a thorough inspection of the Work site by the Contractor, and such conditions cause an increase or decrease in the Contractor’s cost of or the time required for performance of any related part of the Work under the Contract, an adjustment to the Contract Time or Contract Price, or both, may be made through a Change Order. 8.4.3 All Work Subject to Inspection - Until final payment, all parts of the work may be subject to inspection and testing by Owner or its designated representatives. Contractor may furnish, at its own expense, all reasonable access, assistance, and facilities required by Owner for such inspection and testing. The Contractor may furnish the Project Engineer, or Project Manager, with every reasonable facility for ascertaining whether or not the Work performed and materials used are in accordance with the requirements and intent of the Specifications and Contract. In the event of night Work, the Contractor may furnish proper lighting to adequately perform and inspect the Work being performed. If the Project Engineer, or Project Manager, requests it, the Contractor may, at any time before acceptance of the Work, remove or uncover such portion of the finished Work as may be directed. After examination, the Contractor may restore said portions of the Work to the standard required by the Specifications. Should the Work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the coverage or making good of the parts removed, may be paid for as Extra Work; but should the Work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed, shall be at the Contractor's expense. Any Work done or materials used by the Contractor without suitable supervision or inspection by the Project Engineer, or Project Manager, or his authorized representative may be ordered removed and replaced at the Contractor's expense. 8.4.4 Prompt Remedy - If Contractor does not promptly replace rejected material or correct rejected workmanship the Owner may: (a) by separate Contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the Contractor, or (b) terminate the Contractor's right to proceed in accordance with this Agreement pursuant to Section 6.9. Such inspection and test is for the sole benefit of Owner and may not relieve Contractor of the responsibility of providing quality control measures to assure that the Work strictly complies with the Contract. No inspection or test by the Owner, Project Engineer, or Project Manager, or their agent may be construed as constituting or implying acceptance. Inspection or test may not relieve Contractor of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the Owner after acceptance of the completed Work. 8.4.5 Work Outside Normal Work Day - Any Work outside the normal five (5) day, forty (40) hour week may require the Project Engineer, or Project Manager, or Inspector on the job. All inspection so required shall be done at the Contractor's expense and the cost thereof may be deducted from the final payment. Overtime inspection may be done by the Owner at the Contractor's expense at $50.00 per hour. The payment by the Contractor of overtime inspection fees may not relieve the Contractor from the liquidated damages provisions as specified in Section 6-8 herein. 8.4.6 Change Order - If the Contractor has not fully complied with the notice and submittal requirements of this section or any part of the General Conditions pertaining to Change Orders, with particular attention to not disturbing the site prior to allowing the Owner to investigate the conditions, the Contractor shall be deemed to have waived its right to assert a claim for differing site conditions. 8.4.7 No Claim After Final Payment - No claim will be allowed under this section if Final Payment has been made. 8.5 REMOVAL OF DEFECTIVE AND UNAUTHORIZED WORK: All Work which has been rejected or condemned by Owner or Project Engineer, or Project Manager, shall be repaired, or if it cannot be satisfactorily repaired, be removed and replaced at the Contractor's expense. Work done without lines and grades having been given, Work done beyond the lines and grades shown on the Plans, or as given, except as herein provided, Work done without giving timelynotice to the Project Engineer, or Project Manager, so the Project Engineer, or Project Manager, may, if he/she wishes, be present to observe theWork in progress, or anyExtraor unclassified Work done without written authority and prior Agreement in writing as to prices,will be done at the Contractor's risk and will be considered unauthorized and at the option of the Project Engineer, or Project Manager, may not be measured and paid for and may be ordered removed and replaced at the Contractor's expense. Upon the failure of the Contractor to satisfactorily repair or to remove and replace, if so directed, rejected, unauthorized, or condemned Work immediately after receiving formal notice from the Project Engineer, or Project Manager, the Owner may, at its sole option, recover for such defective Work on the Contractor's bond or by action DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 101 of 361 43 in a court having proper jurisdiction over such matters, or may employ labor and equipment and satisfactorily repair or remove and replace such Work and charge the cost of the same to the Contractor, which cost will be deducted from any money due him/her. 8.6 GEOTECHNICAL AND OTHER DESIGN PROFESSIONAL REPORTS, INVESTIGATIONS & TESTS: The Contractor acknowledges that certain soils reports, borings, and other geotechnical data, more particularly described or referenced in the Specifications of the Contract, have been made available for inspection and review. The borings were made for the use of the Owner in the design of the Project and are not intended to be interpreted for use in temporary construction facilities designed by the Contractor. The Owner in no way warrants the accuracy or reliability of said borings and other geotechnical data or of the data, information or interpretations contained in said soils reports, and is not responsible for any deduction, interpretation, or conclusion drawn therefrom by the Contractor. Said soil reports may contain interpretations by design professionals of borings and geotechnical data obtained at the Work site. Such borings and geotechnical data are subject to sampling errors, and any interpretations or conclusions based on such borings and data depend to a degree on the judgment of the design professionals. The Contractor agrees that it will make no claims against the Owner if, in performing the Work, it finds that the actual conditions encountered do not conform to those indicated by said soil reports, borings and other geotechnical data, or those reasonably inferred therefrom or reasonably discoverable by a thorough inspection of the site by the Contractor. Article 9. PROTECTION OF PERSONS, PROPERTY AND ENVIRONMENT 9.1 PROTECTION OF PERSONS: The Contractor is responsible for the health and safety of all persons on or at the Work site and shall take all necessary and reasonable precautions and actions to protect all such persons from injury, death, or loss. 9.1.1 Safety Working Conditions - The Contractor and any Subcontractor shall not require any laborer, mechanic or other person employed in performance of the Work to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. The Contractor and all Subcontractors shall comply with all applicable safety rules and regulations adopted by the United States Department of Labor Occupational Safety and Health Administration (OSHA), the Industrial Commission of the State of Colorado or the City of Englewood, whichever is most restrictive. The Owner assumes no duty to ensure that the Contractor follows the safety regulations issued by OSHA or the State of Colorado. 9.1.2 Protective Devices and Precautions - The Contractor shall provide all necessary protective devices and safety precautions. Such devices and precautions may include but are not limited to: posting of danger signs and warnings against hazards such as, but not limited to, hoists, well holes, elevator hatchways, scaffolding, openings, stairways, trip and fall hazards and falling materials; placement of warning flares; equipment back-up alarms; installation of barricades; promulgation and application of safety regulations and employment of safety personnel and guards. Signs will not be considered to be an adequate substitute for physical protective barriers. The costs of all protective devices and the planning and implementing of safety precautions are considered to be included in the Unit Prices, even if not specified. If, in the opinion of the Project Engineer, or Project Manager, the Contractor has not supplied necessary and adequate barricades, warnings, or other safety devices, then the Owner may order additional devices and deduct the cost from the Contractor's payment. By taking such action, the Owner assumes no liability for the adequacy of such barricades, warnings or other safety devices. 9.1.3 Underground Work - For operations involving trenching, excavation or any other underground construction, the Contractor’s attention is specifically directed to and its work shall conform to the latest revision of the Construction Safety and Health Regulations, Part P Subparagraph 1926.6013-6016 by OSHA, as amended. 9.1.4 Protection of the Public - The Contractor and all Subcontractors shall always, whether or not so specifically directed by the Project Engineer, or Project Manager, take necessary precautions to ensure the protection of the public. The Contractor shall furnish, erect, and maintain at its own expense all necessary precautions for the protection of the Work and safety of the public through and around its construction operations. 9.1.5 Subcontractor - The Contractor shall make the provisions of this section a condition of each contract with any Subcontractor. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 102 of 361 44 9.2 PROTECTION OF PROPERTY: The Contractor shall continuously take all reasonable precautions to protect from damage, injury or loss, all or any part of the Work and all or any part of materials or equipment to be incorporated in the Work, whether in storage on or off the Work site, under the care, custody, control of the Contractor or any Subcontractor or Supplier. The Contractor shall repair or replace at its expense any such damage, injury or loss, except such as may be directly due to error in the Contract or caused by agents or employees of the Owner. The Contractor shall provide and maintain at its expense all passageways, barricades, guard fences, lights, and other protection facilities required by any regulatory agency or public authority or local conditions. The Contractor is responsible for protection of all public and private property on and adjacent to any site of the Work. The Contractor shall use every precaution necessary to prevent damage to curbs, sidewalks, driveways, trees, shrubs, sod, mailboxes, fences, and other private and public improvements. The Contractor shall protect carefully from disturbance or damage all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their locations, and shall not remove them until directed. 9.3 PROTECTION OF HISTORICAL SITES: When the Contractor’s operations encounter remains of prehistoric peoples, dwelling sites or artifacts of historical, archeological, or paleo-logical significance, the Contractor shall temporarily discontinue such operations and immediately advise the Project Engineer, or Project Manager. The Project Engineer, or Project Manager, will contact archeological authorities to determine the disposition of the items in question. When directed, the Contractor shall excavate the site in such a manner as to preserve the artifacts encountered and remove them for delivery to the custody of the proper authorities. Such excavation is considered, and paid for, as extra Work. 9.4 RESPONSIBILITY TO REPAIR: When any direct or indirect damage or injury is done to any public or private property or utility by or on account of any act, omission, neglect or misconduct in the execution of the Work, the Contractor shall restore the damaged property at its own expense to a condition equal to or better than that existing before such damage or injury. If any existing property is damaged in the Work as a result of Contractor’s non-performance, the Contractor shall immediately notify the property owner. The Contractor shall not attempt to make repairs unless authorized in writing by the property owner or directed by the Project Engineer, or Project Manager. Written authorization from the owner to make repairs must be so worded as to save the Owner harmless from any responsibility whatsoever relative to the sufficiency of the repairs. The Contractor shall give the Project Engineer, or Project Manager, a copy of the written authorization to make repairs. The Contractor shall replace any materials and equipment lost, stolen, damaged or otherwise rendered useless during the performance of Work on the Project. At the Contractor’s cost, the Owner may undertake any such repair or replacement required by this section when the Contractor fails to do so within a reasonable time. The Owner may deduct any such cost from any payment due the Contract or may recover such costs from the Contractor or the Surety. 9.5 TRAFFIC CONTROL: Unless the Contract specifically provides for the closing to traffic of any local road or highway while construction is in progress, such road or highway shall be kept open to all traffic by the Contractor. The Contractor shall also provide and maintain in a safe condition temporary approaches, crossings or intersections with roads and highways. The Contractor shall bear all expense of maintaining traffic over the section of road affected by the Work to be done under this Contract, and of constructing and maintaining such approaches, crossings, intersections and any accessory features without direct compensation, except as otherwise provided. The Contractor shall arrange Work to disrupt traffic as little as possible. All traffic Control Devices used shall conform to the latest edition of the Manual of Uniform Traffic Control Devices (MUTCD). Except as otherwise permitted, two way traffic shall be maintained at all times in public roadways. The Contractor shall provide, erect and maintain all necessary barricades, signs, danger signals and lights for the protection of the Work and the safety of the public. All barricades, signs and obstructions erected by the Contractor shall be illuminated at night and all devices for this purpose shall be kept illuminated from sunset to sunrise. The Contractor shall be held responsible for all damage to the Work due to failure of barricades, signs, lights and watchman to protect it, and whenever evidence of such damage is found prior to acceptance, the Project Engineer, or Project Manager, mayorder the damaged portion immediatelyremoved and replaced by the Contractor without cost to the Owner if, in the opinion of the Project Engineer, or Project Manager, such action is justified. The Contractor's responsibility for the maintenance of barricades, signs and lights shall not cease until the Project has been accepted. 9.5.1 Closure of Street or Alley - No street or alley shall be closed to the public by the Contractor except as authorized by the City Traffic Engineer and in accordance with procedures outlined herein. Whenever, in the prosecution of the work, the Contractor finds it necessary to close a street to traffic, he/she shall DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 103 of 361 45 advise the Police and Fire Departments forty-eight (48) hours in advance of the time when the street will require closing. The forty-eight (48) hour notice will be required in all cases involving the normal prosecution of the work and convenience of the Contractor. Twenty-four (24) hours prior to commencement of work, the Contractor shall furnish and install approved “No Parking” signs, giving day of the week; i.e. “No Parking in this block on Thursday.” At time of posting verbal notice of intent shall be given to occupants of premises involved. In cases of emergency, involving conditions over which the Contractor has no control, the street may be closed. In these cases, the Contractor is required to immediately notify the Police and Fire Departments and the City Traffic Engineer. 9.5.2 Detours - Wherever streets or alleys are closed as provide herein, it will be the sole responsibility of the Contractor to adequately mark and light the detours as determined by the Contractor and the City Traffic Engineer after consultation with the Police and Fire Departments, City Traffic Engineer, and in accordance with standard details indicated on plans for this project. The Contractor, at its cost, shall furnish and maintain all necessary signs, barricades, lights, and flaggers necessary to control traffic and provide for safety of the public, all in compliance with the MUTCD with subsequent revisions and additions, and to the satisfaction of the Public Works Director. No constructions signs shall be placed on sidewalks unless construction is actually taking place on the sidewalk. During evening hours and when not in use, all signs shall be turned away from traffic and moved at least eight (8) feet away from the edge of the nearest traveled way. 9.5.3 Permission for Detours - Wherever detours are required over areas other than on established City streets, it shall be the responsibility of the Contractor to secure all necessary permission from the property owners involved, prior to establishing such detours. Traffic shall not be routed over such detour until it has been bladed and shaped in such a way as to provide a reasonably safe and convenient roadway to the traveling public. Full provision shall be made to the Contractor for minimizing inconvenience from dust. 9.5.4 Safe and Convenient Roadway - Where traffic is maintained along the street or alley under construction, particular care shall be used to shape and maintain the roadbed so that a safe and convenient roadway is available to the traveling public. Ramps from undisturbed streets into excavated areas shall be maintained for traffic on gradual grades and in no case shall a ramp be steeper than a 6:1 slope. The Contractor shall make full provisions for minimizing inconvenience from dust. Marking and lighting the route shall be in accordance with standard details indicated on the plans for the district. During periods when actual construction is not in progress, streets shall be properly maintained and dust control measures shall be employed. 9.5.5 Traffic Control Plan - At least seven (7) days before starting any Work in the City right-of-way, the Contractor shall submit a detailed traffic control plan for review by the City of Englewood Public Works Department, with a copy to the Police Department. The approval shall establish the requirements for closures related to the number of lanes and time of day lanes or streets may be closed in accordance with the MUTCD and other applicable criteria or regulations. The Traffic Control Plan (TC Plan) shall include the name of the Contractor, the name and phone number of the person responsible for the traffic control, the date for beginning and ending construction activity and hours of operation expected. The TC Plan should show the widths of streets involved, traffic lanes, the size and location of the Work area with distances from the curb, distance to the nearest intersection, detours, parking areas, access to private property, and the type and location of traffic control devices. No changes to the TC Plan shall be permitted without prior, written approval by the Public Works Director. The Contractor shall create its Traffic Control plans in concurrence with any Traffic Control requirements that may be specifically stated in the Special Conditions. 9.5.6 Need for Police Officer - Whenever a police officer is necessary for traffic control, the Contractor shall hire and pay a uniformed off-duty police officer with authority in the City to direct traffic. The police department will determine the rate of pay for the officers. 9.5.7 Incidents - The Owner may impose a price reduction charge for any recurrence of an incident under the TC Plan, after notification by the Project Engineer, or Project Manager, according to the following schedule. The price reduction charge will not be considered a penalty, but will be a price reduction for failure to perform traffic control in compliance with the Contract. For purposes of this section, an “incident” is any violation of the TC Plan lasting up to thirty (30) minutes; each successive or cumulative 30-minute period in violation of the TC Plan will be deemed a separate incident, as determined by the Project Engineer, or Project Manager. Incident Price Reduction Charge First None – Notice from Project Engineer, or Project Manager Second $150.00 DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 104 of 361 46 Third $300.00 Fourth $600.00 Subsequent $1,200.00 9.6 PROTECTION OF STREET SIGNS, TRAFFIC SIGNS and SIGNALS: Street signs, traffic signs, signals and other traffic control devices erected by the City for information and to safeguard traffic must be protected by the Contractor. Where it is necessary to disturb or remove any of these items, the Contractor shall secure approval of the Traffic Engineer prior to any such work, this approval to be based on concurrence and requirements from the Traffic Engineer. 9.7 UTILITIES: The Contractor's attention is directed to the importance of protecting all public utilities encountered on all projects. Such utilities may include, but are not limited to: telephone, telegraph and power lines, water lines, sewer lines, gas lines, railroad tracks, and other overhead and underground utilities, cable television lines and facilities. Before any excavation is begun in the vicinity of water lines, railroad tracks or structures, sewer lines, cable television lines, gas lines or telephone conduits, each utility company concerned must be notified in advance of such excavation, and such excavation shall not be made until an authorized representative of the utility company concerned is on the ground and has designated the location of their facilities. The Contractor shall support, and protect from injury, until completion of the Work any existing power lines, telephone lines, water mains, gas mains, sewers, storm sewers, cables, conduits, ditches, curbs, walks, pavements, driveways, and other structures in the vicinity of the Work that are not authorized to be removed. 9.7.1 Utility Coordination - The Contractor shall schedule and coordinate all Work with any utilities. The Contractor shall cooperate with utility owners (including electrical, gas, communication, water, sewer and railroad) to mitigate damage (including relocation or removal) whenever the Contractor’s work affects their utilities. The Contractor shall seek to expedite the progress of such work and minimize duplication of work and disruption of services. 9.7.2 Minimize Disruption - The Contractor shall conduct its operations in such a manner as to minimize the inconvenience to the public due to disconnected utilities. The Contractor shall not disconnect any utility without prior approval of the affected utility and the Project Engineer, or Project Manager. Such utility shall then not be disconnected before 9:00 A.M. and service shall be restored by 4:00 P.M. of the same day. If the Contractor’s operations require or cause utility service to be disconnected beyond the time limits stated above, the Contractor shall make arrangements suitable to the Project Engineer, or Project Manager, to provide temporary utility service. Such temporary service shall be at Contractor’s expense. The Contractor shall notify all affected properties regarding any utility disconnection, forty-eight (48) hours prior to the disconnection. 9.7.3 Delays - The Owner will not be responsible or liable for any delay or other impact to the Work caused by the acts or omissions of any utility or related agency. 9.8 COORDINATION WITH ENGLEWOOD UTILITIES: The Contractor shall always coordinate its Work with the South Platte Water Renewal Partners (SPWRP) and the Englewood Utilities Department (EUD). If it becomes necessary to close portions of any water or sewer system due to construction operations, the Contractor will provide at least seventy-two (72) hours prior notice to SPWRP and EUD. SPWRP and EUD shall have authority to dictate requirements of the closure. It is the Contractor’s responsibility to ensure continuity of the utilities. 9.9 NOTIFICATION OF AFFECTED UTILITY AND PROPERTY OWNERS: The Contractor shall not excavate without first notifying all owners, operators, or association of owners and operators having underground facilities in the area of such excavation. Notice may be given in person, by telephone or in writing. Notice to an association is notice to each member of the association. The Contractor shall contact the Utility Notification Center of Colorado before the start of any excavating. The Contractor shall give such notice of the commencement, extent, and duration of the excavation work at least forty- eight (48) hours before beginning Work affecting the area. If the Project affects fences, landscaping, mailboxes, driveways or other improvements, the Contractor shall notify the affected property owners or occupants IN WRITING at least forty-eight (48) hours before beginning Work. The Contractor shall cooperate with the owners or occupants to reduce inconvenience where reasonably possible. 9.10 POLLUTION CONTROL: The Contractor shall comply with all applicable Federal, State and City ordinances, laws, orders, and regulations concerning the control, prevention, and abatement of water pollution and air pollution in all operations pertaining to the Contract whether on right-of-way provided by the City or elsewhere. (See Article 17, below). DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 105 of 361 47 9.10.1 Pollution Prevention - The Contractor shall use construction methods that prevent release, entrance or accidental spillage of solid matter, contaminants, debris, and other objectionable pollutants and wastes including, but not restricted to refuse, garbage, cement, concrete, sewage effluent, industrial waste, radioactive substances, oil and other petroleum products, aggregate processing tailings, mineral salts, and thermal pollution. Non-regulated solid wastes shall be disposed of by methods approved under applicable laws and regulations, including, the Resource Conservation and Recovery Act (RCRA), Subtitle D, as administered by Colorado and local Health Departments and the EPA. 9.10.2 Contaminated and Hazardous Materials - Contaminated and hazardous materials are regulated by RCRA, Subtitles C and D. The Contractor shall notify the Colorado Department of Public Health and Environment, local health departments, and local fire departments, and the Owner if suspect materials are encountered. 9.10.3 Prevention of Atmospheric Discharges - The Contractor shall utilize methods and devices that are reasonably available to control, prevent, and otherwise minimize atmospheric emissions or discharges of air contaminants including dust in its construction activities and operation of equipment. 9.10.4 Prevention of Dust Emission - The Contractor shall not emit dust into the atmosphere during any operations, including but not limited to: grading; excavating; manufacturing, handling or storing of aggregates; trenching; or cement or pozzolans. The Contractor shall use the necessary methods and equipment to collect, deposit, and prevent dust from its operations from damaging crops, orchards, fields or dwellings or causing a nuisance to persons. The Contractor is liable for any damage resulting from dust. 9.10.5 Excessive Exhaust Gases - The Contractor may not operate equipment and vehicles with excessive emission of exhaust gases due to improper mechanical adjustments, or other inefficient operating conditions, until repairs or adjustments are made. 9.10.6 Burning - Burning trash, rubbish, trees, brush or other combustible construction materials is not permitted unless the Contractor has obtained a valid burning permit issued by the Tri-County District Health Department or successor agency, and the local fire department. Any such burning shall be conducted in accordance with permit requirements. 9.10.7 De-Watering - De-watering for structure foundations or earthwork operations adjacent to or encroaching on lakes, streams or watercourses shall be done in a manner which prevents muddy water and eroded materials from entering the lakes, streams or watercourses, by construction of intercepting ditches, bypass channels, barriers, settling ponds or by other approved means. Excavated materials may not be deposited or stored in or alongside lakes or watercourses where they can be washed away by high water or storm runoff. 9.10.8 Wastewater Runoff - The Contractor will not allow wastewater from aggregate processing, concrete batching or other construction operations to enter lakes, streams, watercourses or other surface waters without turbidity control methods such as settling ponds, gravel-filter entrapment dikes, approved flocculation processes that are not harmful to fish, recirculation systems for washing of aggregates or other approved methods. Any wastewaters discharged into surface waters shall conform to applicable discharge standards of any agency having jurisdiction over the discharge, including the Colorado Department of Public Health and Environment and any federal agency. 9.11 PUBLIC CONVENIENCE AND SAFETY: The Contractor shall fully comply with all applicable Federal, State and local laws governing safety. He shall provide all safeguards, safety devices and protective equipment and take any other needed actions on his own responsibility reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the Work. Materials stored upon the site shall be so placed and the Work shall, at all times, be so conducted as to cause no greater obstruction to traffic than is considered necessary by the Project Engineer, or Project Manager. The Contractor shall give to the Project Engineer, or Project Manager, full information in advance as to his plans for carrying out any part of the work. If at any time before the beginning or during the progress of the work, any part of the Contractor’s plant or equipment or any of his methods of executing the work appear to the Project Engineer, or Project Manager, to be unsafe, inefficient, or inadequate to insure the required quality, rate of progress or safety of the work, he may order the Contractor to increase or improve his facilities or methods, and the Contractor shall promptly comply with such orders; but neither compliance with such orders nor failure of the Project Engineer, or Project Manager, to issue such orders shall relieve the Contractor from his obligation to secure the degree of safety, the quality or work, and the rate of progress required by this Contract. The approval by the Project Engineer, or Project Manager, of any plan or method of work proposed by the Contractor shall not be considered as an assumption by the City, or any officer, agent or employee thereof, of a risk or liability, and the Contractor shall have no claim under this Contract for the failure or inefficiency of any plan or method so approved. Such approval shall be considered and shall mean that the Project Engineer, or Project Manager, has no objection to the Contractor’s DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 106 of 361 48 use or adoption, at his own risk and responsibility, of the plan or method so proposed by the Contractor. 9.12 USE OF EXPLOSIVES: When the use of explosives is necessary for the prosecution of the Work, the Contractor shall use the utmost care so as not to endanger life or property, and whenever directed by the Project Engineer, or Project Manager, the number and size of the charges shall be reduced. The Contractor shall notify the proper representatives of any public services corporation, the Owner, any company, or any individual at least ten (10) working days in advance of any blasting which may damage his or their property on, along, or adjacent to the site. The Contractor shall comply with the requirements of Title 9, Article 7 of the Colorado Revised Statutes, as amended, titled "Explosive Permits". The Contractor shall also be required, at a minimum, to notifythe Denver Fire Department and the Englewood Police Department, the City and the surrounding properties. All explosives shall be stored in a secure manner and all storage places shall be marked clearly "DANGEROUS EXPLOSIVES," and shall be in care of competent watchmen at all times. 9.13 RESTORATION OF PROPERTY: The Contractor shall not enter upon private property for any purpose without first obtaining permission, and he shall be responsible for the preservation of all public and private property, sod, trees, fences, monuments, underground structures, etc., on and adjacent to the site and shall use every precaution necessary to prevent damage or injury thereto. He shall protect carefully, from disturbance or damage, all land monuments and property markers until an authorized agent has witnessed or otherwise referenced their location, and shall not remove them until directed. 9.13.1 Responsibility for Damage - Contractor shall be responsible for all damage or injury to public or private property of any character resulting from any act, omission, neglect or misconduct in his manner, or method of executing said Work, or due to his non- execution of said Work, or at any time due to defective Work or materials, and said responsibility shall not be released until the Work shall have been completed and accepted. 9.13.2 Property Restoration - When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or misconduct in the execution of the Work, or in consequence of the non-execution thereof on the part of the Contractor, he shall restore, at his own expense, such property to a condition similar or equal to that existing before such damage or injury was done by repairing, rebuilding, or otherwise restoring, as may be directed, or he shall make good such damage or injury in an acceptable manner. In case of the failure on the part of the Contractor to restore such property or to have started action to make good such damage or injury, the Owner may upon forty- eight (48) hours of notice, proceed to repair, rebuild or otherwise restore such property as may be deemed necessary and the cost thereof will be deducted from any moneys due or which may become due the Contractor under the Contract or prosecuted as a claim against the Contractor's Surety Bond. 9.13.3 Insurance - The cost of insurance for damages due to Contractor's operation or cost of protecting utilities where required to permit construction under this Contract shall be included in the original Contract prices for the Project. Article 10. PERMITS AND LICENSES; COMPLIANCE WITH CURRENT LAWS 10.1 COMPLIANCE WITH LAWS, LICENSES AND PERMITS: The Contractor, shall at all times, observe and comply with all Federal, State and local laws, codes, ordinances, and regulations, which pertain to and affect the conduct of the Work, and the Contractor and his Surety shall indemnify and save harmless the Owner and all its officers, agents, employees, or any of their heirs, successors or assigns against any claim, judgment, demand, costs, liability or expenses, including, but not limited to, attorney's fees and costs of suit arising from or based on the violation of any such law, ordinance, regulations, order, or decree, whether such claim, judgment, demand, costs, liability or expenses arises from actions by himself, his employees, or agents or subcontractors.. 10.1.1 Adherence to City Policies - The Contractor and its employees, agents and Subcontractors, while performing the Work or while on City property for any reason during the Term, shall adhere to the City’s policies applicable to City employees regarding drugs, alcohol and workplace violence. 10.1.2 Licenses and Permits - The Contractor will obtain, at its cost, all licenses and permits required to do the Work by the City, county, state, federal, or other applicable law or regulation. Any costs incurred for these permits and licenses must be included in the unit costs set forth in the Proposal for the Work. A Subcontractor shall also have the proper permits applicable to the Work to be performed by the Subcontractor. 10.1.3 Contract 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. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 107 of 361 49 10.1.4 Contractor Liability - Nothing contained herein shall be deemed to create liability for the contractor for any design defects not managed by the Contractor. 10.1.5 Colorado 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. Article 11. BONDS 11.1 BONDS: The Contractor shall, within the time specified in the Request for Bids, and before the commencement of any Work, provide the Owner with a separate: a) Performance bond in an amount equal to 100% of the amount of the Contract Price as a guarantee of the Contractor’s faithful performance and completion of all undertakings, covenants, terms, conditions, warranties, and agreements of the Contract; and b) Payment bond in an amount equal to 100% of the amount of the Contract Price, which bond shall conform to the requirements of C.R.S. § 38-26-101, et seq., as amended, as a guarantee of the Contractor’s prompt payment to all persons supplying labor and materials in the prosecution of the Work provided by the Contract. 11.1.1 The Contractor shall use the Bond forms included with the Request for Bids. Other forms may be used if approved by the City Attorney before the submission of the Proposal. 11.1.2 The Contractor bears the expense of all Bonds. 11.1.3 The Contractor shall secure an increase in the bonds in an amount equal to the cost of any additional work authorized pursuant to a duly executed Change Order or Contract Amendment that increases the Contract Price by ten percent (10%) or more, unless waived in writing by the Project Engineer, or Project Manager. 11.1.4 The Contractor and a Surety shall execute the Bonds. The Surety shall be corporate bonding company acceptable to the Owner, licensed to transact such business in the State of Colorado, and listed in the U.S. Department of the Treasury Circular 570 in effect on the date of the Request for Bids. Evidence of authority of an attorney-in-fact acting for the Surety shall be provided in the form of a certificate as to its power of attorney and to the effect that it is not terminated and remains in full force and effect on the rate of the Bonds. 11.1.5 If at any time a Surety on any Bond becomes irresponsible, is disqualified from doing business in the State of Colorado, or becomes insolvent or otherwise impaired, the Contractor shall furnish Bond(s) from an alternate Surety acceptable to the Owner. 11.1.6 The Bonds shall remain in effect until Final Acceptance. Article 12. WARRANTY 12.1 SCOPE OF WARRANTY: Contractor shall guarantee and warranty that the work and all of its components shall remain in good order and repair, be free from defects and flaws in design, workmanship, and materials; shall strictlyconform to the requirements of this contract; and shall be fit, sufficient and suitable for the purposes expressed in, or reasonably inferred from, this contract, 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 warranty herein expressed shall be in addition to any other warranties expressed or implied by law, which are hereby reserved unto Owner. In all emergencies the Contractor shall immediately remedy, repair, or replace, without cost to the Owner and to the entire satisfaction of the Owner, defects, damages or imperfections due to faulty materials or workmanship appearing in said Work within said period of not less than one year. Remedied Work shall carry the same warranty as the original Work starting with the date of acceptance of the replacement or repair. Payment to the Contractor will not relieve him of any obligation underthis Contract. 12.1.1 Damage Remedies - The Contractor, at no additional expense to the Owner, shall also remedy damage to equipment, the site, or the buildings or the contents thereof which is the result of any failure or defect in the Work, and restore any Work damaged in fulfilling the requirements of the Contract. Should the Contractor fail to remedy any such failure or defect within a reasonable time after receipt of notice thereof, the Owner will have the right to replace, repair, or otherwise remedy such failure or defect at the Contractor's expense. 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 Public Works whose DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 108 of 361 50 decision upon the matter shall be final and obligatory upon the Contractor. 12.1.2 Subcontractors, Manufacturers and Suppliers - Subcontractors', manufacturers', and suppliers' warranties and guarantees, expressed or implied, respecting any part of the Work and any material used therein shall be deemed obtained and shall be enforced by the Contractor for the benefit of the Owner without the necessity of separate transfer or assignment thereof. 12.1.3 Waiver - The rights and remedies of the Owner provided in this Section are in addition to and do not limit any rights and remedies afforded by the Contract or by law. The Contractor specifically waives all the provisions of Chapter 8 of Article 20 of Title 13, Colorado Revised Statutes regardingdefects in the Work under the Contract. 12.2 OWNER'S RIGHT TO CORRECT: If, within five (5) business days after Owner gives Contractor notice of any defect, damage, flaw, unsuitability, nonconformity, or failure to meet a warranty subject to correction by Contractor pursuant to Section 3.1 or Section 3.2 of this contract, or the Contractor neglects to make, or undertake with due diligence to make, the necessary corrections, then Owner shall be entitled to make, either with its own forces or with contract forces, the corrections and to recover from Contractor all resulting costs, expenses, losses, or damages, including attorneys' fees and administrative expenses. 12.3 NONEMERGENCY WARRANTY WORK: In cases of warranty work which is not an emergency, all necessary repairs shall be made within a reasonable time not to exceed twenty (20) days after notice of the required repair is received by the contractor. For those items of warranty work which cannot be completed within said twenty (20) day period, the parties shall negotiate a reasonable period of time. 12.4 PERFORMANCE DURING WARRANTY PERIOD: The Project Engineer, or Project Manager, will notify the Contractor of defective Work that is found to be defective and fails to satisfy the warranties and guarantees described in this article, or elsewhere in the Contract Documents, and the Contractor shall, within ten (10) days or such longer time as may be requested and set forth in the notice, commence the repair, replacement, or correction of the defective Work. If the Contractor fails to complete such Work within a reasonable period, the Owner may make the repairs or replacements at the expense of the Contractor. If the Owner determines that immediate action to make repairs, replacements or other corrections is necessary because of emergency conditions or to prevent further loss or damage, the Owner may proceed without notice to the Contractor, but at the expense of the Contractor. 12.4.1 Failure to Correct - If the Contractor does not proceed with the correction of such defective Work within the time fixed by written notice from the Project Engineer, or Project Manager, or if an emergency condition exists, the Owner may remove and store any defective materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of the removal and storage within ten (10) days thereafter, the Owner may, upon ten (10) additional days’ written notice, sell the stored Work at auction. If the proceeds of sale do not cover all costs that the Owner has incurred and which the Contractor should have borne, the difference shall be charged to the Contractor and the Contractor and its surety shall be liable for and pay such difference to the Owner. 12.4.2 Disputes - If the Contractor does not agree that the Work is defective or the defective Work is its responsibility and if no emergency condition exists, the Contractor may request review, in writing, of the Project Engineer, or Project Manager’s decision by the Director of Public Works, in accordance with these General Conditions. If such review is not requested within ten (10) days of the notification of defective Work, the Contractor shall have waived the right to contest its responsibility for the correction of the defective Work. Under emergency conditions, the Contractor shall immediately correct the alleged defective Work, and the question of responsibility for the expense shall be determined by the Project Engineer, or Project Manager, subject to the right of the Contractor to seek review within ten (10) days of the Owner’s notice allocating responsibility for the expense. 12.4.3 Extension of Warranty Period - Should the Owner claim by written communication sent or mailed before the warranty or guarantee period expires that certain defective Work exists and that it requires repair or replacement, the warranty and guarantee period shall be automatically extended for as long as the defective Work exists. Article 13. INSURANCE; RISK OF LOSS 13.1 GENERAL REQUIREMENTS 13.1.1 Insurance Requirement - The Contractor, at its own cost, shall procure and maintain, and shall cause each Subcontractor to procure and maintain, policies containing the minimum insurance coverage DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 109 of 361 51 listed in this article for the duration of the Work. Such coverage shall be procured and maintained with forms and insurers acceptable to the Owner. All coverage shall be continuously maintained from the date of commencement of Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. The Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by Owner. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. 13.1.2 No Modification of Liability - The Contractor shall not be relieved of any liability, claims, demands or other obligations assumed pursuant to the Contract Documents by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. The insurance requirements contained in the Contract shall not limit or redefine the obligations of the Contractor as provided elsewhere in the Contract. The limits of any insurance required by this Agreement will not limit Contractor’s liability. 13.1.3 Evidence of Coverage - Before commencing Work, the Contractor will provide certificates of insurance policies and all necessary endorsements evidencing insurance coverage required by the Contract Documents and identifying the Project. The Owner will not be obligated under the Contract until Contractor provides acceptable such certificates of insurance and endorsements. If the Term extends beyond the period of coverage for any required insurance, the Contractor will, at least ten (10) days before the expiration of any such insurance coverage, provide the Owner with new certificates of insurance and endorsements evidencing either new or continuing coverage. 13.1.4 Breach - Failure on the part of the Contractor to procure or maintain policies providing the required coverage, conditions, and minimum limits shall constitute a material breach of contract upon which the Owner at its discretion may procure or renew any such policy or any extended connection therewith, and all monies so paid by the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the premiums against any monies due to Contractor from the Owner. 13.2 REQUIRED POLICIES AND LIMITS: The Contractor agrees to procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance, or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types. Contractor shall procure and maintain, and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor's Subcontractors in Contractor's own policy with respect to), the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the Owner. All coverages shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage. 13.2.1 Workers' Compensation Insurance - This will cover obligations imposed by the Workers' Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers' Liability insurance with minimum limits of Five Hundred Thousand Dollars ($500,000) each accident, Five Hundred Thousand Dollars ($500,000) disease - policy limit, and Five Hundred Thousand Dollars ($500,000) disease - each employee. 13.2.2 Commercial General Liability Insurance - Comprehensive general liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the performance of the Work with at least Three Million Dollars ($3,000,000) each occurrence and Three Million Dollars ($3,000,000) general aggregate, including the following coverages: broad form property damage; operations premises liability; personal and advertising injury liability, independent contractors coverage, contractual liability, completed operations/products liability; coverage for construction, means, and methods; and explosion, collapse, and underground liability (if the Work requires blasting, explosive conditions, collapse hazards or underground operations, this coverage shall contain no exclusion relative to property in the care, custody, or control of the insured). 13.2.3 Products and Completed Operations Insurance - Products and completed operations insurance insuring against any liability for bodily injury or property damage caused by the completed Work, with a combined single limit of at least One Million Dollars ($1,000,000) and Two Million Dollars ($2,000,000) general aggregate. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 110 of 361 52 13.2.4 Builder’s Risk - Builder's Risk insurance with minimum limits of not less than the insurable value of the work to be performed under this contract at completion less the value of the materials and equipment insured under installation floater insurance. The policy shall be written in completed value form and shall protect the Contractor and the Owner against risks of damage to buildings, structures, and materials and equipment not otherwise covered under Installation Floater insurance, from the perils of fire and lightning, the perils included in the standard coverage endorsement, and the perils of vandalism and malicious mischief. Equipment such as pumps, engine-generators, compressors, motors, switch-gear, transformers, panel boards, control equipment, and other similar equipment shall be insured under Installation Floater insurance when the aggregate value of the equipment exceeds $10,000. The policy shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor or the Owner. 13.2.5 Comprehensive Automobile Liability Insurance - Comprehensive automobile liability insurance insuring against any liability for personal injury, bodily injury or death arising out of the use of motor vehicles and covering operations on or off the site of all motor vehicles controlled by Contractor that are used in connection with performance of the Work, whether the motor vehicles are owned, non-owned, hired, leased, or borrowed, with a combined single limit of at least Two Million Dollars ($2,000,000) each occurrence, Two Million Dollars aggregate and personal injury protection per Colorado law. 13.2.6 Installation Floater – Floater with minimum limits of not less than the insurable value of the work to be performed under this contract at completion, less the value of the materials and equipment insured under Builder's Risk insurance. The value shall include the aggregate value of any City furnished equipment and materials to be erected or installed by the Contractor not otherwise insured under Builder's Risk insurance. The policy shall protect the Contractor and the Owner from all insurable risks of physical loss or damage to materials and equipment not otherwise covered under Builder's Risk insurance, while in warehouses or storage areas, during installation, during testing, and after the work under this contract is completed. The policy shall be of the "all risks" type, with coverages designed for the circumstances which may occur in the particular work to be performed under this contract. The policy shall provide for losses to be payable to the Contractor and the Owner as their interests may appear. The policy shall contain a provision that in the event of payment for any loss under the coverage provided, the insurance company shall have no rights of recovery against the Contractor or the Owner. 13.2.7 Other Insurance - Any other insurance required by applicable law. 13.3 TERMS OF INSURANCE 13.3.1 Additional Insured - Except for the workers’ compensation policy, all required insurance policies shall name the Owner, its officers and employees and any additional person or entity identified by the Owner as an additional insured and will provide that the Owner or other additional insured, although named as an additional insured, will nevertheless be entitled to recovery under said policies for any loss occasioned to the City or its officers, employees or agents or other additional insured by reason of the negligence of Contractor or its officers, employees, agents, subcontractors or business invitees. The insurance policies will be for the mutual and joint benefit and protection of the Contractor and the City and other additional insured, if any. Such policies will be written as primary policies not contributing to and not in excess of coverages the City or other additional insured may carry. Every policy required above shall be primary insurance, and any insurance carried by the Owner, its officers, or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above. 13.3.2 Certificates of Insurance - Certificates shall be completed by the Contractor's insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and shall be subject to review and approval by the Owner. Each certificate shall identify the Project. If the words "endeavor to" appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The Owner reserves the right to request and receive a certified copy of any policy and any endorsement thereto. 13.3.3 Qualification; Deductible - Insurance required by this Section will be with companies qualified to do business in the State of Colorado and having an AM Best Rating of not less than B+ and/or VII. Insurance may provide for deductible amounts as the Contractor deems reasonable for the Services, but in no event greater than Twenty Thousand Dollars ($20,000.00) (unless waived by the Owner), and the Contractor will DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 111 of 361 53 be responsible for the payment of any such deductible. 13.3.4 Cancellation - The coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the Owner. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the Owner may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the Owner shall be repaid by Contractor to the Owner upon demand, or the Owner may offset the cost of the premiums against any monies due to Contractor from the Owner. 13.3.5 Coverage Type - Contractor will identify whether the type of coverage is “occurrence” or “claims made.” If the type of coverage is “claims made,” which at renewal Contractor changes to “occurrence,” the Contractor will carry a twelve (12) month tail. The Contractor will not do or permit to be done anything that will invalidate the policies. 13.3.6 No “Pollution Exclusion.” - The required insurance will cover any and all damages, claims or suits arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of pollutants, and will not exclude from coverage any liability or expense arising out of or related to any form of pollution, whether intentional or otherwise. If the Contractor is unable to procure a policy of insurance in compliance with these provisions, the Contractor will secure and maintain either a rider or a separate policy insuring against liability for pollution related damages, claims or suits, as described in subsection ii(a), with at least Two Million Dollars ($2,000,000) each occurrence, subject to approval by the Owner. 13.3.7 The parties hereto understand and agree that the Owner is relying on, and does not waive or intend to waive by any provision of this contract, 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 the Owner, its officers, or its employees. Article 14. INDEMNIFICATION 14.1 CONTRACTOR TO OWNER: The Contractor shall, only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Contractor, indemnify, save harmless, and defend the City, its officers and employees, from and in all suits, actions or claims of any character brought because of: any injuries or damage received or sustained by any person, persons or property because of operations for the City under the Contract; the Contractor’s failure to comply with the provisions of the Contract; the Contractor’s neglect of materials while constructing the Work; because of any act or omission, neglect or misconduct of the Contractor; because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, unless the design, device, materials or process involved are specifically required by Contract; from any claims or amount arising or recovered under the “Workers’ Compensation Act,” by reason of the Contractor’s failure to comply with the act; pollution or environmental liability; or any failure of the Contractor to comply with any other law, ordinance, order or decree. Nothing in this article requires the Contractor to defend, indemnify, or hold harmless the City from the City’s own negligence. 14.1.1 The Contractor will include this article in all Subcontracts. 14.1.2 The City may retain so much of the money due the Contractor under the Contract as the City considers necessary to offset any damages for which Contractor may be liable under this paragraph. If no money is due, the Contractor’s Surety may be held until such suits, actions, claims for injuries or damages have been settled. Money due the Contractor will not be withheld when the Contractor produces satisfactory evidence that it and the City are adequately protected by public liability and property damage insurance. 14.1.3 The Contractor will pay the City all expenses incurred to enforce this article. If the insurer of the Contractor fails to provide or pay for the defense of the City of Englewood, its officers and employees, as additional insured, the Contractor agrees to pay for the cost of that defense. 14.1.4 This article will survive Final Acceptance and the termination of this Contract. 14.2 OWNER TO CONTRACTOR: The City cannot, under Article XI, Section 1 of the Colorado Constitution, 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 and his Surety shall indemnify and save harmless the Owner, its officers, agents, employees, successors and assigns from all suits, demands, actions, or claims of any nature whatsoever brought or made against the Owner, its officers, agents, employees, successors or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 112 of 361 54 assigns from any injuries or damages sustained by any person, firm or corporation or property or resulting from or arising out of any neglect in safeguarding the Work, or through the use of unacceptable materials in the construction of the improvement, or as a result of any act or omission by the said Contractor, or from the use, misuse, storage or handling of explosives or on account of any claims or amounts recovered for any infringement of patent, trade- mark, or copyright, or from any claims or amounts arising or recovered under the Workmen's Compensation Laws, or any other law, by-law, ordinance, order or decree, and so much of the money due the said Contractor under and by virtue of his Contract, as shall be considered necessary by the Owner, may be retained or, in case no money is due, his surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages as aforesaid, shall have been settled and satisfactory evidence to that effect furnished to the Owner. 14.3 NO PERSONAL LIABILITY OF THE PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, is an agent of Owner and the Project Engineer, or Project Manager, his agents, heirs, successors and assigns shall have no liability to any third party as a result of his performance of under this Contract. 14.4 NO WAIVER OF LEGAL RIGHTS: Inspection by the Project Engineer, or Project Manager, or by any of his duly authorized representatives, of any order, measurement, or certificate by the Project Engineer, or Project Manager; of any order by the Owner for the payment of money; of any payment for or acceptance of any Work or any extension of time; or of any possession taken by the Owner, shall not operate as a waiver of any provision of the Contract, or any power therein provided. A waiver of any breach or term of the Contract shall not be deemed to be a waiver of any other or subsequent breach. The Owner reserves the right to correct any error that may be discovered in any estimate that may have been paid, and to adjust the same to meet the requirements of the Contract and Specifications. The Owner reserves the right to claim and recover, by process of law, sums as may be sufficient to correct any error or make good any deficit in the Work resulting from such error, dishonesty, or collusion upon proof of collusion or dishonesty between the Contractor or his agents and the Project Engineer, or Project Manager, or his assistants, discovered in the Work after the final payment has been made. Article 15. DEFAULTS, REMEDIES AND TERMINATION 15.1 NOTICE OF DISPUTES AND OBJECTIONS: If Contractor disputes or objects to any requirement, direction, instruction, interpretation, determination, or decision of Owner, Contractor may notify Owner in writing of its dispute or objection and of the amount of any equitable adjustment to the contract price or contract time to which Contractor claims it will be entitled as a result thereof; provided, however, that Contractor shall, nevertheless, proceed without delay to perform the work as required, directed, instructed, interpreted, determined, or decided by Owner, without regard to such dispute or objection. Unless Contractor so notifies Owner within two business days after receipt of such requirement, direction, instruction, interpretation, determination, or decision, Contractor shall be conclusively deemed to have waived all such disputes or objections and all claims based thereon. 15.1.1 Notice of Intent - The Contractor shall submit a “Notice of Intent to Claim” for any claim, dispute, or protest (“Claim”) of any decision or event arising out of or related to this Contract (other than those for which a specific procedure is set forth elsewhere in these General Conditions) in writing within ten (10) days of the later of the Contractor’s receipt of the Project Engineer, or Project Manager’s written instruction or decision (if applicable), deemed denial, or any other event giving rise to the claim, dispute, or other matter and shall include the basis for the Claim. The Notice of Intent to Claim shall be clearly titled as such, dated as of the actual date of submission, and numbered sequentially, and shall contain at a minimum: a) Project title and number; b) Date of the event giving rise to the claim, dispute, or protest; c) A description of the Claim and the events giving rise to the Claim, including any original request and the Project Engineer, or Project Manager’s decision or denial; and d) The reasons why the Contractor believes additional compensation or time is due or charges were wrongly assessed; e) An accounting or estimate of all additional costs associated with the Claim; f) The Contractor’s plan for mitigating costs or delays associated with the Claim. 15.1.2 Claim - Within twenty (20) days after submitting the Notice of Intent to Claim, the Contractor shall submit to the Project Engineer, or Project Manager, a complete and itemized Claim that includes any claimed increase in Contract Time or Contract Price, or both. The Contractor may request an extension of time to submit the Claim, which extension may be granted by the Project Engineer, or Project Manager, provided that good cause is shown. The Claim must be described in sufficient detail to allow the Owner to evaluate the basis of and costs associated with the Claim. a) A Claim for an increase in Contract Price shall be submitted based on actual costs whenever possible, rather than an estimate or opinion, shall be supported by invoices, time cards, and other business records commonly accepted in the industry, and shall comply with the requirements of these General Conditions concerning changes to the Contract Price. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 113 of 361 55 b) Any Claim for changes to the Contract Time shall include the information required by these General Conditions concerning changes to the Contract Time. The Claim shall be accompanied by copies of all Contract provisions or other documents supporting the Claim and a summary of the legal and factual theories supporting the Claim. A Claim for time extension must be accompanied by a revised Construction Schedule reflecting the effects of the delay on the completion of critical activities and showing actions that the Contractor has taken or proposes to take to minimize the effects of the delay. c) The Claim shall also identify any measures the Owner can take to minimize the Claim. d) The Contractor shall submit with its Claim a notarized certificate, executed under penalties of perjury, that: • The Claim is made in good faith; • All supporting data are accurate and complete to the best of the Contractor’s knowledge and belief; • The amount requested accurately reflects that Contract adjustment for which the Contractor believes the City is liable; and • The prices stated for material and equipment are the lowest reasonably available to the Contractor and include all available discounts. e) If the Contractor is an individual, the certification shall be executed by that individual; if the Contractor is not an individual, the certification shall be executed by an officer or general partner of the Contractor or other person having written authority to sign the Claim. f) The Contractor shall furnish, upon request, all additional information and data that the Owner determines is needed to aid in resolving the Claim through negotiation or is required to complete an evaluation of the Claim. The Contractor shall give the City access to its books, correspondence, records, electronic files and data bases, and any other materials relating to the Claim, shall require its Subcontractors and Suppliers to provide the City with such access, and shall make its Personnel and that of its Subcontractors and Suppliers available to discuss and answer cost, schedule and other questions relating to the Claim. Clear copies of all necessary supporting records shall be provided to the City at no cost. Failure to submit requested information may be a basis for denial of the Claim. 15.2 NEGOTIATION OF DISPUTES: To avoid and settle without litigation any such dispute or objection, Owner and Contractor agree to engage in good faith negotiations. 15.3 DECISION: The Owner shall investigate, review, and evaluate the Claim and make a determination in writing within sixty (60) days of receipt of a completed and fully documented claim, unless special circumstances exist or the Claim is unusually complex, in which case the Contractor will be notified of any longer review period. If no determination is made within sixty (60) days, or by the end of any announced extended period of time, the claim is automatically denied. The Contractor shall proceed diligently with performance of the Contract, pending final resolution of any Claim made under this article. Failure to proceed with the Work shall be grounds for suspension or termination of the Contract. If the Contractor agrees with any determination or resolution by the City, such determination or resolution shall be processed as a Change Order 15.4 WAIVER: Failure to strictly meet any of the requirements of this article in a timely and complete manner shall constitute a waiver by the Contractor of any and all right to adjustments of Contract Time or Contract Price, either by administrative review or by any other action at law or equity. Strict compliance with all provisions of this article shall be a condition precedent to the Contractor’s ability to file any lawsuit in law or equity, or recover any damages, in connection any Claim. 15.5 CONTRACTOR'S REMEDIES: If Owner fails or refuses to satisfy a final demand made by Contractor pursuant to Section 9.3 of this contract, or to otherwise resolve the dispute which is the subject of such demand to the satisfaction of Contractor, within ten days following receipt of such demand, then Contractor shall be entitled to pursue such remedies, not inconsistent with the provisions of this contract, as it may have in law or equity. If the Contractor disagrees with the City’s determination of the Claim, the Parties shall first submit the dispute to non-binding mediation before seeking any remedy in any other forum. The mediator shall be a trained mediator having experience related to municipal construction projects. The Parties shall jointly select the mediator from a list of mediators proposed by the Parties. If the Parties are unable to agree on a mediator, the Parties shall submit three mediator names each and the mediator shall be selected by random drawing at which the Project Engineer, or Project Manager, and the Contractor are present. No discussions or statements of the mediator may be admitted DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 114 of 361 56 as evidence in any subsequent litigation, nor may the mediator be called to testify in any litigation. The cost of the mediator shall be shared equally by the Parties. Mediation in accordance with this section shall be a condition precedent to filing any lawsuit relating to any Claim. 15.6 OWNER'S REMEDIES: If it should appear at any time prior to final payment that Contractor has failed or refused to prosecute, or has delayed in the prosecution of, the work with diligence at a rate that assures completion of the work in full compliance with the requirements of this contract on or before the completion date, or has attempted to assign this contract or Contractor's rights under this contract, either in whole or in part, or has falsely made any representation or warranty in this contract, or has otherwise failed, refused, or delayed to perform or satisfy any other requirement of this contract or has failed to pay its debts as they come due ("Event of Default"), and has failed to cure any such Event of Default within five business days after Contractor's receipt of written notice of such Event of Default, then Owner shall have the right, at its election and without prejudice to any other remedies provided by law or equity, to pursue any one or more of the following remedies: a) Owner may require Contractor, within such reasonable time as may be fixed by Owner, to complete or correct all or any part of the work that is defective, damaged, flawed, unsuitable, nonconforming, or incomplete; to remove from the work site any such work; to accelerate all or any part of the work; and to take any or all other action necessary to bring Contractor and the work into strict compliance with this contract. b) Owner may perform or have performed all work necessary for the accomplishment of the results stated in Paragraph a above and withhold or recover from Contractor all the cost and expense, including attorneys' fees and administrative costs, incurred by Owner in connection therewith. c) Owner may accept the defective, damaged, flawed, unsuitable, nonconforming, incomplete, or dilatory Work or part thereof and make an equitable reduction in the contract price. d) Owner may terminate this contract without liability for further payment of amounts due or to become due under this contract. e) Owner may, without terminating this contract, terminate Contractor's rights under this contract and, for the purpose of completing or correcting the work, evict Contractor and take possession of all equipment, materials, supplies, tools, appliances, plans, specifications, schedules, manuals, drawings, and other papers relating to the work, whether at the work site or elsewhere, and either complete or correct the work with its own forces or contracted forces, all at Contractor's expense. f) Upon any termination of this contract or of Contractor's rights under this contract, and at Owner's option exercised in writing, any or all subcontracts and supplier contracts of Contractor shall be deemed to be assigned to Owner without any further action being required, but Owner shall not thereby assume any obligation for payments due under such subcontracts and supplier contracts for any Work provided or performed prior to such assignment. g) Owner may withhold from any Progress Payment or final payment, whether or not previously approved, or may recover from Contractor, any and all costs, including attorneys' fees and administrative expenses, incurred by Owner as the result of any Event of Default or as a result of actions taken by Owner in response to any Event of Default. h) Owner may recover any damages suffered by Owner. 15.7 OWNER'S SPECIAL REMEDY FOR DELAY: If the work is not completed by Contractor, in full compliance with, and as required by or pursuant to, this contract, within the contract time as such time may be extended by a Change Order, then Owner may invoke its remedies under Section 9.6 of this contract or may, in the exercise of its sole and absolute discretion, permit Contractor to complete the work but charge to Contractor, and deduct from any Progress or Final Payments, whether or not previously approved, administrative expenses and costs for each day completion of the work is delayed beyond the Completion Date, computed on the basis of the "Per Diem Administrative Charge" set forth in Section 4.8, as well as any additional damages caused by such delay. 15.8 ATTORNEY FEES: In the event there is any dispute between the Contractor or the Surety and the Owner, its officers, agents or employees, and the Owner, its officers, agents or employees prevail, the Owner, its officers, agents or employees shall be granted all of its costs, including but not limited to attorney's fees, court costs and expert witness fees. Article 16. INDEPENDENT CONTRACTOR The Contractor shall perform the Services as an independent contractor and shall not be deemed by virtue of this Contract to have entered into any partnership, joint venture, employer/employee or other relationship with the Owner other than as a contracting party and independent contractor. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 115 of 361 57 Article 17. DISPOSAL; HAZARDOUS SUBSTANCES 17.1 REMOVAL AND DISPOSAL OF STRUCTURES AND OBSTRUCTIONS: All structures or obstructions found on the site and shown on the Plans which are not to remain in place or which are not to be used in the new construction shall be removed as directed by the Project Engineer, or Project Manager. Unless specified in the Proposal, this Work will not be paid for separately but will be included in the price Proposal for that portion of the Work requiring the removal of the obstruction. All material found on the site or removed therefrom shall become the property of the Contractor unless otherwise indicated. Materials determined by the Project Engineer, or Project Manager, to be unsuitable for backfill shall be disposed of off the site at the Contractor's expense. 17.2 CLEANING UP AND RESTORATIONS: The Contractor shall clean up and lawfully dispose of all refuse or scrap materials so the site presents a neat, orderly, and workmanlike appearance at all times. The Contractor shall follow all direction from the Project Engineer, or Project Manager, as to the appearance of the site at all times. The Contractor shall remove all mud or other materials tracked or otherwise deposited on any roadway daily or as directed by the Project Engineer, or Project Manager. Upon completion of the Work, and before Final Inspection, the Contractor shall remove from the construction site and any occupied adjoining property all plants, buildings, refuse, unused materials, forming lumber, sanitary facilities, and any other materials and equipment that belong to the Contractor or any Subcontractors. The Contractor shall clean and replace any broken or scratched windows, clean and repair all surfaces, and clean and adjust all units of equipment that are part of the Work. Final Payment will not be made until all cleanup is done to the Project Engineer, or Project Manager’s, satisfaction. At the Contractor’s cost, the Owner may clean up and restore the construction site satisfactorily when the Contractor fails to do so within two (2) days of the Project Engineer, or Project Manager’s, direction. The Owner may deduct any such cost from any payment due the Contract or may recover such costs from the Contractor or the Surety. 17.3 REMOVAL OF CONDEMNED MATERIALS AND WORK: The Contractor shall remove from the site of work without delay all rejected and condemned materials and work. Upon failure of the Contractor to remove and properly dispose of the rejected material or work immediately after receiving formal notice to do so, the Engineer may have such material or work removed and charge the cost of same to the Contractor. 17.4 PEST & VECTOR CONTROL: The Contractor will be responsible for pest control and vector control at the Work site until Substantial Completion. All pest and vector control activities shall be conducted in compliance with applicable laws, including ordinances, statutes and regulations governing the handling, storage and application of pesticides or other hazardous materials and substances. 17.5 HAZARDOUS SUBSTANCES: “Hazardous Substances” include any substance identified as a hazardous substance pursuant to any federal, state or local law or regulation regulating substances by reason of threats posed to public health and safety, including the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the Emergency Planning and Community Right-to-Know Act of 1986, the Hazardous Substances Transportation Act, the Solid Waste Disposal Act, the Clean Water Act, the Clean Air Act, the Toxic Substances Control Act, the Safe Drinking Water Act, the Occupational Safety and Health Act, and the Asbestos Hazard Emergency Response Act, all as amended. 17.6 EXISTING FACILITIES – HAZARDOUS SUBSTANCES MAY EXIST: Contractor acknowledges that most existing structures owned or operated by Owner may contain asbestos-containing materials, and the Site may also contain other Hazardous Substances. 17.7 NO INTRODUCTION OF HAZARDOUS SUBSTANCES: Contractor, its contractors, its Subcontractors, its Sub- subcontractors, its Suppliers, and their respective agents, representatives and employees shall not introduce or cause the introduction of Hazardous Substances to the Project. Except as provided below as to Ordinary Course Materials, in the event that Contractor, its contractors, its Subcontractors, its Suppliers, or their respective agents, representatives and employees introduce or cause the introduction of Hazardous Substances to the Project, Contractor shall pay for removal of all such substances and shall indemnify Owner and its successors as owners of the Property for all liability resulting from the introduction of such Hazardous Substances to the Project. 17.8 SUSPECTED HAZARDOUS SUBSTANCES: Contractor acknowledges that other Hazardous Substances may exist in building materials, soils, or equipment used on the Site. Contractor shall not be primarily responsible to identify Hazardous Substances existing on the Site; provided that Contractor shall be responsible to comply with all recommendations and requirements of environmental consultants furnished to Contractor in writing. Except as provided above and except for Ordinary Course Materials, if Contractor encounters what Contractor reasonably believes may be Hazardous Substances, Contractor shall immediately stop Work in the area affected and immediately report the condition to Project Engineer, or Project Manager, and Owner in writing. If, in fact, the DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 116 of 361 58 materials are Hazardous Substances, the Work in the affected area shall not thereafter be resumed, except by written agreement of Owner and Contractor, until the Hazardous Substances have been removed or rendered safe by Owner in accordance with all applicable laws at Owner’s expense, and Owner has provided reasonable evidence thereof to Contractor. The Work in the affected area shall be resumed in the absence of Hazardous Substances, when any Hazardous Substances have been rendered harmless, or when the conditions in the preceding sentence have been satisfied. Unless such materials were introduced to the Project by Contractor, Subcontractors, Sub- subcontractors, Suppliers, or their respective agents, representatives and employees, Owner shall be responsible for all reasonable costs related to any testing, removal, encapsulation, or remediation of any such substances or materials, and any additional cost of the Work arising out of any delay in the Work caused thereby. Except as to such materials introduced to the Project by Contractor, Subcontractors, Sub- subcontractors, Suppliers, or their respective agents, representatives and employees, any delays arising out of such testing, removal, encapsulation, or remediation shall be an Owner Delay, but only to the extent that the same causes actual delay in the Work that satisfies all the requirements necessary to be an Owner Delay under Section 3.4.1; provided, however, that if the Agreement is a GMGC Agreement, any increases in the Cost of Work (and any associated Construction Fee and General Conditions fee, if applicable) in connection with any such Owner Delay shall be charged to the Contingency, and an increase in the Guaranteed Maximum Price shall be allowed, if at all, only to the extent that such amounts exceed the balance of the Contingency. 17.9 ORDINARY COURSE MATERIALS: Nothing contained herein shall be deemed to preclude Contractor from using and bringing onto the Property materials and substances (which are otherwise Hazardous Substances) used in the ordinary course of commercial construction in quantities typically and safely used for such purposes (“Ordinary Course Materials”). Contractor shall use all Ordinary Course Materials in accordance with all Current Laws and shall make sure that none of the Ordinary Course Materials are released or otherwise permitted to contaminate the Property or render the Property contaminated. Contractor shall defend and indemnify Owner against any claim, cost, loss, or damage resulting from the use of the Ordinary Course Materials in connection with the Project or resulting from the introduction of Hazardous Substances onto the Property in a manner not specifically permitted hereby. In the event Contractor recognizes any improper handling or storage of Hazardous Substances on the Site, including Ordinary Course Materials, or observes circumstances which contractor actually knows may result in the release or discharge of Hazardous Substances, whether or not by someone for whose acts Contractor is responsible, Contractor shall immediately notify Owner thereof. Article 18. ROYALTIES AND PATENTS 18.1 PATENTS AND COPYRIGHTS: The Contractor’s Proposal price shall be considered to include a sufficient sum to cover all fees, royalties and claims for any material, artist rights, process, patent rights, machine, appliance, copyright, trademark, or any arrangement that may be used upon or in any manner connected with or appurtenant to the Work. The Contractor shall provide a suitable legal agreement giving the Contractor the right to use any design, device, material, or process covered by letters patent or copyright, in the construction of the Project when the use has not been specified or required by the Drawings and Specifications. The Contractor shall file a copy of this agreement with the Owner, if requested. The Contractor and the Surety shall indemnify, defend and save harmless the Owner from all claims for infringements on patented design, devices, material, process or any trademark or copyright during the prosecution or after the completion of the Project. If any design, device, material, process or product of a particular manufacturer covered by letters patent or copyright is specified for use by the Drawings and Specifications, the Owner is responsible for any claims for infringement by reason of the use of such design, device, material, process or product of a particular manufacturer; but the Contractor shall pay any royalties or license fees required. No reports, graphics or other material produced specifically for the Owner under this Contract shall be the subject of an application for copyright or trademark by or on behalf of Contractor. Article 19. DRAWINGS, DETAIL AND INSTRUCTIONS 19.1 DRAWINGS AND SPECIFICATIONS: This Section 2.2 shall be included in all subcontracts hereunder at all times. (a) In the Drawings and Specifications, the Owner intends that the Contractor furnish all superintendence, labor, materials, tools, equipment, supplies, machinery and transportation necessary for the proper execution of the Work unless specifically noted otherwise. The Contractor shall do all the Work shown on the Drawings and described in the Specifications and all incidental Work reasonably necessary to complete the Project in a substantial and acceptable manner, and to complete fully the Work, ready for use, by the Owner. The Contractor shall complete all Work according to the Specifications and Drawings. (b) The Contract Documents are intended to be complementary, and Work called for on any Drawing and DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 117 of 361 59 not mentioned in the Specifications, or Work described in the Specifications and not shown on any Drawing, is included under the Contract as if set forth in both the Specifications and Drawings. (c) Material and workmanship specified by the number, symbol, or title of a referenced standard shall comply with the latest edition or revision thereof and any amendments or supplements thereto in effect on the date the Proposal is received except where a particular issue or edition of a publication is indicated. In case of a conflict between the Drawings, Specifications and the referenced standard, the more stringent shall govern, as determined by the Project Engineer, or Project Manager. (d) If labor, materials or equipment, although not described by the Drawings or Specifications, is required to successfully complete the Work and can reasonably be inferred by competent contractors by virtue of common knowledge or customary practice in the construction industry from the Contract Documents as being necessary to produce the intended result, the Contractor shall perform that work or provide the materials or equipment as if they were specified. (e) Contractor shall carefully study the Contract Documents and, if Contractor identifies any discrepancies found between the Drawings and Specifications and site conditions and any adjacent work on which the Work is dependent and any errors or omissions in the Drawings or Specifications, shall promptly notify the Project Engineer, or Project Manager, of such discrepancies, errors, or omissions in writing, and any necessary changes shall be accomplished by issuance of an appropriate Change Order or Field Order. Any Work done by the Contractor after discovery of such discrepancies, errors or omissions prior to the issuance of a Change Order or Field Order is done at the Contractor's risk. In all cases, the Project Engineer, or Project Manager, shall decide the intent of the Drawings and Specifications. In the event such discrepancies exist and the Project Engineer, or Project Manager, is not so notified, the Project Engineer, or Project Manager, shall reserve the right to exercise sole arbitration authority. It is mutually agreed that all authorized alterations affecting the requirements and information given on the Approved Plans shall be in writing and approved by the Project Engineer, or Project Manager. (f) If the Contractor or any of its Subcontractors or Suppliers, knows or reasonably should know by virtue of common knowledge or customary practice in the construction industry that any of the Contract Documents are at variance with applicable laws, statutes, ordinances, building codes, or rules or regulations, in any respect, the Contractor shall promptly notify the Project Engineer, or Project Manager, in writing, and any necessary changes shall be accomplished by issuance of an appropriate Change Order or Field Order. The Contractor shall assume full responsibility for, and shall bear all costs attributable to work performed by the Contractor or any Subcontractor prior to the issuance of a Change Order or Field Order when any of them know or reasonably should know that it is contrary to such laws, statutes, ordinances, building codes, rules or regulations. (g) The Contractor, before commencing work, shall verify all governing dimensions, and shall examine, to the extent reasonable, all adjoining work on which its Work is in any way dependent. No disclaimer of responsibility for defective or non-conforming adjoining work will be considered unless written notice of the same has been filed by the Contractor and agreed to in writing by the Project Engineer, or Project Manager, before the Contractor begins any part of the affected Work. (h) The Contractor shall perform no portion of the Work at any time without Contract Documents or, where required, approved Drawings, Specifications, instructions, Shop Drawings, product data, or samples for such portion of the Work. 19.2 COPIES OF DRAWINGS AND SPECIFICATIONS FURNISHED: The Project Engineer, or Project Manager, will furnish to the Contractor copies of Drawings and Specifications of the Work at reproduction costs (including labor) or electronic copies of Drawings and Specifications in electronic form at no charge. 19.3 UTILITIES: Delays relating to relocation of utilities should be anticipated for Work on or involving City rights- of-way. It is the Contractor’s responsibility to verify all locations of existing structures and utilities shown on the Drawings and to ascertain whether any other structures and utilities exist. The Drawings show available information on the location of existing underground, surface and overhead structures and utilities. However, the Owner does not guarantee the results of the investigations are accurate or complete. 19.4 REQUESTS FOR CLARIFICATION AND INFORMATION: The Contractor shall submit any requests for information or clarification of Drawings and Specifications to the Project Engineer, or Project Manager, or to the person who has been designated by the Project Engineer, or Project Manager, to receive such requests. When the City responds to such requests for information or clarification, it will issue a response which can consist of a written explanation with or without drawings or other information in the City’s sole discretion. Such requests and responses to such requests shall neither authorize nor constitute changes in the Contract Time or Contract Price. If the Contractor believes that the response to any request for information or clarification requires a change in Contract Time or Contract Price, it shall submit a Contractor Change Request in accordance with the Contract Documents. The Contractor shall review and attempt to answer requests for information or clarification from its Subcontractors and Suppliers. Such requests shall be encompassed within the Contractor’s request for information or clarification DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 118 of 361 60 by the Contractor to the Project Engineer, or Project Manager, if the Contractor is unable to answer such requests. 19.5 DIMENSIONS: Figured dimensions shall govern over scaled dimensions. 19.6 SHOP DRAWINGS (a) The Plans will be supplemented by Shop Drawings as necessary to adequately control the Work or as specified. Shop Drawings are not part of the Contract documents. Shop Drawings may consist of drawings, diagrams, illustrations, schedules, calculations, and other data prepared by the Contractor, Subcontractor, manufacturer, supplier, or distributor, which will illustrate how specific portions of the Work shall be fabricated and/or installed in accordance with the Plan details and Specifications. The Contractor shall provide Shop Drawings, settings, schedules, and such other Drawings as may be necessary for the prosecution of the Work in the shop and in the field as required by the Drawings, Specifications or Project Engineer, or Project Manager’s instructions. (b) Any Work done prior to the Owner's approval of Shop Drawings will be at the Contractor's risk. (c) The Project Engineer, or Project Manager, may request additional details and require the Contractor to make changes in the design which are necessary to conform to the provisions and intent of these Specifications without additional cost to the Owner. (d) The Contractor shall submit for approval three (3) hard copies and one electronic copy of all Shop Drawings and descriptive data as applicable showing all features not fully detailed on the Specifications but essential for a completely coordinated installation. After checking, one set will be returned to the Contractor. The Contractor will correct errors in Shop Drawings as directed by the Owner. (e) The Owner’s approval of Shop Drawings indicates only that the type and kind of equipment and general method of construction or detailing are satisfactory and in general compliance with the Contract Documents and design concept of the Project. The Contractor has the responsibility for incorporating into the Work satisfactory materials and equipment meeting the requirements of the Contract Documents, the proper dimensions, and the detailing of connections. Approval of the Shop Drawings by the Project Engineer, or Project Manager, shall not be construed as a complete check and verification, but will indicate that general conformance with the design concept and general compliance with the information given in the Contract has been achieved. Anyinformation or action to be taken as set forth in the Shop Drawings is subject to the requirements of the Plans and Specifications. The Project Engineer, or Project Manager, shall be notified in writing of any information in the Shop Drawings that deviates from the requirements of the Contract documents. Appropriate action will then be taken by the Project Engineer, or Project Manager. (f) The Contractor may not construe such approval as a complete check and approval does not indicate the waiver of any Contract requirement. Changes in the Work are authorized only by separate written Change Order. (g) Shop Drawings being returned will be stamped to indicate the following: • Shop Drawings approved for use in construction will have one of the following statements checked: Approved, No Exception Taken, or Approved as Noted. • Shop Drawings to be corrected or redrawn and resubmitted for approval will have one of the following statements checked: Revise as Noted, Resubmit; orRejected. (h) If Shop Drawings are returned for correction, corrections shall be made and the corrected drawings shall be resubmitted by the Contractor in the same manner as the first submittal. (i) The time required for approval of each submittal will not exceed four (4) weeks after Shop Drawings are received by the Project Engineer, or Project Manager. (j) It is the intent of these Specifications that no more than two submittals will be required. If, however, additional submittals are required by actions of the Contractor, the additional time for Shop Drawing approval will be borne by the Contractor. If additional submittals are required, or if Shop Drawing approval is delayed by actions of the Project Engineer, or Project Manager, and if the Contractor's controlling operations are delayed or interfered with by reason of the delay in Shop Drawing reviews, an extension of time commensurate with the delay in completion of the Work thus caused will be granted as provided in Subsection 6.7, Determination and Extension of Contract Time for completion (k) All Shop Drawings shall be 36 inches long and 22 inches wide overall. There shall be a two inch margin on the left side of the sheet and one-half inch margin on the other three sides. A blank space, six inches by three inches, shall be left near the lower right-hand corner for an approval stamp. (l) Where design notes or catalogue cuts are required, they may be submitted on 8-1/2 in. x 11 in. sheets in lieu of the size mentioned above. (m) There shall be a title block in the lower right-hand corner of each sheet. The title block shall show the Owner's name, structure number, the location of the structure, and the contents of the sheet. (n) The Contract price will include the cost of furnishing all Shop Drawings. Shop drawings and working drawings submitted to the Project Engineer, or Project Manager, by the Contractor, Subcontractor or DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 119 of 361 61 any lower tier Subcontractor pursuant to the Work, may be duplicated by the Owner and the Owner may use and disclose, in any manner and for any purpose such Shop Drawings and Working Drawings delivered under this Contract. 19.7 RECORD DOCUMENTS: (a) The Contractor shall keep one complete set of all current Drawings and Specifications at the work site and available to the Owner and its representatives at all times. The Contractor shall also keep a set of “shop” drawings on-site that contain all changes or deviations from the original drawings neatly marked thereon in brightly contrasting color. This shall be a separate set of drawings, not used for construction purposes, which shall be kept up to date as the job progresses and shall be made available for inspection by the Project Engineer, or Project Manager, at all times. Upon completion of the Contract, this set of drawings shall be delivered to the Project Engineer, or Project Manager. (b) The Contractor shall keep one record copy of all Amendments, Change Orders, Drawings, Field Orders, Shop Drawings and Specifications in good order. (c) The Contractor shall record any changes made during construction and any discrepancies between the Contract Documents and Work actually performed on the record copies (however minor or seemingly insignificant). The Contractor shall make a set of “Record Drawings” by marking this set of prints with all changes from the original Drawings as Proposal, including all Change Orders, alignment changes, depth changes of underground pipes and utilities, utility locations, and all other items that are not the same as originally drawn. The Contractor shall keep the Record Drawings up to date as the Project progresses. The Project Engineer, or Project Manager, may require, as a condition of the approval of any progress payment, periodic inspection of the Record Drawings. The Contractor will deliver the Record Drawings to the Project Engineer, or Project Manager, upon completion of the Project before Final Payment. (d) All Contract Documents are the property of the Owner and shall not be used by the Contractor for any purpose other than the Work to be performed under the Contract. At Final Acceptance, all Shop Drawings and Record Drawings, including all material in electronic format shall become the property of the Owner. The Contractor will be permitted to maintain a copy of the Drawings, Specifications and Shop Drawings as necessary to maintain a Contract record file. (e) The Contractor shall prepare and keep current a schedule of submittals that shall note all required submittals, submittal dates, required approval dates, and all required delivery dates. 19.8 OPERATING MANUALS AND PARTS LISTS: The Contractor shall submit four (4) complete operating manuals and parts lists to the Project Engineer, or Project Manager, for all items of mechanical and electrical equipment incorporated into the Work. 19.9 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS: Finished surfaces shall conform with lines, grades, cross sections and dimensions shown on the Approved Plans. Any deviation from the Plans and working drawings, as may be required by the demands of construction, will in all cases be determined by the Project Engineer, or Project Manager, and authorized in writing. 19.10 COORDINATION OF SPECIFICATIONS, PLANS AND SPECIAL PROVISIONS: The Specifications, the Plans, Special Provisions, and all supplementary Plans and documents are essential parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative to describe and provide for a complete Work. In case of discrepancy, figured dimensions, unless obviously incorrect, shall govern over scaled dimensions. Plans shall govern over Specifications and Special Provisions shall govern over both Plans and Specifications. The Contractor shall not use to his advantage any apparent error or omission in the Plans or Specifications. In the event the Contractor discovers any apparent error or discrepancy, he shall immediately call upon the Project Engineer, or Project Manager, for his interpretation and decision and such decision shall be final. In the event contradiction and/or conflicts occur in the Specifications not otherwise covered by Special Provisions, the Specifications deemed by the Project Engineer, or Project Manager, to be most restrictive shall govern. 19.11 OWNERSHIP OF WORK PRODUCT: Contractor acknowledges that the Work Product and the copyright interest therein are owned by Owner. Contractor shall not be entitled to use the Work Product in connection with any construction other than the Project, and upon the completion of the Work or the termination of the Contract, Contractor shall return to Architect, at its request, all copies of the Work Product except one (1) signed record set of Construction Documents. Any technical models and/or computer files shall be the property of the Owner. Article 20. RIGHT-OF-WAY 20.1 ACQUISITION OF RIGHT-OF-WAY: Before issuance of Notice to Proceed, the Owner shall obtain all land and right-of-way necessary for carrying out and completion of the Work to be performed pursuant to the Contract, unless otherwise mutually agreed. The Owner shall provide to the Contractor information that delineates and describes the lands owned and rights-of-way acquired, when necessary. The Contractor shall confine its operations within the areas designated by the Project Engineer, or Project Manager. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 120 of 361 62 20.2 ACCESS TO RIGHT-OF-WAY: The Owner will make best efforts to provide right of access to all places necessary for the performance of the Work in a timely manner. The Owner will not be liable to Contractor for any delay in providing access for reasons outside the Owner’s control. Nothing contained in the Contract shall give the Contractor exclusive occupancy of the area provided by the Owner. The Owner, other contractors of the Owner and utility companies may enter upon or occupy portions of the land furnished by the Owner for any purpose, but without unreasonably interfering with the completion of the Project. Joint occupancy or use of the territory shall not be the basis of any claim for delay or damages. If any part of the Project requires Work within the right-of-way of a roadway under the jurisdiction of the Colorado Department of Transportation (CDOT) the Contractor shall obtain the necessary permits from CDOT to perform such Work. The Contractor shall conform to all the requirements and restrictions indicated on the permit. The Contractor shall restore the area to its original condition, including reseeding if necessary, at the completion of the Project. The Contractor’s equipment shall not be stored on any traveled highway. 20.3 RIGHTS-OF-WAY: The Owner shall furnish all lands and rights-of-way required for completion of this Contract. In acquiring rights-of-way, the Owner will proceed as expeditiously as possible, but in the event all rights- of-way or easements are not acquired prior to the beginning of construction, the Contractor shall begin Work on such lands and rights-of-way as have been acquired. No claim for damage will be allowed or shall be made by reason of the Owner's delay in obtaining lands, easements or rights-of-way. In the event of litigation or other delays in acquiring rights-of-way, the time allowed herein for completion will be extended to compensate for the time actually lost by such delay. Article 21. SUBMITTALS 21.1 SCHEDULE OF SUBMITTALS: Within thirty (30) days after the date of this Contract, Contractor and Engineer shall jointly prepare a schedule for submittals of shop drawings, samples, schedules and other submittals to be made by the Contractor, the review thereof by Engineer, and responses and resubmittals by Contractor based on the Engineer’s review. Contractor shall incorporate such schedule into the Project Schedule. 21.2 SCOPE OF ENGINEER’S REVIEW: Engineer shall review Contractor’s submittals of shop drawings, samples, schedules and other documents related to items to be incorporated in the Work for aesthetic effect. Contractor shall be responsible to ensure that such submittals conform to the Contract Documents, and the approval of such submittals by Engineer shall not relieve the Contractor from responsibility for any deviation of such submittals from the Contract Documents unless the Contractor gives the Engineer specific written notice of such deviation together with such submittal, nor shall it relieve the Contractor from responsibility for errors and omissions contained in such submittals. 21.3 REVIEW PROCESS: The review of Contractor’s submittals shall be conducted in accordance with the provisions of the specifications contained in the Construction Documents. Such specifications will be based on the Standards Article 22. NOTICES Notices required in this Contract shall be deemed to have been delivered five (5) business days after actual date of Notice of Award after having been placed in the U.S. mails, sent by certified mail, return receipt requested, addressed as set forth in the Contract Award page hereof, or to such other addresses as the parties may mutually designate in writing. All such notices shall be delivered to the parties at the addresses provided in the Agreement or at such other address as Contractor, Owner or Architect may determine for itself by notice given to the other parties. Each notice shall be deemed effective when actually delivered to the address for the party or delivery at such address is tendered and refused or, if the party has multiple addresses, when either actually delivered to, or delivery is tendered and refused at, each of the addresses for the party. Notwithstanding anything to the contrary herein, meeting notes and minutes prepared by Contractor shall not constitute notice of any fact regarding which notice is permitted or required to be given under the Contract, regardless of how such notes and minutes are delivered. Article 23. OWNER’S GENERAL RESPONSIBILITIES 23.1 OWNER PERFORMANCE: The Owner will furnish the data, perform acts, and make payments as required by the Contract Documents. The Owner shall not supervise, direct, or have authority or control over, nor be responsible for, the Contractor’s means, methods, techniques, sequences, or procedures of construction or safety precautions, or any failure of the Contractor to comply with any laws or regulations applicable to the Work. The Owner will not be responsible for the Contractor’s failure to perform or furnish the Work in accordance with the Contract Documents. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 121 of 361 63 The Owner’s promise to pay for the Work that the Contractor promises to perform is limited by the Owner’s Charter and its ordinances. A payment obligation of the Owner under this Contract, whether direct or contingent, shall extend only to funds appropriated by the Owner Council for the purpose of the Contract, encumbered for the purpose of the Contract and paid into the Owner or otherwise lawfully made available by the Owner. Unless authorized by law, (i) the Owner does not by this Contract irrevocably pledge present cash reserves for payments in future fiscal years, and (ii) this Contract is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the Owner. Other limitations are found in the law that the Contractor is presumed to know. Three such limitations on payment are listed below: a) Under no circumstances will the Owner be liable for any extra Work that has not been authorized by a properly executed Change Order or Field Order. b) No Change Order, Field Order, or other form of directive to the Contractor shall be issued, and no such order or directive shall be binding if issued, if: (i) it would directly cause the aggregate amount payable under the Contract to exceed the amount appropriated or otherwise lawfully made available for the Contract, or (ii) it would require the Contractor to perform additional compensable work which would cause the aggregate amount payable to exceed such appropriated or provided amount. c) It shall be the Contractor’s responsibility to verify that the amounts already appropriated or otherwise made available for the Contract are sufficient to cover the entire costs of the Work. Any work undertaken or performed in excess of the amount appropriated or otherwise made available is undertaken or performed in violation of the terms of the Contract, without the proper authorization, and at the Contractor’s own risk. Any limitations on the sources of funding for payments made under the Contract are stated in the Contract Documents. 23.2 PROJECT ENGINEER, OR PROJECT MANAGER: The Project Engineer, or Project Manager, is designated by the Owner to exercise all authority on its behalf under the Contract and to see that the Project is completed according to the Contract Documents. The Project Engineer, or Project Manager, may be changed by written notice to the Contractor. The Project Engineer, or Project Manager, may assume exclusive control of the performance of the Contractor in the case of non-performance or if there is an imminent threat to life or safety of persons or property. The Project Engineer, or Project Manager, will furnish all explanations, directions, stakes or markers, and inspections necessary to carry out and complete the Project. No inspection, explanation or direction by the Project Engineer, or Project Manager, shall be deemed authority for Contractor to deviate from the requirement that the Work be performed in accord with the Contract Documents. 23.3 RIGHT TO BAR PERSONS FROM THE WORK OR SITE: The Owner reserves the right to bar any person, including employees of the Contractor and Subcontractors, from the Work site by order of the Project Engineer, or Project Manager. This shall not be treated as a request for the employee’s termination but a request that the employee not be assigned to work on the Owner Work site. No increase in contract time or price is authorized as a result of the Owner’s exercise of this section. 23.4 ACCESS TO WORK: The Owner, its representatives, and participating federal or state agencies and other public authorities having jurisdiction established by law shall have access to the Project and Work site at any time for any purposes, including without limitation inspection, sampling, and testing. The Contractor shall provide proper facilities for access to the Project. Access means wherever and whenever the Work is in manufacture, preparation or progress and includes access to payrolls, records of personnel not protected from disclosure by law, invoices of materials, terms and conditions of sale of materials and equipment to be incorporated in the Project, files, records, books, correspondence, instructions, Drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and any other relevant data and records relating to the Contract. The Owner may, at reasonable times, inspect the part of the plant, place of business or worksite of the Contractor or Subcontractor at any tier that is pertinent to the performance of the Contract. 23.5 INSPECTION: The Owner shall appoint Inspectors to inspect the Project. Inspection may extend to all or any part of the Work. Inspectors are not authorized to alter any Contract Documents or to delay the fulfillment of the Contract by failure to inspect materials and Work with reasonable promptness. Inspectors are not authorized to act as foreman for the Contractor. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 122 of 361 64 Article 24. CONCEALED CONDITIONS 24.1 DISCOVERY OF CONCEALED PHYSICAL CONDITIONS: In the event Contractor encounters subsurface or otherwise concealed physical conditions that differ materially from those conditions reasonably inferable from observations of the exposed surfaces of the Site and reports, surveys, assessments, record drawings and other information furnished by Owner or obtained by Contractor, Contractor shall provide Engineer and Owner notice thereof within two (2) business days after first discovering the same and shall suspend those portions of the Work that conflict with such conditions until receipt of further directions from Owner. 24.2 INSPECTION AND DRAWING UPDATE: Contractor and Owner shall inspect and evaluate such conditions, and Owner shall cause the Project Engineer, or Project Manager, if necessary, to prepare appropriate supplemental drawings or instructions to address or accommodate the conditions discovered. 24.3 DELAYS: Delay resulting from the suspension of Work pending the investigation of unforeseen concealed conditions shall be an Owner Delay, but only to the extent that the same causes actual delay in the critical path to complete the Work that satisfies all the requirements necessary to be an Owner Delay under Section 3.4.1 and all the requirements of Section 15.1.5 below. 24.4 CHANGE ORDER: If the actions necessary to address such conditions of the Site increase the Cost of Work or adversely impact the critical path to completion of the Work, Contractor may request that an Agreed Change or Change Directive be issued for changes in the Work reflected in the supplemental drawings or instructions prepared to address such conditions, subject to the provisions of Section 15.1.5 below. 24.5 COSTS 24.5.1 Reasonable Inference - Notwithstanding anything to the contrary provided herein, Contractor shall not be entitled to any increase in the Contract Sum or extension of the Milestone Schedule, nor shall any Owner Delay be deemed to have occurred,on account of any condition of the Site that was indicated in or reasonably inferable from (i) observations of the exposed surfaces of the Site and reports, surveys, assessments, record drawings and other information furnished by Owner or obtained by Contractor, (ii) a thorough inspection of the Site prior to the commencement of the Work (regardless of whether such thorough inspection was actually conducted), or (iii) other information and documents furnished to Contractor by Owner or others. 24.5.2 GMGC Agreement - If the Agreement is a GMGC Agreement, increases in the Cost of Work (and any associated Construction Fee and General Conditions fee, if applicable) in connection with any Agreed Change or Change Directive under Section 15.1.4 shall be charged to the Contingency, and an increase in the Guaranteed Maximum Price shall be allowed, if at all, only to the extent that such costs exceed the balance of the Contingency. 24.5.3 Disputes - Any dispute as to whether Contractor is entitled to receive an increase in the Contract Sum or extension of the Milestone Schedule on account of concealed conditions ofthe Site shall be a Dispute and shall, at the request of either Contractor or Owner, be submitted to Dispute Resolution. Article 25. WAIVER 25.1 WAIVER: The waiver of any breach of a term, provision or requirement of this Contract, including the failure to insist on strict compliance or to enforce any right or remedy, shall not be construed or deemed as a waiver of: any subsequent breach of such term, provision or requirement or of any other term, provision or requirement; any right to insist on strict compliance with any term, provision or requirement; or any right to enforce any right or remedy with respect to that breach or any other prior, contemporaneous, or subsequent breach. 25.2 NO WAIVER: No inspection by the Project Engineer, or Project Manager, any other person acting on the Owner's behalf, nor any order, measurement, estimate or certificate by the Architect, nor any order by the Owner for the payment of money, nor any payment for or acceptance of any Work, nor any extension of time, nor any possession taken by the Owner, shall operate as a waiver of any right of Owner arising out of or related to the Contract. No waiver of any breach of the Contract shall be construed as a waiver of any other or subsequent breach thereof. Article 26. OTHER CONDITIONS 26.1 BINDING CONTRACT: The Contractor binds itself, its partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, assigns and legal representatives of such other DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 123 of 361 65 party with respect to all covenants of this Contract. The Contractor shall not transfer, assign, or subcontract any interest in this Contract. 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. 26.2 LEGISLATIVE OR JUDICIAL DECISIONS: If any provision of this Contract is subsequently declared by legislative or judicial authority to be unlawful, unenforceable, or not in accordance with applicable laws, statutes, and regulations of the United States of America and the State of Colorado, all other provisions of this Contract shall remain in full force and effect. 26.3 SUPERSEDING: This Contract represents the entire and integrated Agreement between the Owner and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both Owner and Contractor. 26.4 PROFESSIONAL STANDARDS: Services and Work performed by Contractor under this Contract shall conform to reasonable and normal professional standards and the Contractor shall conduct himself at all times in a manner consistent with industry standards. 26.5 NOTIFICATION IN WRITING: No assignment of any claim or proceeds under this Contract shall be binding upon the Owner unless it shall be first notified thereof in writing. 26.6 HEADINGS FOR REFERENCE ONLY: The headings of the article, clauses, and paragraphs of this Contract are inserted for reference purposes only and are not restrictive as to content. 26.7 ONE INSTRUMENT: This Contract and any subsequent amendment shall be deemed an original having identical legal effect, and all of which together constitute one and the same instrument. 26.8 THIRD PARTY CLAIMS: Nothing contained herein shall be deemed to give any third party any claim or right of action against the Owner which does not otherwise exist without regard to this Contract. 26.9 CALENDAR DAYS: Wherever a number of days is specified in this Contract it shall mean calendar days unless otherwise specified. 26.10 WRITTEN CONSENT: This Contract shall not be assigned, in whole or in part, without the written consent of the Owner and Contractor. 26.11 REALLOCATION OF RESOURCES: When a delay on any aspect of the Work occurs, the Contractor, to the maximum extent possible, shall utilize his resources elsewhere on the project. If the Contractor, after complying the maximum extent possible by the reassignment of his labor force, equipment and materials, alleges to have suffered damages due to delay, and the delay is caused in whole or in part by acts or omissions within the control of the Owner or persons acting on its behalf, then such a claim shall be treated as a change order request and shall be processed in accordance with the change order, audit and inspection requirements specified in the General Provisions or it shall be deemed forever waived. Nothing herein contained shall be interpreted so as to allow the Contractor to recover delay damages from the Owner for delays caused by acts of God, the acts or omissions of the Contractor, its subcontractors, employees or agents, or persons over which the Owner has no control. 26.12 DISCLOSURE OF CONFIDENTIAL INFORMATION: The Owner is a municipality organized within the State of Colorado, and as such is subject to the Colorado Open Records Act, C.R.S. 24-72-201 et. seq (CORA). All Contract Documents, and any documents or reports produced pursuant to this Contract, may be subject to public disclosure. In the event that a party to this Contract receives an Open Records request, they shall notify the other party to this Contract. Contractor may act to protect and defend any of Contractor’s information disclosed to the City and labeled with a recognized privilege against disclosure. 26.13 AUDIT 27.1.1 Records and Reports - The Contractor shall keep and maintain and shall cause its Subcontractors, Suppliers and outside consultants to keep and maintain books, records, accounts and other documents (“records”) that are sufficient to accurately and completely reflect all costs incurred pursuant to the Contract that may be the basis of a Contractor Change Request or a claim by the Contractor. Such records may include the Proposal estimate, receipts, memoranda, vouchers, and accounts of every kind and nature pertaining to the performance of the Work including but not limited to job cost ledgers, invoices from and payments to Subcontractors, Suppliers and materialmen, and records of home and field office overhead, as well as complete summaries and reports setting forth all reimbursable man hours expended and payroll records. All such records shall be maintained for a period of three (3) years from the date of Final Payment under the Contract in which the Work is completed. All Subcontractors shall keep and preserve such records DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 124 of 361 66 accounts for a period of three (3) years from the date of Final Payment under the subcontract. 27.1.2 Access - The Contractor shall permit the Owner and the its auditors to have access to such records and any information or areas as provided in these General Conditions for the purpose of making such financial audits, or verifications as the Owner deems necessary or appropriate concerning the Contractor’s performance under the Contract. Access will be provided at the Contractor’s regular place of business in Colorado at reasonable times and upon reasonable notice. 26.14 FEDERAL AID PROVISIONS: When the United States of America, acting through any of its duly constituted departments or agencies, provides funds to pay for any portion of the costs of Work performed under the Contract, the provisions of the Constitution, Laws of the United States and the rules and regulations promulgated by the department or agency thereof, pertaining to the utilization of such funds, shall be incorporated by reference as a part of the terms and conditions of the Contract and shall be observed by the Contractor. When the United States of America is involved as a result of providing funds to support the Work of the Contract, it may assign observers or inspectors as it deems necessary to ensure that purposes for which the funds were provided are achieved. However, such activity by the United States does not make it a party to the Contract and shall not interfere with the rights of either the Owner or the Contractor. 26.15 DUTIES & REMEDIES: The duties and obligations imposed by, and rights and remedies available under, the Contract Documents shall be in addition to, and shall not be in any way construed to be a limitation of, any duties, obligations, rights, and remedies imposed by or available by law or contract. 26.16 SURVIVAL: All representations, warranties, and guarantees made in the Contract Documents shall survive Final Payment, Final Acceptance, and termination of the Contract for any reason. 26.17 GOVERNMENT IMMUNITY: The City is relying on, and does not waive or intend to waive by any provision of this Contract, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, §24-10-101, et seq., 10 C.R.S., as from time to time amended, or otherwise available to City, its officers, or its employees. 26.18 CONSTRUCTION: The provisions of the Contract shall be construed as to the ordinary meaning of the words used so as to fairly accomplish the purposes and intentions of all Parties, and not for or against any party based upon any attributes to such party of the source of the language in question. No term of this Agreement will be construed or resolved in favor of or against the Owner or Contractor on the basis of which party drafted the uncertain or ambiguous language. Where appropriate, the singular includes the plural and neutral words and words of any gender will include the neutral and other gender. All headings, captions and titles are for convenience and reference only and of no meaning in the interpretation or effect of the Contract. 26.19 NO IMPLIED REPRESENTATIONS: No representations, agreements, covenant, warranties, or certifications, express or implied, exist as between the Parties, except as specifically set forth in the Contract. 26.20 FINANCIAL OBLIGATIONS OF OWNER: All financial obligations of the City under the Contract are contingent upon appropriation, budgeting, and availability of specific funds to discharge such obligations. Nothing in the Contract shall be deemed a pledge of the City's credit, or a payment guarantee by the City to the Contractor. 26.21 ASSIGNMENT / TRANSFERENCE: The Contractor may not assign or transfer any interest in the Contract, including any money due or to become due, without the express prior written consent of the City. 26.22 AMENDMENTS: The Parties shall only amend the Contract in writing with the proper official signatures and, if required elsewhere in this Contract, on the proper forms. 26.23 NO THIRD-PARTY BENEFICIARIES: The enforcement of the terms and conditions of the Contract and all rights of action relating to such enforcement shall be strictly reserved to the Parties. The Parties expressly intend that any person other than the Owner and the Contractor shall be deemed to be only an incidental beneficiary under this Agreement. 26.24 INDEPENDENT CONTRACT – NO PARTNERSHIP OR AGENCY: Notwithstanding any language in the Contract Documents or any representation or warranty to the contrary, the relationship between the Contractor and the Owner shall be as independent contractors, and neither the Owner nor the Contractor shall be deemed or constitute an employee, servant, agent, partner or joint venture of the other. The Contractor is obligated to pay federal and state income tax on any money earned pursuant to this Contract, and neither the Contractor nor its employees, agents, or representatives are entitled to workers’ compensation benefits unemployment compensation benefits, sick and annual leave benefits, medical insurance, life insurance, or pension or retirement benefits from the Owner. 26.25 GOVERNING LAW, JURISDICTION, VENUE: This Contract, and any amendments hereto are governed and to be construed according to the laws of the State of Colorado without regard to its conflicts of laws provisions. For all DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 125 of 361 67 claims arising out of or related to this Contract, the Contractor consents to the jurisdiction of and exclusive venue in the state courts in the County of Arapahoe, State of Colorado. Contractor waives any exception to jurisdiction because of residence, including any right of removal based on diversity of citizenship. 26.26 ATTORNEY’S FEES AND COSTS: The prevailing party in any litigation to resolve a dispute between the Parties arising from this Contract will be entitled to recover court costs and reasonable attorney fees from the non-prevailing party. DocuSign Envelope ID: C82E13FC-DCAD-4EE7-B9C8-0C3C2E48BB8C Page 126 of 361 Repair Criteria City of Englewood Concrete Evaluation Criteria PHYSICAL CHARACTERISTICS 1 GOOD 2 ACCEPTABLE 3 MARGINAL 4 UNSATISFACTORY Displaced Curbs, gutters and/or sidewalks displaced by less than ½”. Curbs, gutters, and/or sidewalks displaced by less than ¾. Curbs, gutters, and/or sidewalks displaced by more than ¾”, but less than 1”. Curbs, gutters, and/or sidewalks displaced by more than 1” Cracked / Broken Curbs, gutters, drive aprons and/or sidewalks with minor cracking & chipping; cracking less than 1/8” wide and 0-2 cracks per stone. Curbs, gutters, drive aprons and/or sidewalks, cracked or broken but not yet settled or heaved. Cracks opened less than ¼” and 2-3 cracks per stone. Curbs, gutters, drive aprons and/or sidewalks cracked or broken and minor settlement or heaving. Cracks opened to more than ¼” and 3-4 cracks per stone. Curbs, gutters, drive aprons and/or sidewalks with severe settlement or heaving. Cracks opened to more than ½” and 5 cracks per stone. Spalled (surface peeled away) Curbs, gutters, drive aprons and/or sidewalks showing very minor surface spalling — ie: minor pitting of surface. Curbs, gutters, drive aprons and/or sidewalks deteriorated but majority of surface with smooth finish — ie: smaller aggregate showing but larger aggregate covered with smooth surface area. Curbs, gutters, drive aprons and/or sidewalks deteriorated with majority of surface area missing — ie: large and small aggregate showing through. Curbs, gutters , drive aprons and/or sidewalks deteriorated with small aggregate gone and large aggregate is half exposed with a depth of ¾” or more. Restricted Drainage Curbs, gutters and/or sidewalks creating water pockets of less than ¼” deep due to displacement, settlement and heaving. Curbs, gutters and/or sidewalks creating water pockets of less than ½” deep due to displacement, settlement and heaving. Curbs, gutter and/or sidewalks creating water pockets of more than ½” deep due to displacement, settlement and heaving. Curbs, gutter and/or sidewalks creating water pockets or more than ¾” deep due to displacement, settlement and heaving. Chipped No chips without any cosmetic effects. Having only a cosmetic effect on curbs, gutters, drive aprons and/or sidewalks. Having more than cosmetic chipping — ie: associated cracking which does not appear to be detrimental to the performance of the concrete. Having such an effect on curbs, gutters, drive aprons and/or side- walks to be detrimental to the performance of the concrete. 1. GOOD: 2. ACCEPTABLE: 3. MARGINAL: 4. UNSATISFACTORY: No corrective action should be required in the near future. Curbs, gutters, drive aprons and/or sidewalks, based on our experience that may have a service life remaining of less than ten years. Curbs, gutters, drive aprons and/or sidewalks exhibit characteristics that may have a service life remaining of 5-10 years. Curbs, gutters, drive aprons and/or sidewalks exhibit characteristics that would require replacement in 0-5 years or corrective work to meet ADA compliance Page 127 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: February 16, 2021 SUBJECT: Public Hearing on WH PUD Site Development Plan for Winslow Crane, 3002 S Huron Street DESCRIPTION: Public Hearing on WH PUD Site Development Plan for Winslow Crane, 3002 S Huron Street RECOMMENDATION: Staff recommends City Council hear testimony on the WH PUD Site Development Plan and, following the public hearing, direct staff to bring forward an Ordinance for First Reading at the March 1, 2021 regular meeting. PREVIOUS COUNCIL ACTION: On March 4, 2013 via Ordinance No. 4, Series of 2012/2013, the WH Planned Unit Development (PUD) was approved by City Council establishing specific zoning uses and site planning criteria for development of the property. A condition of approval was: "Development on any portion of the PUD for any residential use (and not public/institutional, commercial, or industrial uses) shall be subject to site plan review by the Planning and Zoning Commission and review and approval by City Council." SUMMARY: The Planned Unit Development approved in 2013 changed the zoning of the property from I-1 and R-2-B to PUD for the 6.12 acre site occupied by the Winslow Construction Company. The PUD permits low, medium, and high density multi-family dwellings as approved uses. Dartmouth MFP, LLC proposes to build a 203-unit, multi-family residential development on this parcel at the northwest corner of Galapago Street and Dartmouth Avenue within the confines of the approved PUD District Plan. The proposal excludes several adjacent properties along Galapago Street that are not a part of the PUD and are privately owned. The proposed project includes eight (8), three-story, walk-up apartment buildings with tuck-under private parking garages. In addition, the project proposes to construct three (3), three-story townhome buildings and a centrally located amenity building that will include property leasing space, mail and package rooms, gathering and amenity space, a roof deck and mechanical spaces. Adjacent to the amenity building, a private pool with outdoor patio and gathering spaces will be constructed as well as several other small outdoor amenity spaces. The proposed project will include a mix of studio, one-bedroom, and two-bedroom apartments. The project would also provide a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. Page 128 of 361 The Site Development Plan, as submitted for review, proposes 203 multi-family dwelling units in 12 buildings with 176,529 square feet of residential floor area on site. The applicant has submitted the attached Site Development Plan for review in compliance with the approved PUD District Plan. On December 8, 2020, the Planning and Zoning Commission approved, by motion, to recommend the WH PUD Site Development Plan to City Council for approval with the following conditions: 1. Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4. Removal of the existing monolithic rollover curb, gutter and a 3-foot +/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards. The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. ANALYSIS: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control of multiple properties or multiple uses. With this application and according to the 2012/2013 Unified Development Code (UDC), Planned Unit Developments could be approved in two phases. A PUD District Plan and Site Development Plan could be approved at separate times but through the same review and public hearing process unless otherwise approved via the PUD District Plan. Neighborhood Meeting Summary: Pursuant to the PUD procedure, the applicant conducted a neighborhood meeting on June 18, 2020 in accordance with the Unified Development Code (UDC) provision requiring that the maximum time between the neighborhood meeting and a public hearing before the Commission shall not be more than one hundred eighty (180) days. Notice of the neighborhood meeting was mailed to property owners and occupants of properties within 1,000 feet of the site. Meeting notes from the neighborhood meeting are attached. Permitted Uses: The approved PUD District Plan includes a table of uses listing permitted residential, public/institutional, commercial, medical, office, retail, and industrial uses. The District Plan also contains language stating that all allowed industrial uses shall cease and shall not be grandfathered nor considered legal, non-conforming uses upon the issuance of a Page 129 of 361 Certificate of Occupancy for any residential or commercial use within the PUD, whether or not the property contained within the PUD boundaries has been platted. Architectural Character: The proposed site development plan includes building forms and materials that harmonize and respect neighboring buildings. Building materials exhibit a mix of materials including fiber cement panels and trim, lap siding, faux wood panels, metal awnings and railings and vinyl windows. Portions of the building roof form include flat roof parapets, combined with slopped portions of roof that create varied appearances in roof design. A rooftop deck area is also planned that will offer private outdoor space. Windows, awnings, façade projections and reveals alternate to provide architectural interest. The proposed building type along the Dartmouth Avenue frontage and closest to the single family residences along Galapago, not a part of this PUD, consists of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. The buildings with more mass and more units are located along the western property line and along the northerly frontage of Galapago (north of Cornell Avenue) where the neighborhood becomes a more mixed use area. Building Height: The maximum building height in the PUD is approved at 75 feet. The tallest of the 12 buildings in the proposed Site Development Plan is 40 feet. Density: The approved density for this site is 45 dwelling units per acre. With 203 dwelling units proposed over 6.12 acres, the proposed density of this project is 33 dwelling units per acre, which complies with the PUD District Plan. Parking: The requirement for parking in the approved District Plan states: "Parking guidelines will be prepared based on future development use and will be submitted with a final site plan and will utilize Title 16 of the Englewood Unified Development Code, UDC, as a basis. Reduction of parking may be proposed for multi-unit dwellings." A June 2020 parking reduction study prepared for the site by Lantz Associates was submitted for review along with a Traffic Generation Analysis and Traffic Impact Study. The Reduction Study and Generation Analysis provided updates to the Traffic Impact Study of 2012 which was reviewed when the PUD District Plan was approved. According the Englewood's UDC, 345 parking spaces would be required for this proposed Site Development Plan. The Site Development Plan provides for 311 (92 garage spaces and 219 surface spaces), 9 of these are accessible spaces per Table 16-6-6.3 of the UDC. The difference represents a 10% reduction in the number of parking spaces. Additionally, there will be four loading zone spaces that will accommodate a 35-foot vehicle. The Englewood Traffic Engineer has reviewed the plan and concurs with the two key elements: 1. The reduced parking ratio is appropriate, considering the proposed trail easement and the distance from the Englewood light rail station. 2. The project’s impact to the city transportation network would require minimal mitigation from the developer. Bicycle Parking: The UDC requires multi-family residential use bicycle parking at a rate of one bicycle space for every two dwelling units, which would require the project to provide 101.5 spaces. The proposed WH PUD Site Development Plan provides 102 bicycle parking spaces. Page 130 of 361 Traffic: The plan proposes that the primary entry to the development be aligned with West Cornell Avenue with an additional access point from Galapago Street via an existing access point near Dartmouth Avenue. A third access point from Galapago will be located mid-block between Cornell and Bates Avenues. It is proposed that the alley west of Galapago be partially vacated and re-routed, adjacent to the outlying properties fronting Galapago. The portion of West Cornell Avenue right-of-way, west of South Galapago Street (connecting to the exiting alley) is proposed to be vacated. The property is presently used for industrial purposes. All streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks form using the streets. Galapago, Fox, Bates and Elati Streets form the truck route in the area. As this area redevelops from its industrial character, the truck traffic will decrease. To the south of the site is Dartmouth Avenue, the major arterial street in the area that will convey most of the traffic to and from the site. The Trip Generation Analysis examined the impact of the proposed multi-family development at the northwest corner of Galapago and Dartmouth. Access to the development will be from four full access points along Galapago Street. The single family homes on Galapago near Dartmouth are to remain and are not a part of this development. The development is expected to generate 1,486 weekday trips, 93 AM peak hour trips and 114 PM peak hour trips. The analysis indicates that the development will have little or no impact and the roadways and the area can accommodate the additional traffic. This conclusion has been supported by the review and analysis of the Englewood Traffic Engineer. Landscaping: The PUD District Plan calls for a complete landscape plan to be submitted at the time of the Site Development Plan. The landscape plan can be found on pages 9, 10, and 11 of the plan set. The District Plan includes a minimum open space requirement equal to 25% of the site. The proposed plan contains 94,238 square feet of open space or 32.6% of the site. According to 16-6-7.E.4 Minimum Landscape Requirements: "landscaping standards shall meet all requirements of the Planned Unit Development." Irrigation for all required landscaping shall be by an automatic irrigation system. Lighting: Lighting specifications are located within the Site Development Plan set. All lighting should be installed as to not produce glare off site onto surrounding property. All light shall be directed and shielded in a downward fashion toward the ground. The applicant has submitted a photometric lighting plan and attention should be paid to lighting along the shared property lines with the single family residential home backyards as to not create undue glare and light pollution concerns for residents. Drainage: The Site Development Plan proposes two extended detention basins (one at each end) that will serve the water quality and detention storage. These basins will have maintenance access but they will be primarily walled. A third pond will be located centrally on the site. All stormwater tributary to this pond will pass through a properly sized vortex separator prior to stormwater entering an underground storage facility. Underground storage will be via a proprietary system, appropriate to the location. The discharge of the detention facilities will be to existing storm lines in proximity to the ponds. The general historic drainage patterns on the site will be maintained. The Preliminary Drainage Report is approved and the Final Drainage Report will be required for the building permit process, which will incorporate final development details associated with the project. Page 131 of 361 Utilities: The proposed Site Development Plan layout respects the existing sanitary sewer, waterline and dry utility easements. A new waterline loop will be constructed from Galapago Street through the site to connect to the existing waterline system. A sewer mainline will be extended north from the existing line on the site to provide service to each building. Utility easement finalization will occur on the minor subdivision plat but in conjunction with the approved Site Development Plan. Fire Department: The Site Development Plan for Fire Department access was approved on May 26, 2020 for the 26-foot lane width with three access points into the complex. All Fire Department emergency fire lanes meet the 26-foot requirement. Additionally, all fire lanes meet the 150-foot hose pull requirement as of May 26, 2020. The Site Development Plan is proposing a 26-foot wide drive lane from the north entrance, along the west property line and to the south entrance. New fire hydrants will be located along the road and along Galapago Street. All other drive lanes will be 24-feet wide and will not have fire hydrants located along the drive lane. City Department and Division Review: The WH PUD Site Development Plan and subsequent revisions were reviewed by the City’s Development Review Team (DRT) on February 27, May 27, July 21, and October 22, 2020. Issues identified by the DRT were addressed by the applicant and as of the October 22, 2020 DRT meeting all City departments have provided a favorable recommendation. Vacation of Right-of-Way(s): Right-of-Way vacations for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley are an important part of the Site Development Plan proposal. Each separate request for right-of-way vacation requires a public hearing before City Council. These vacation requests will be addressed in the subsequent public hearings for minor subdivision cases SUB2021-004 and SUB2021-005. Please note that all right-of-ways requested for vacation are entirely located on the applicant's property. Page 6 of 32 of the Site Development Plan depicts the circulation plans for the development. Vacated right-of-way will be replaced with a transportation access and public utility easement. The Englewood Traffic Engineer and Utility Engineer have reviewed and discussed the proposed plans for vacation and utility preservation/expansion on the property with the applicant team to accommodate the proposed development plans. Favorable recommendations have been received. Public Works Design Waiver Request: The city, through the DRT process, requested that this project provide right-of-way improvements in front of the single family homes along the west side of South Galapago Street, which are not part of this project. The requested improvements include removal of the existing monolithic rollover curb, gutter and 3-foot+/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with current city standards. The requirement includes matching grades from the new back of walk t o the existing surface. In June of 2020, the applicant filed a design waiver to the Public Works Department for the improvement requirement as described based on several reasons: • The project will provide a public trail easement for the future construction of the Englewood Rail Trail; • Overall improvement of the site and utility expansions are proposed; and Page 132 of 361 • The land proposed by the city to be improved includes right-of-way that has been modified by the respective landowners to include fences, retaining walls, driveway accesses and landscaping. The goal of the sidewalk improvement is to obtain a continuous, widened, north-south sidewalk across the property from Bates to Dartmouth, either along Galapago or along the railroad tracks (rail trail). The waiver request was denied. However, the applicant has proposed to improve the sidewalk in front of the properties along the west side of Galapago, which are not a part of this PUD development, and grant an easement to the City for the future construction of the rail trail along the western side of the property. City staff will work closely with the applicant on this portion of the project and provide additional outreach to the homeowners and residents along this portion of street frontage informing them that these improvements will be forthcoming. Staff has received several inquiries from residents about improvements to the sidewalk along Galapago in relationship to this project. Planning and Zoning Commission: On December 8, 2020, the Planning and Zoning Commission held a public hearing regarding this proposal and approved, by motion, to recommend the WH PUD Site Development Plan to City Council for approval with the following conditions: 1. Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4. Removal of the existing monolithic rollover curb, gutter and a 3-foot +/- sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards. The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. Sidewalk Analysis: At the Public Hearing for the proposed Winslow Crane apartment development in December 2020, members of the Planning and Zoning Commission requested that staff review the proposed sidewalks on the development to ensure they are in compliance with city development standards. This direction was included in the Findings of Fact Condition #4(a) which stated: ‘Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets.” The WH PUD Site Development Plan proposed to install an attached sidewalk on the east side of the property and the applicant has agreed to continue the sidewalk improvements in front of the properties along the west side of Galapago which are not a part of the PUD property. If the applicant was required to install a detached sidewalk, that condition would place a strain on the Page 133 of 361 ability to construct the proposed development without losing housing units, off-street parking, and the rail trail easement along the west side of the property, which would be essential for the future continuity of the Rail Trail project. While the current EMC requires all newly constructed sidewalks to be detached, there is language in Section 16-6-5. – Pedestrian and Bicycle Access and Connectivity, Subsection B. Applicability - whichstates: “this Section shall apply… to all new residential development containing four (4) or more dwelling units, except where development standards are modified though approval of a Planned Unit Development…” Prior to the submittal of the WH PUD Site Development Plan, the WH Planned Unit Development District Plan was reviewed and approved by City Council in early 2013. At that time, the general site plan included with the district plan did not include detached sidewalks as part of the overall design. The WH District Plan included the following General Note #7: “In the event of a conflict between the specific provisions of this PUD and Title 16, the specific provisions of the PUD shall control.” The Site Development Plan completed four Development Review Team (DRT) meetings: February 27, 2020, May 27, 2020, July 21, 2020, and on October 22, 2020. Detached sidewalks were not considered as a requirement by the DRT staff. Considering the language of the District Plan, the EMC provision that permits deviations from sidewalk standards through an approved PUD, and the development limitations which would adversely impact the overall project, staff recommends the construction of the proposed attached sidewalks for this project. Traffic Study: At the Planning and Zoning Commission Public Hearing held in December 2020, Commission members asked staff to ensure that all comments from the city's Traffic Engineer have been addressed in the Traffic Study, which was addressed in Finding of Fact number 5 which stated: 'Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer.' Staff received email confirmation from Maria D'Andrea, the Director of Public Works, on February 1, 2021 stating that the traffic study had been accepted and no further modifications would be required. FINANCIAL IMPLICATIONS: The $29 million Winslow Crane Planned Unit Development Project will provide financial benefits to the city including: • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan would address the following Strategic Plan Outcomes: Neighborhoods Page 134 of 361 The proposed WH Site Development Plan would complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH Site Development Plan completes the redevelopment of what was formally vacant or underutilized industrial property. Together, the three new developments will create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The Site Development Plan proposes building forms and materials that harmonize with the neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not part of this PUD, consist of the buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project would provide a 10-foot trail easement for the future Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops, it will provide a multi-modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of ZON2020-001 with the following conditions: 1. Administrative approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood Rail Trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of the right-of-way vacation requests for a portion of W. Cornell Ave, S. Huron St., and a 16' public alley. 4. Removal and replacement of the existing sidewalk along Galapago St., including across properties located outside of the project which have frontage on Galapago. ATTACHMENTS: Ordinance No. 4 Series of 2012/2013 WH PUD - Site Development Plan Right-of-Way Vacation: a portion of W. Cornell Avenue and a 16' Public Alley Right-of-Way Vacation: a portion of S. Huron Street Rail Trail Easement Graphic and Memorandum of Understanding DRAFT from January 2021 Lantz Associates Parking Reduction Study August 2020 Lantz Associates Trip Generation Analysis April 2020 Baseline Engineering Traffic Impact Study August 2012 Site Development Plan Design Waiver Request June 2020 Material Board Neighborhood Meeting overview December 8, 2020 Planning and Zoning Commission Minutes December 8, 2020 Planning and Zoning Commission Findings of Facts Staff PowerPoint Presentation Page 135 of 361 .HbI BY Al:I'HnIu'n' ORDINANCE NU‘12 COUNCIL BILL NO.as SHUES 01-‘1012/20:,INTRODUCED BY COUNCIL MEMBERWOODWARD AN ORDINANCE APPROVING nu:W H PLANNED UNIT DEVELOPMENT IPUD) LOCATEDA1 .1001SOUTHGALAPAGOSTREET INTHE CITYor ENGLEWOOD. COLORADO. WHEREAS,muprop:-nyli a 6.12 acresitt omlpird by wnuslaw cousmminn Company shut I95-1,xnd hu [man mned [-1 and 11-,m1 WHEREAS.w H lnveslmems xubminai an apphcuion farm:proposed Plannedunn Dcvzlapmelu In wablixh speu?:mmng and me pllnnmg r:n|I:ruI rm»dtrvclupmu-nlfor n nnnm unn Devalnpmml (PUD):and wmzmzas,WH PUD would nllnw sang:may Msidznuilma nmchnd mwn hm-nuan this silc as well as oonunumg uldu?nal uses;and wmuuzas.mePlnnnmg Ind Z4-Iningcm-nmusmnh:|d .Puhlu:Hunng m1N?VClIIbE|‘20. 2012.and WHEREAS.lhc Planmngand Znnmg Ccmmmxunmcc/mmcndndn deuinxof|I:I.'awhr.z(IDn In 1:10“:ampmpeny knmvn as 3001 South Galnpago Sueex :1 n1‘[mm LI and R443 In aPlrmn:d unnDtvtzlnpmml. Now.THEREFORE.BE IT ORDAINED BY THE CITY COUNCH.OF THE CITY or ENGLEWOOD.COLOR/mo,AS rounws: Sucu n I.Tn:w H Plan-mi Unit Drvelwprnzm(PUD)Iucnad ax sum sum:Gnlnpagn sum :1 :1 In umCuy uf Englewood.Cc-Iamio,attachedharm as ExlubhA,Is hc1:\>y approved‘ Soauvnz,The apvhcam,w H Flanmxl unuDcvclopmzm (rum wxsllcsIo tmaud II: npplicatian |u limit mg uss alluwad in LhisPUD I0 I11:following. um Allnwrd by mePUD Disu-IcIPlan gen enlxal Use: Gmup living many.largdxpncinl cm-p Iwmg facility.nmnu OM and MulIi~UmlDwu1Iin-.15ulluwedIII In:nu-3 me Dmriv. Lwuwnm dW=lhng mw,Medmm and H|g|:Deusxty Mum-umldwellings Mum-Fnnuly R=InIedAnmllary U55 suchas Lnsing DI'T:e,Prime Ruxuxiun Facilinas,cl: Page 136 of 361 uluum n hch Alhlnlic ?eld Cmnmnmny gnrduu ubmry Muxcum l‘.\r|<and om Spats Religious m¢uIn|iDm mmnmmmum.L'L'>wurv nws semi; l'vIa.x-nmxunIc.1\iwn1-’;my macc’/mp.”m7,“/-¢m....,.,....,.,m1..z,..."M./I-r»/¢.,,z,/r m mu.-:1guldzhnzs und.wnn-iurtlu,m mclud:nllunlmivc |nwa'sLrucmr:.Amcnnn umamwmxnlcmm.uwlanwl .~.m:|axnlmm.whmantenna)mud‘hvwcxslruuuu: Transit Ccnlvr Gruanhmvsn/nuusary.rl sing (xfplanu,?nwcm,m mu-<ery sunk Asscml?y mum‘nmlnlmmm.hall rental |'0r mrnlm Mlznhcrshuwnrg,:u1Imuun Inrlonr F.n|emImmenI/Amuszmenl An\useIncul oslxhlishrnL:nlu.~u (‘«n\dvImu::>Us: Phys.’u nmmcznlzr/sun 1mm and pcrfnnnnnxidtnncu?venue.mvl Imzlmlmp,mumnznlmwnmmcxll (ieucml uuldunr rbcnznnnn..5 a Cnndulnnnlus: cum uasl mug rm‘\?y Fmzlnuulim|i|u|mn,wixhurimmugnu scrvnze Fmancmlmsu||mm\.wu1xmIxd\'ivM.lu‘nug1Ixcrvmc Food and ummgc Survic:,h1:;]uding Hrcwpulz C alarm Mlcmhrzwery Rusllurlnl.bu.lzvum wnh or wullmuluuldom npA:ra|inns Restaurant,wuh anmmugb scrvwa Tm um and dclivrry only Mnducnland Suuenxi?n: m‘c Huspikul Lnbommry(mun.medial m npmcal) ()f?L:c,ly|1c I (gc:um:\) emu.type 2 (lim?ud) Dry r.lmnur,d.n7p<II1sIlr.mxly lrxxuucliannlsun/mt Pelsunal Car:Szrvice.lllcluding phmayaphysmdiu and pllmn lab,uphnlstcry,printer. lonksrruth.mm Repair shup (um i|u:lIul.ing nula) Reml Salas and Se-rviue(Sal:s),1nclua|lng: Anuquz star: An gallcry Page 137 of 361 Buy-bunk.Jazond-Ilan?.lIlriiLCarlslgtll?ml mm,mg: la.-y-luck.uwna-ll.-mu.l.hxx‘Ii,cul1.1lyJ|rlanIsl0lc5.Small Ccnvnliznc:sum omvcry/sn=cz.lly ml um lnlernal 5:15 lncatinn Llqumlme Ruuxl slles,genenl lzlglchxxldlse ‘rml:or busulgss sclluol Rzdin/mlevlsillnhmndczsllngslluim.recmdmy?lm .-mam Aulunlmlw eewwe slntiun lgllsoliue flwilily) cu wash.zluln detailing Padang Ilclllty.slnlclur:topmble vcluclcs),pnnclp?l m Parking area.surface (mull:lmhicles).principal us: Hale] Hotel,Exlznded Sm)’ lgllllwglgm llrmlmle Sales uld disu-lhulion lnduslnnl Sarvlce,li?“ Mlmlfaclunng (Inaludmg pmcnnllg,Eib?cllllin or us:-l-lblyl,llghl Manufnclunng (hlclllding pmctsslng.Tsbrimlmnor nssnvlbly).llmy Mm-mg and slang: Onldmr slorage Slorage yard for vchitlzs,eql-lpmml,malarial,and/Ln’supplics,including Cnnlraclur nfrlu and yud Warchuusing and/ur slongc,includingmim-slomgc rummzlclal slmge,?llcll Ind lrpnlr nflvpcrnhle V:hI¢:|cs and :quI'pm:nI All Cnmmzmlllland lndluuinl Um shall hw:a maximumlleiglll of one-llundlad feel U00’) And livemy and council llmtvy ncoepls Lhixmm-llllllall h:llx PUD Dilllntl Plan.The nllawad uses an hereby xncludadan Eh:PUD lmu-lcl Plan. _S_:c:|.ian3.The appllunnl,w ll Plnnnad UniID=vclopmr.n1(PUD)\II|:'11s m amend its appllcalion (D pmvldc umall allowed xndualrislum (um!nu|public/insllulliumland wmmmial use!)shall mas:and shall not ‘I:yalldfnlhared um mnsldcrad legpl,nun-wnf?mling um um ule lslualme on Czni?calc of Occupancy for ally rzsidmlhl m communal use willun marun‘ wh:|h=r or mu m:pmpmy conminzd within mg pun bnundzrlnshas hm.planed.And LII:City Cuu-lcllhereby actcpls lhls umranamenlH7lb:PUD DislriolPlan Trlisresll-lcuun ls llrreby lncllldadon [he PUD Disuicl Plan. Securm 4 nmlopmelu on my pnrllon of wepub for any lesldmtlal us:(and um publi nsl lltiunal,cumnwmilcl,or uldlmrial usas)shill be subject m sll:plan rtview by m: lvllmlllngand Znning Commlsslanand rcl/new and approval by clry Cuuwml lltmy sile plan ls m.lhlI\i(|=d fcrpublic/imllluLionn1,ccl:lmenvinlLlrindustrialms 'wlll hr pm.-m-ell rldminlstrnllvcly.5 Allowedby anUnl?od Dnvcloymenlcm '3 mq.mm»nl L9 lmay imlndlqi in 1112run Damn Pm Page 138 of 361 Iiilimliiued and considered on the 17"‘day of December,2012 and continued until the 22""day 0|‘.Ir'muzii'y,2013. Reiiilmduced,rend in full,and passed on first reading on the 22nd day o?anuary,2013. Puhlislied by Title as a Bill rurzm Ordinance in the Cily‘s of?cial newspaper on the 25"‘dziy mi‘ Liinixiry,2013. Ptiblished as a Bill for an Oi*din:mee ml the Cilyis i>lliei£1l website beginning on the 23'“1ir.yof .l.'1iiuui'y,2013 fort}iii1y(30)days. A Public Ileziring was held on the 4'“day of February,2013. Reiitl un siicnild i'uu(iiiigand amended on February 19'“,2013 |’uhlished us nineiided by title in the Ciiy’s official newspaper on the 22nd day oI'Febmaiy, 2013. Published as amended on second reading by title on the City‘s official website beginning on the 301"day oi'l~'ebi*uary,20 l3 for thirty (30)days Read hy title and passed as amended on ?nal reading on the 4"‘day oi'March,2013. i Published by title as amended in the City's official newspaper as Ordinance No._:Z_,Series of 2013,on the 8th day 0fM2ireli,2013. Published by title as amended on the RangP.Penn,Mayor AT'X‘F§7'/J C//LoucéshiaA.Ellis,City Clerk 1,Loucrishia A.Ellis,City Clerk of the City of Englewood,Colorado,hereby certify that the above and foregoing is a true copy of e amended Ordinance passed on final reading and published by title as Ordinance No.,Series of 2013. /--LoucrishiaA.Ellis Page 139 of 361 PROJECT SITE W BATES AVE W DARTMOUTH AVE S BROADWAY STREETS SANTA FE DRWH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN VICINITY MAP SCALE 1" = 1000' BASIS OF BEARINGS: THE BASIS OF BEARINGS FOR THIS SURVEY IS S00°02'12"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SECTION 34 BETWEEN THE FOUND MONUMENTS AS SHOWN HEREON. THIS BEARING IS AS PER THE LEGAL DESCRIPTIONS OF THE SUBJECT PROPERTY PARCELS.File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\1 - COVER SHEET.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 12:44 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANCOVER SHEETDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20201 N of1 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LEGAL DESCRIPTION: PARCEL 2A (SURVEYOR'S DESIGNATION): LOTS 1 TO 24, INCLUSIVE, AND THE RESERVED STRIP LYING SOUTH OF LOT 19, AND LOTS 46 THROUGH 49, INCLUSIVE, BLOCK 1, TAYLORS ADDITION, ACCORDING TO THE RECORDED PLAT THEREOF, TOGETHER WITH THAT PORTION OF VACATED HURON STREET LYING NORTH OF THE NORTH LINE OF DARTMOUTH AVENUE AND SOUTH THE NORTH LINE AND NORTH LINE EXTENDED OF CORNELL STREET AND ALL OF THAT PORTION OF VACATED CORNELL STREET LYING WEST OF THE WEST LINE OF THE ALLEY IN SAID BLOCK 1, AS VACATED BY ORDINANCE NO. 14, SERIES OF 1971, RECORDED MAY 25, 1971 IN BOOK 1928 AT PAGE 396, EXCEPTING FROM SAID LOTS 20, 21, 22, 23, 24 AND VACATED HURON STREET THAT PARCEL OF LAND CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY THE DEED RECORDED MAY 10, 1991 IN BOOK 6153 AT PAGE 567; AND EXCEPT THAT PORTION OF VACATED HURON STREET CONVEYED TO REGIONAL TRANSPORTATION DISTRICT BY THE DEED RECORDED JANUARY 26, 2004 UNDER RECEPTION NO. B4016217; PARCEL 2B (SURVEYOR'S DESIGNATION): TOGETHER WITH A PARCEL OF LAND LOCATED IN THE SE 1/4 OF NE 1/4 OF SECTION 33, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SE 1/4 OF NE 1/4; THENCE NORTH ALONG THE EAST LINE OF SAID SE 1/4 OF NE 1/4, A DISTANCE OF 540.0 FEET, MORE OR LESS, TO A POINT 50.0 FEET SOUTHEASTERLY, AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY; THENCE SOUTHWESTERLY PARALLEL WITH AND 50.0 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 573.0 FEET, MORE OR LESS, TO A POINT ON THE SOUTH LINE OF SAID SE 1/4 OF NE 1/4; THENCE EAST ALONG THE SOUTH LINE OF SAID SE 1/4 OF NE 1/4, A DISTANCE OF 180.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE EAST 30 FEET AND THE SOUTH 30 FEET FOR HIGHWAYS PURPOSES, AND EXCEPT THAT PORTION CONVEYED TO THE STATE DEPARTMENT OF HIGHWAYS BY THE DEED RECORDED MAY 10, 1991 IN BOOK 6153 AT PAGE 567; PARCEL 2C (SURVEYOR'S DESIGNATION): TOGETHER WITH A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SW 1/4 OF NW 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, ARAPAHOE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT A POINT ON THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4 WHICH IS 200.0 FEET EAST OF THE SOUTHWEST CORNER OF SAID NW 1/4 OF SW 1/4 OF NW 1/4; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4, A DISTANCE OF 540.0 FEET MORE OR LESS TO A POINT 50.0 FEET SOUTHEASTERLY, AT RIGHT ANGLES FROM, THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY. THENCE SOUTHWESTERLY ON A CURVE TO THE RIGHT, PARALLEL WITH AND 50.0 FEET SOUTHEASTERLY AT RIGHT ANGLES FROM, THE CENTER LINE OF THE MAIN TRACK OF THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, A DISTANCE OF 563.0 FEET MORE OR LESS TO A POINT ON THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4; THENCE EAST, ALONG THE SOUTH LINE OF SAID NW 1/4 OF SW 1/4 OF NW 1/4, A DISTANCE OF 162.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING AND EXCEPTING THEREFROM THE SOUTH 30.0 FEET FOR HIGHWAY PURPOSES; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF ENGLEWOOD BY THE DEED RECORDED JUNE 19, 1989 IN BOOK 5712 AT PAGE 490. COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 3A (SURVEYOR'S DESIGNATION): A PARCEL OF LAND LYING IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS BEARING SOUTH 89 DEGREES 48 MINUTES 51 SECONDS WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 1318.86 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34 NORTH 89 DEGREES 42 MINUTES 38 SECONDS EAST 226.46 FEET TO THE TRUE POINT OF BEGINNING; SAID TRUE POINT OF BEGINNING BEING A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF THE ATCHISON, TOPEKA AND SANTA FE RAILROAD; SAID POINT ALSO BEING A POINT ON A CURVE CONCAVE TO THE NORTHWEST HAVING A PARTIAL CENTRAL ANGLE OF 01 DEGREES 01 MINUTES 47 SECONDS AND A RADIUS OF 5779.65 FEET (IT IS SUBTENDED BY A CHORD THAT BEARS SOUTH 14 DEGREES 47 MINUTES 36 SECONDS WEST 103.87 FEET); THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE 103.87 FEET TO THE END OF SAID CURVE, SAID END OF CURVE ALSO BEING A POINT ON THE EASTERLY LINE OF THAT CERTAIN TRACT OF LAND DESCRIBED IN DEED, RECORDED MARCH 19, 1881 IN BOOK A33 AT PAGE 13, RECORDS OF SAID COUNTY; THENCE ALONG SAID EASTERLY LINE SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 558.96 FEET TO A POINT ON THE SOUTH LINE OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID SOUTH LINE NORTH 89 DEGREES 39 MINUTES 32 SECONDS EAST 100.98 FEET TO A POINT ON THE WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN DEED, RECORDED IN BOOK 2222 AT PAGE 485; THENCE DEPARTING SAID SOUTH LINE AND ALONG SAID WEST LINE NORTH 00 DEGREES 02 MINUTES 12 SECONDS EAST 659.16 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 42 MINUTES 38 SECONDS WEST 74.65 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF ENGLEWOOD BY INSTRUMENT RECORDED JUNE 19, 1989 IN BOOK 5712 AT PAGE 490. PARCEL 3B (SURVEYOR'S DESIGNATION): TOGETHER WITH A PORTION OF A PARCEL OF LAND IN THE WEST 1/2 OF THE NORTHWEST 1/4 OF SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN, DESCRIBED IN QUIT CLAIM DEED RECORDED JANUARY 20, 1989 IN BOOK 5618 AT PAGE 65 AND CORRECTION THERETO RECORDED AUGUST 3, 1989 IN BOOK 5744 AT PAGE 191 OF THE RECORDS OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 AS BEARING SOUTH 89 DEGREES 48 MINUTES 51 SECONDS WEST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 34; THENCE ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34 SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST 1318.86 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34 NORTH 89 DEGREES 42 MINUTES 38 SECONDS EAST 301.11 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING THE NORTHWEST CORNER OF THE PARCEL OF LAND DESCRIBED IN BOOK 5618 AT PAGE 65 AND CORRECTION THERETO RECORDED IN BOOK 5744 AT PAGE 191; THENCE SOUTH 00 DEGREES 02 MINUTES 12 SECONDS WEST ALONG THE WEST LINE OF SAID PARCEL 638.56 FEET TO A POINT; THENCE NORTH 89 DEGREES 39 MINUTES 32 SECONDS EAST 4.37 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 26 SECONDS EAST 14.19 FEET; THENCE NORTH 00 DEGREES 01 MINUTES 27 SECONDS WEST 628.60 FEET TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF NORTHWEST 1/4 OF SAID SECTION 34; THENCE ALONG SAID NORTH LINE SOUTH 89 DEGREES 42 MINUTES 38 SECONDS WEST 13.76 FEET TO THE TRUE POINT OF BEGINNING. COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 4A (SURVEYOR'S DESIGNATION): A REMAINDER PARCEL OF LAND NO. 23R OF THE STATE DEPARTMENT OF' HIGHWAYS, DIVISION OF HIGHWAYS, STATE OF COLORADO, PROJECT NO. FCU 085-2(51), IN LOTS 25 AND 26, BLOCK 1 TAYLOR'S ADDITION, A SUBDIVISION IN THE SW 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN ARAPAHOE COUNTY, COLORADO, SAID REMAINDER PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF LOT 26, BLOCK 1, TAYLOR'S ADDITION, FOR WHICH THE W 1/4 CORNER OF SECTION 34 BEARS S. 64° 47' 19" W. 228.97 FEET; 1. THENCE N. 00° 02' 12" E. ALONG SAID EAST LOT LINE, A DISTANCE OF 46.21 FEET; 2. THENCE N. 89° 23' 26" W. A DISTANCE OF 50.00 FEET, TO THE WEST LINE OF LOT 25 OF SAID BLOCK; 3. THENCE S. 0° 02' 12" W. ALONG SAID WEST LOT LINE, A DISTANCE OF 45.20 FEET; 4. THENCE S. 88° 13' 31" E. A DISTANCE OF 50.02 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON A POLARIS OBSERVATION OF THE EAST LINE OF THE NE 1/4 OF SECTION 33 PREPARED BY GINGERY ASSOC. AT J.N.: D-1633.001, DATED SEPT. 1980, PREPARED FOR THE CITY OF ENGLEWOOD.(N. 00 02' 12" E.) PARCEL 4B (SURVEYOR'S DESIGNATION): TOGETHER WITH A REMAINDER PARCEL OF LAND NO. 24R OF THE STATE DEPARTMENT OF HIGHWAYS, DIVISION OF' HIGHWAYS, STATE OF COLORADO, PROJECT NO. FCU 085-2(51)., MORE OR LESS, IN LOTS 27, 28, 29 AND 30 BLOCK 1, TAYLOR'S ADDITION, A SUBDIVISION IN THE SW 1/4 OF THE NW 1/4 SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST, OF THE SIXTH PRINCIPAL MERIDIAN, IN ARAPAHOE COUNTY, COLORADO, SAID REMAINDER PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF LOT 27, BLOCK 1, TAYLOR'S ADDITION, FROM WHICH THE W 1/4 CONER OF SECTION 34 BEARS S. 64° 47' 19" W. A DISTANCE OF 228.97 FEET; 1. THENCE N. 0° 02' 12" E. ALONG SAID WEST LOT LINE, A DISTANCE OF 46.21 FEET; 2. THENCE S. 89° 23' 26" E. A DISTANCE OF 48.29 FEET; 3. THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 39.50 FEET, A DISTANCE OF 62.05 FEET (THE CHORD OF THIS ARC BEARS S. 44° 23' 26" E. A DISTANCE OF 55.86 FEET); 4. THENCE S. 0° 36' 34" W. A DISTANCE OF 8.49 FEET; 5. THENCE N. 88° 13' 31" W. A DISTANCE OF 87.35 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. BEARINGS ARE BASED ON A POLARIS OBSERVATION OF THE EAST LINE OF THE NE 1/4 OF SECTION 33 PREPARED BY GINGERY ASSOC. AT J.N.: D-1633.001, DATED 1980, PREPARED FOR THE CITY OF ENGLEWOOD. (N. 00° 02' 12"). PARCEL 5: LOTS 42 AND 43, BLOCK 1, TAYLORS ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO. PARCEL 6: PARCEL 6: LOTS 44 AND 45, BLOCK 1, TAYLORS ADDITION, COUNTY OF ARAPAHOE, STATE OF COLORADO. CONTACTS: APPLICANT/DEVELOPER SAUNDERS DEVELOPMENT AND WH INVESTMENTS C/O WH INVESTMENTS 3002 S. HURON ST ENGLEWOOD, CO 80110 OWNER DARTMOUTH MFP, LLC C/O WH INVESTMENTS 3002 S. HURON ST ENGLEWOOD, CO 80110 CIVIL ENGINEER ROTH LANG ENGINEERING GROUP, LLC 7853 EAST ARAPAHOE COURT, SUITE 2500 CENTENNIAL, CO 80112 PH: 303-841-9365 CONTACT: KEVIN S. ROTH, P.E, LEED AP EMAIL: KROTH@ROTHLANG.COM ARCHITECT KTGY ARCHITECTURE AND PLANNING 820 16TH STREET, SUITE 500 DENVER, CO 80202 PH: 303-825-6400 CONTACT: JAMES RONCZY EMAIL: JRONCZY@KTGY.COM LANDSCAPE ARCHITECT RUSSELL-MILLS STUDIOS 141 SOUTH COLLEGE AVENUE, SUITE 104 FORT COLLINS, CO 80524 PH: 970-484-8855 CONTACT: NATHAN STARCK, RLA NSTARCK@RUSSELLMILLSSTUDIOS.COM SURVEYOR ESI LAND SURVEYING, LLC 3531 SOUTH LOGAN STREET, UNIT D-324 ENGLEWOOD, CO 80113 EMAIL: 303-340-0113 CONTACT: DON LAMBERT, PLS EMAIL: DON@ESILAND.COM PROPERTY OWNER DARTMOUTH MFP, LLC, ACOLORADO LIMITED LIABILITY COMPANY _________________________________________ BY: BRYANT WINSLOW, MANAGER STATE OF COLORADO } } S.S. COUNTY OF ARAPAHOE } THE FOREGOING CERTIFICATION OF OWNERSHIP WAS ACKNOWLEDGED BEFORE ME THIS___ DAY OF _______________ A.D., 20___, BY_______________________ AS _______________________ (NAME) (TITLE) OF _____________________ AN AUTHORIZED SIGNATORY. (ENTITY) BY_______________________________ WITNESS MY HAND AND SEAL NOTARY PUBLIC MY COMMISSION EXPIRES: __________________ __________________________________________ ADDRESS __________________________________________ CITY, STATE AND ZIP CODE APPROVED FOR THE CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION CHAIRPERSON DATE PLANNING AND ZONING COMNISSION SECRETARY DATE MAYOR OF ENGLEWOOD DATE ATTESTED THE FOREGOING APPROVALS WREE ACKNOWLEDGED BEFORE ME THIS ______DAY OF ____________________, 20___ BY ___________________________________, ___________________________________, ___________________________________, AND ___________________________________. ATTEST:CITY CLERK CLERK AND RECORDER THIS PLANNED UNIT DEVELOPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY AT ________ O'CLOCK __M. ON THIS _________DAY OF ___________________ A.D., 20___ . BOOK ______, PAGE ______, MAP ______, RECEPTION NO.__________________, BY: COUNTY CLERK AND RECORDER BY: DEPUTY SHEET INDEX 1 COVER SHEET 2 PUD DISTRICT PLAN 3 PUD DISTRICT PLAN 4 SITE DEVELOPMENT PLAN - NORTH 5 SITE DEVELOPMENT PLAN - SOUTH 6 PARCEL & EASEMENT DISPOSITION PLAN 7 OVERALL GRADING & UTILTY PLAN - NORTH 8 OVERALL GRADING & UTILTY PLAN- SOUTH 9 LANDSCAPE PLAN 10 LANDSCAPE PLAN 11 LANDSCAPE DETAILS 12 SHADOW STUDIES 13 LAYOUT A ELEVATIONS 14 LAYOUT B ELEVATIONS 15 LAYOUT C ELEVATIONS 16 LAYOUT D ELEVATIONS 17 LAYOUT E ELEVATIONS 18 CLUBHOUSE ELEVATIONS 19 OVERALL SITE PHOTOMETRIC PLAN 20 SITE PHOTOMETRIC PLAN – SECTOR A 21 SITE PHOTOMETRIC PLAN – SECTOR B 22 LIGHT FIXTURE SPECIFICATIONS 23 LIGHT FIXTURE SPECIFICATIONS 24 LIGHT FIXTURE SPECIFICATIONS 25 ALTA 1 26 ALTA 2 27 ALTA 3 28 ATLA 4 29 ALTA 5 30 ALTA 6 31 ALTA 7 32 ALTA 8 SITE DATA:Page 140 of 361 WH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2-3 - PUD DISTRICT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPUD DISTRICT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20202 of2 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER:Page 141 of 361 WH PLANNED UNIT DEVELOPMENT LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2-3 - PUD DISTRICT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPUD DISTRICT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20203 of3 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER:Page 142 of 361 4 7 56 R=3880.71L=170.27Δ=002°30'50"N00° 04' 28"W 12.19' R=5779.65 L=101.70 Δ=001°00'29" N89° 42' 45"E 88.62' S00° 01' 27"E 628.60' S45° 11' 26"W 14.19' S89° 39' 19"W 3.21' S00° 01' 10"E 249.53' N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' 5' SETBACK 15' UE A - PARKING STALL DETAIL 1" = 10' 8' 17' 8'8' 9' STANDARD STALL NOTE: IF OVERHANG NOT AVAILABLE ALL HEAD TO HEAD PARKING STALLS TO BE 19' DEEP SEE PLAN FOR LOCATIONS 8' 2' OVERHANG (MIN) W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2 - SITE DEVELOPMENT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:15 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANSITE DEVELOPMENT PLAN - NORTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20204NKnow what'sCallR CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. below.before you dig. of4 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO 2' SETBACK 10' TRAIL ESMT 5' SETBACK 25.5' UE 25' UE 25' UE 25' UE NOTES: 1. COE STANDS FOR CITY OF ENGLEWOOD 2. ALL SIDEWALKS ARE CONCRETE. 3. ALL DRIVING SURFACES ARE ASPHALT. 4. ALL EXISTING EASEMENTS ARE PROPOSED TO BE RELINQUISHED AND THE NEW EASEMENTS AS INDICATED TO BE DEDICATED. 5. ALL INFRASTRUCTURE TO BE REMOVED HAS BEEN TURNED OFF IN THE SITE PLAN EXHIBITS. SEE ALTA SHEETS 24 -31 FOR EXISTING CONDITIONS. 6. ALL PUD SETBACKS FOR THE PROJECT ARE 2'-0'' FROM THE PROPERTY BOUNDARY LINE WITH THE EXCEPTION OF: THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST BATES AVENUE TO WEST CORNELL AVE IS 5'-0''. THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST CORNELL AVENUE TO WEST DARTMOUTH AVENUE IS 10'-0''. THE WESTERN SITE BOUNDARY IS 5'-0''. EXISTING 30' COE SEWER ESMT BOOK 3562 PAGE 533 5' SWLK 7' SWLK 5.5' SWLK 5' SWLK LINETYPE LEGEND PROPOSED EXISTING CENTERLINE OF ROAD HANDRAIL PROPERTY BOUNDARY RETAINING WALL RIGHT-OF-WAY LINE ADA ROUTE SYMBOLS LEGEND BUILDING NUMBER CROSSWALK DOOR STREET SIGN HATCHING LEGEND ADA RAMP CONCRETE PAVING ROOF / OVERHANG SIDEWALK CHASE TRUNCATED DOMES SNOW STORAGE # 7' SWLK 5.5' SWLK KEYMAP 1"=300' N MATCHLINE -5SEE SHEET24' DRIVE LANE 5' SWLK 26' FIRE LANE 24' DRIVE LANE 26' FIRE LANE 26' FIRE LANE 24' DRIVE LANE 7' SWLK 31.2' FIRE LANE 26' FIRE LANE 26' FIRE LANE 26' FIRE LANE S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW )W BATES AVE(60' ROW )24' DRIVE LANE 7' SWLK TRASH ENCLOSURE TRASH ENCLOSUREBNSF R A I L W A Y SECTION LINE 42.5' UE (VARIABLE WIDTH ESMT) 27.5' UE 7' SWLK 28.6' 11' 5.5' BLDG-PL 5.5'5.5' 52.7' 12.2' 26' CURB CUT 26' CURB CUT 26' FIRE LANE SITE TRIANGLE (TYP)SITE TRIANGLE (TYP) R20' R20'R20' CROSSPAN (TYP) CROSSPAN (TYP) R20' 25' UE 5' SWLK 21 DWELLING UNITS 31 DWELLING UNITS 21 DWELLING UNITS 31 DWELLING UNITS LOADING STALL LOADING STALL PROPERTY LINE PROPERTY LINE PROPERTY LINE ELECTRIC CAR CHARGING STATION ZONING: I-1 USE: RAIL LINES ZONING: PUD USE: RESIDENTIAL ZONING: I-1 USE: LIGHT INDUSTRIAL/COMMERCIAL 17' RTD ROW LINE CROSSPAN MAIL KIOSK SIDEWALK CHASE (TYP) HORIZONTAL SCALE: 1" = 3030 30' 0 PR ADA ROUTE (TYP) BIKE RACK (TYP)Page 143 of 361 3 1 8 9 10 11 12 2 N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' S00° 01' 10"E 249.53'S89° 37' 08"W 143.02'S44° 49' 08"W 8.87' S00° 01' 36"W 12.51'S89° 23' 21"E 98.29'R=39.50 L=62.05 Δ=090°00'08" N89° 36' 38"E 4.23' S01° 28' 17"W 11.90'N88° 13' 28"W 455.84'W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYNKnow what'sCallR CALL 2-BUSINESS DAYS IN ADVANCE BEFORE YOU DIG, GRADE OR EXCAVATE FOR THE MARKING OF UNDERGROUND MEMBER UTILITIES. below.before you dig. of5 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO HORIZONTAL SCALE: 1" = 3030 30' 0 2' SETBACK 10' TRAIL ESMT 2' SETBACK 2' SETBACK 10' SETBACK 5' SWLK 7' SWLK 7' SWLK TRASH ENCLOSURE 5' SWLK WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\2 - SITE DEVELOPMENT PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:16 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANSITE DEVELOPMENT PLAN - SOUTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20205 TRASH ENCLOSURE ABOVE GROUND DETENTION POND KEYMAP 1"=300' N POOL MATCHLINE -4SEE SHEET24' DRIVE LANE 26' FIRE LANE 28.5' FIRELANE 26' FIRE LANE 24' DRIVE LANE 24' DRIVE LANE 19' 19' 24' DRIVE LANE 24' DRIVE LANE EX 16' ALLEY 5' SWLK 39.6' FL-FL 5' SWLK 5' SWLK RETAINING WALL W/ GUARDRAIL (TYP) S GALAPAGO ST (ROW VARIES)W DARTMOUTH AVE5.5' SWLK RETAINING WALL W/ GUARDRAIL SECTION LINE BNSF R A I L W A Y EX 16' UE 50.4' UE EX 12.5' ROW 12.2' 12.2' 26.9' 26' 16.5' 23.6' 12.1' 59.3' 11.1' LINETYPE LEGEND PROPOSED EXISTING CENTERLINE OF ROAD HANDRAIL PROPERTY BOUNDARY RETAINING WALL RIGHT-OF-WAY LINE ADA ROUTE SYMBOLS LEGEND BUILDING NUMBER CROSSWALK DOOR STREET SIGN HATCHING LEGEND ADA RAMP CONCRETE PAVING ROOF / OVERHANG SIDEWALK CHASE TRUNCATED DOMES SNOW STORAGE # 24' DRIVEWAY CURB CUT SIGHT DISTANCE TRIANGLE (TYP) SIGHT DISTANCE TRIANGLE (TYP) RETAINING WALL 49.5' UE 5' SETBACK ALLEY TO BE REPAVED WITH THIS PROJECTTREE TO BE REMOVED VARIABLE WIDTH UE 25' UE CLUBHOUSE 21 DWELLING UNITS 21 DWELLING UNITS 21 DWELLING UNITS 30 DWELLING UNITS LOADING STALL LOADING STALL 2' VALLEY PAN PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE PROPERTY LINE ELECTRIC CAR CHARGING STATION ZONING: PUD USE: R-2-B ZONING: M-U-R-3A USE: COMMERCIAL ZONING: R-2-B USE: RESIDENTIAL ZONING: I-1 USE: RAIL LINES DARTMOUTH RIW USE TRANSPORTATION/ CORRIDOR 24' ACCESS ESMT RTD ROW LINE 2 DWELLING UNITS 2 DWELLING UNITS 2 DWELLING UNITS RIPRAP POND OVERFLOW EX TRAIL CONCRETE LANDING (TYP) LIGHTPOLE (TYP)ADA RAMP (TYP) POND MAINTENANCE ACCESS PATH NOTES: 1. COE STANDS FOR CITY OF ENGLEWOOD 2. ALL SIDEWALKS ARE CONCRETE. 3. ALL DRIVING SURFACES ARE ASPHALT. 4. ALL EXISTING EASEMENTS ARE PROPOSED TO BE RELINQUISHED AND THE NEW EASEMENTS AS INDICATED TO BE DEDICATED. 5. ALL INFRASTRUCTURE TO BE REMOVED HAS BEEN TURNED OFF IN THE SITE PLAN EXHIBITS. SEE ALTA SHEETS 24 -31 FOR EXISTING CONDITIONS. 6. ALL PUD SETBACKS FOR THE PROJECT ARE 2'-0'' FROM THE PROPERTY BOUNDARY LINE WITH THE EXCEPTION OF: THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST BATES AVENUE TO WEST CORNELL AVE IS 5'-0''. THE EASTERN SITE BOUNDARY ALONG SOUTH GALAPAGO STREET FROM WEST CORNELL AVENUE TO WEST DARTMOUTH AVENUE IS 10'-0''. THE WESTERN SITE BOUNDARY IS 5'-0''. 2' SETBACK 10' SETBACK PROJECT SIGN MATCH FLOWLINE. CONNECT TO EX C&G. PR ADA ROUTE (TYP) BIKE RACK (TYP) PR FENCE EX 40' CURB CUT LIMITS OF REDEVELOPMENT PR SWALE (TYP) 24' ACCESS ESMT Page 144 of 361 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNSF R A I L W A Y (WIDT H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS.Page 145 of 361 UP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-1204 7 56 F F 0.664' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 4' DIA MH 8" PVC 8" PVC8" PVC 6" PVC6" PVC6" PVC8" PVC 8" PVC 8 " PVC 8" PVC 8" PVC 8" PVC8" PVC8" PVC4' DIA MH8" PVCFH 6" DIP 8 " PVC 8" PVC 8" PVC8" PVC8" PVC 8" PVC8" PVC8" PVC 8" PVC 8" PVC 8" PVC 8" PVC 6" FIRE SVC 2" WAT SVC 6" FIRE SVC FH6" DIP8" GV 8" GV FDC FDC FDC 2" WAT SVC 2" WAT SVC 6" FIRE SVC 6" FIRE SVC 2" WAT SVC FDC ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) POND A STORMTECH UNDERGROUND DETENTION CHAMBER (SEE CONSTRUCTION PLANS) ROOF DRAIN (SEE SHEET C9.70) INLET TYPE 13 SINGLE COMBO 5' TYPE R INLET 6' DIA WQ MH BARRACUDA STRCT 4' DIA MH 5' TYPE R INLET (PUBLIC)15" RCP EX 4' DIA MH EX 18" RCP CONNECT TO EX 8" WAT 4' DIA MH 15" RCP 12" PVC TYPE C INLET 12" PVC4' DIA MH 12" PVC 4' DIA MH 6' DIA MH BAYSAVER BARRACUDA 5' TYPE R INLET INLET TYPE 13 SINGLE COMBO 15" RCP 4' DIA MH 6' DIA MH BAYSAVER BARRACUDA 18" RCP 5' TYPE R INLET 15" RCP5' TYPE R INLET 12" PVC 12" INLET LS 4' DIA MH 42.54' UE 27.61' UE 15' UE 8" GV 25' UE 25' UE 15' UE 25' UE 15' UE 25' UE 8" GV 8" GV R=3880.71L=170.27Δ=002°30'50" R=5779.65L=101.70Δ=001°00'29" N00° 04' 28"W 12.19'N89° 42' 45"E 88.62'EX 30' UE S GALAPAGO STW BATES AVE5302 53025303 53 0 2 5303 5302 5302530253 0 2 530353035302 5303 5303 5 3 0 2 53025303530453045304 5 304 5304 53025302 530 2 5302 5304 5303 5304 5303 POND B STORMTECH UNDERGROUND DETENTION CHAMBER (SEE CONSTRUCTION PLANS) CHARGE STATION 12" INLET LS 8" PVC 12" INLET LS 8" PVC 12" INLET LS 8" PVC 8" PVC 8" PVC 8" PVC 12" INLET LS 12" INLET LS 8" PVC8" PVC 8" PVC 8" PVC 8" PVC 12" INLET LS 12" INLET LS 15" RCP 8" PVC 4' DIA MH 15" RC P SINGLE No. 16 VALLEY INLET 8" PVC 8" PVC 8" PVC 5' TYPE R INLET 15" RCP 8'' PVC 18" RCP 15" RCP 6" PVC 8" PVC 8" PVC 8" PVC 8" P V C 12" INLET LS 18" RCP8'' PVC8'' PVC8'' PVC15" RCP 8" PVC TYPE C INLET 8" P V C 5' TYPE R INLET 12" INLET LS 8'' PVC 8'' PVC 8'' PVC 8'' PVC 8'' PVC 12'' PVC 2'' PVC FORCE MAIN (TYP) 53035302 5302 5301 5302 5302 5303530353025303 5302 5303 5303 5303 5302 5303 5302 5302 5303 53 0 3 530 3 6" PVC UNDERDRAIN 4'' PVC UNDERDRAIN 12" INLET LS 8'' PVC 12" INLET LS 8'' PVC 12" INLET LS 12'' PVC 12" PVCSINGLE No. 16 VALLEY INLET 8'' PVC 8'' PVC 2'' PVC FORCE MAIN 53025 3 0 2 5302 W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYHORIZONTAL SCALE: 1" = 3030 30' 0MATCHLINE -8SEE SHEETNKEYMAP 1"=300' N LINETYPE LEGEND PROPOSED EXISTING FIRE SERVICE GAS LINE OVERHEAD POWER SANITARY SEWER STORM SEWER WATER LINE SYMBOLS LEGEND CLEANOUT CURB STOP/ CORP STOP ELECTRIC METER FIRE DEPARTMENT CONNECTION FIRE HYDRANT GAS METER GATE VALVE LIGHT POLE ROOF DRAIN SANITARY MANHOLE STORM INLET STORM MANHOLE TRANSFORMER F F F F F F F EM EM GM GM RD T WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6-7 - OVERALL GRADING & UTILTY PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:17 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANOVERALL GRADING & UTILTY PLAN - NORTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20207 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: BENCHMARK: THE BENCHMARK USED FOR THIS SURVEY IS CITY OF DENVER BENCHMARK 46. A CCD BRASS CAP AT THE NORTHEAST CORNER OF SOUTH BROADWAY AND EAST YALE AVENUE. ELEV=5296.86 NAVD 88 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO of7 32 Page 146 of 361 W DARTMOUTH AVE W CORNELL AVE W BATES AVE S GALAPAGO STBNSF RAILWAYEM UPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUNIT 2B.0 (TYPE A)2 /A5-220C CUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP UP 12344321FILING 3 1 8 9 10 11 12 2 F FFFFFFFFFFFFFF°115458" CO 4' DIA MH EX 4' DIA MH 8" CO 4' DIA MH 4' DIA MH 4' DIA MH DEEP MH W/ PLATFORM 4' DIA MH DEEP MH W/ PLATFORM EX 4' DIA MH 4' DIA MH 6" CO 8" CO EX 4' DIA MH 6" PVC8" PVC8" PVC8" PVC 6" PVC 6" PVC 6" PVC 8" PVC 6" PVC8" PVC6" PVC8" PVC8" PVC8" PVC 8" PVC8" PVC8" PVC 8" PVC EX 24"EX 24"EX 24"EX 24" 8" PVC 8" PVC 8" PVC 8" PVC 6" DIP FH 8" PVC8" PVC 8" PVC 8" PVC 8" PVC 2" WAT SVC 6" FIRE SVC6" FIRE SVC 2" WAT SVC 6" DIP FH 2" WAT SVC 6" FIRE SVC 8" PVC8" PVC1 1/4" WAT SVC 1 1/4" WAT SVC 1 1/4" WAT SVC 6" FIRE SVC2" WAT SVC FDC 6" GV 6" GV 6" GV6" GV FH 6" DIP 2" WAT SVC 6" FIRE SVC FH 6" DIPROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) ROOF DRAIN (SEE SHEET C9.70) FDC INLET TYPE 13 15" RCP5' DIA MH 18" RCP 5' DIA MH 18" RCP INLET TYPE 13 15" RCP 4' DIA MH12" PVC18" RCP 5' TYPE R INLET 4' DIA MH 18" RCP 6' DIA MH 36" RCP 36" RCP 5' TYPE R INLET 36" RCP6' DIA MH 36" RC P 4' DIA MH (PUBLIC) 15" RCP POND OUTLET (SEE SHEET C11.10 FOR DETAIL)15" RCP15" RCP 4' DIA MH (PUBLIC) EX TYPE CEX 18" RCP24" RCP 5' TYPE R INLET 24" RCPDOUBLE No. 16 VALLEY INLET 18" RCP 5' DIA MH 18" RCP INLET TYPE 13 SINGLE COMBO 8'' X 12'' TEE WITH 8'' CO 4' DIA MH 6' DIA MH 4' DIA MH EX 15" RCP EX 4' DIA MH EX 1 5 " R C P 4' DIA MH EX 15" RCPEX 4' DIA MH 5' TYPE R INLET EX 15" RCP EX 4' DIA MH EX GAS LINE FDC 42.54' UE GAS LINE EX GAS LINE 27.61' UE 25' UE 10 TRAIL ESMT 25' UE 12" INLET LS 12" INLET LS 8" GV 8" GV 8" GV 36.5' UE S00° 01' 10"E 249.53'S89° 37' 08"W 143.02'N00° 01' 36"E 167.23' S44° 49' 08"W 8.87' S00° 01' 36"W 12.51' N89° 36' 38"E 4.23' S01° 28' 17"W 11.90'S89° 23' 21"E 98.29'R=39.50L=62.05Δ=090°00'0 8 " S00° 35' 00"W 8.48'N88° 13' 28"W 455.84'N18° 2 3 ' 1 4 " E 9 8 8 . 4 1 ' EX 4' DIA MH EX GAS LINE 49.4' UE50.1' UE S89° 39' 19"W 3.21' S45° 11' 26"W 14.19'W CORNELL AVES GALAPAGO ST W DARTMOUTH AVE53 0 2 53015301 5299 529852975 2 9 6 52 9 5 52945300 5300 5299 5300 5302 5302 5 3 0 3 530353 0 0 5299 530253025301 53005 3 0 0 5302 5301529952975296529552955296 529052945292528852955295529752995299529852975300 53035302 5302 5302 5302 5302 52965295POND C (SEE CONSTRUCTION PLANS) CHARGE STATION CHARGE STATION SINGLE No. 16 VALLEY INLET 5302 15" RCP 5303 5302 5303 5 3 0 3 5303 5304 5 3 0 2 5302 5302 5303 5302530253035302 5301 5 3 0 2 5302 5302 530 2 530153005303 5302 5301 53035302 530253015300 53005301 5301 53005300530253015300 5299 5300 5 3 0 1 52985300 5296529552945293529252915290528952895289 5288 5301 5301 530153015301 5301 53 0 3 5302 5301 530 1 53025301530053008'' PVC 8'' PVC8'' PVC 12'' PVCINLET TYPE 13 8'' PVC8'' PVC8'' PVC8" PVC 8" PVC 12" INLET LS 8" PVC 6" PVC 12" INLET LS 12" INLET LS 12'' PVCEX 8" PVC 8'' PVC 8'' PVC 8'' PVC 8'' PVC8'' PVC15" RCP 5' DIA MH 24" RCP 15" RCP 18" RCP8" PVC8'' PVC8'' PVC8'' PVC 8'' PVC HORIZONTAL SCALE: 1" = 3030 30' 0NKEYMAP 1"=300' N MATCHLINE -7SEE SHEETLINETYPE LEGEND PROPOSED EXISTING FIRE SERVICE GAS LINE OVERHEAD POWER SANITARY SEWER STORM SEWER WATER LINE SYMBOLS LEGEND CLEANOUT CURB STOP/ CORP STOP ELECTRIC METER FIRE DEPARTMENT CONNECTION FIRE HYDRANT GAS METER GATE VALVE LIGHT POLE ROOF DRAIN SANITARY MANHOLE STORM INLET STORM MANHOLE TRANSFORMER F F F F F F F EM EM GM GM RD T WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6-7 - OVERALL GRADING & UTILTY PLAN.dwg Plotted by: Jeff Falzarano Date: 9/25/2020 10:18 AMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANOVERALL GRADING & UTILTY PLAN- SOUTHDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20208 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: BENCHMARK: THE BENCHMARK USED FOR THIS SURVEY IS CITY OF DENVER BENCHMARK 46. A CCD BRASS CAP AT THE NORTHEAST CORNER OF SOUTH BROADWAY AND EAST YALE AVENUE. ELEV=5296.86 NAVD 88 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO of8 32 Page 147 of 361 FFFFFFFFF TTTTUPUPDNUPUPUPUPDNGALAPAGO STREETRAIL LINES &SANTA FE DRIVE1 JSC15 SAJ15 SAJ1 UAL1 ACM10 HEM10 HRC15 SAJDIRECTIONALSIGN(8) BIKE PARKING STALLS(8) BIKE PARKING STALLS(8) BIKE PARKING STALLS(8) BIKE PARKINGSTALLS(8) BIKE PARKINGSTALLSFUTURE TRAILEASEMENT3 PAS2 PAS1 MAD1 ZGV1 ACM1 ARM1 QUB1 GTS2 GTS1 GTS2 GDE2 GDE4 JSSTYPE 1SECURITY FENCESHT. 10BTYP. OF 4TRASH ENCLOSURESHT. 10ATYP. OF 4TRASH ENCLOSURESHT. 10ABIKE RACKSSHT. 10CPLANTINGDECIDUOUS TREESHT.10DPLANTINGEVERGREEN TREESHT.10E3 ARMBUILDING 7BUILDING 4BUILDING 5BUILDING 6MATCHLINE SEE SHEET 9 MATCHLINE SEE SHEET 8Total Site Area 288,842 sfRequired RLA = 72,210Provided RLA = 62,975 s.f.Non-Living material = 21,663 s.f.Street Frontage 914 l.f.Total Required Trees (TRT) = 116Total Required Shrubs (TRS) = 722TRT Between Principal Structure and Curb = 58TRS Between Principal Structure and Curb = 217IRRIGATED SOD(3 TYPE BLUEGRASS HYBRID BLEND W/20% TEXAS BLUEGRASS)9,315 S.F.GRAVEL MULCHCOLOR: WHITE COBBLESTONESIZE RANGE: 2-4"35,990 S.F.STEEL EDGER (6" ht. / 7gauge min.)NATIVE SEED15, 225 S.F.ARTIFICIAL TURFGRASSSYNLAWN BLUEGRASS OR EQUAL665 S.F.C.I.P. CONCRETE SCREEN WALLBOARDFORM FINISHSECURITY FENCETYPE 1: 8 FT. HEIGHTTYPE 2: 5 FT. HEIGHTPROPERTY LINE8 FT. FIXED BENCH ON CONCRETE PADTRASH & RECYCLING RECEPTACLEPET TRASH BAG DISPENSERC.I.P. CONCRETE MONUMENT SIGNBY OTHERSDECOMPOSED GRANITE PAVING4" DEPTH1,780 S.F.INTEGRAL COLORED CONCRETEPAVING3,125 S.F.BIKE RACKTABLE AND UMBRELLADIRECTIONAL SIGNAGE, BY OTHERSPLANTING POTLANDSCAPE LEGENDMATERIALS LEGENDLANDSCAPE DATACRANE RELICSEVERGREEN SHRUB LISTQTY = 24836 JHW JUNIPERUS HOR.WILTON CARPET 5 GAL. 4-6"6-10' 'WILTONI'JUNIPER70 JHB JUNIPERUS HOR.BUFFALO JUNIPER5 GAL 1-2'5-6''BUFFALO'43 JCC JUNIPERUS SABINA CALGARY CARPET5 GAL 1.5-2' 3-4''CALGARY CARPET' JUNIPER81 LVL LIGUSTRUM VUL.LODENSE PRIVET5 GAL. 2-3'3-4''LODENSE'18 PMM PINUS MUGO'MOPS' MOPS MUGO PINE5 GAL. 2.5-3' 2.5-3'ORNAMENTAL TREESQTY = 18 TOTAL4 ARM ACER GRANDIDENTATUM ROCKY MOUNTAIN 2.5" CAL. 20-25' 12-15''ROCKY MOUNTAIN GLOW' BIGTOOTH GLOW MAPLE5 MAD MALUS 'ADIRONDACK' ADIRONDACK CRABAPPLE 2.5" CAL. 12'6'5 PCC PRUNUS CERASIFERA CRIMSON POINT PLUM 2.5" CAL. 20-30' 8-10''CIPRIOZAM'4 PYC PYRUS CALLERYANA CHANTICLEER PEAR 2.5" CAL. 40'15''CHANTICLEER'QTYSYMBOTANIC NAMECOMMON NAMESIZEHEIGHTWIDTHDECIDUOUS TREESQTY = 39 TOTAL5 ACF ACER FREEMANIIAUTUMN BLAZE MAPLE 3" CAL. / B&B 40-50' 20-30'2 ACM ACER MIYABEISTATE STREET MAPLE 3" CAL 40-50' 20-30''MORTONS'4 GTS GLEDITSIA TRIACANTHOS SKYLINE HONEYLOCUST 3" CAL./B&B 40-50' 35-45'INERMIS 'SKYCOLE'7 GDE GYMNOCLADUS DIOICA ESPRESSO KENTUCKY 3" CAL./B&B 50-60' 30-35''ESPRESSO'COFFEETREE4 PLO PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 3" CAL./B&B 50-60' 30-35'4 QUB QUERCUS BUCKLEYI TEXAS RED OAK3" CAL./B&B 40-50'' 25-30'6 QUR QUERCUS MACROCARPA CHINKAPIN OAK3" CAL./B&B 40-50' 40-50'5 ULA ULMUS 'ACCOLADE' ACCOLADE ELM3" CAL./B&B 50-60' 30-35'2 ZVG ZELKOVA SERRATA VILLAGE GREEN ZELKOVA 3" CAL / B&B XX-XX' XX-XX''VILLAGE GREEN'EVERGREEN TREESQTY = 20 TOTAL3 JSC JUNIPERUS SCOPULORUM COLORGREEN JUNIPER 6' HT. 16-20' 8-12''COLOGREEN'7 JSS JUNIPERUS SCOPULORUM SKYROCKET JUNIPER 6' HT. 15-20' 3-4''SKYROCKET'3 PPF PICEA PUNGENS COLUMNAR SPRUCE 6' HT. 40'10' 'FASTIGIATA'7 PAS PINUS NIGRAARNOLD'S SENTINEL 6' HT. 25'7''ARNOLD'S SENTINEL' COLUMNAR AUSTRIAN PINEQTY = 745DECIDUOUS SHRUBS9 ARC ARCTOSTAPHYLUS MOCK BEARBERRY 5 GAL. 1-2'3-4'X COLORADENSISMANZANITA25 ABR ARONIA ARBUTIFOLIA RED BRILLIANT 5 GAL. 6-10' 4-6''BRILLIANTISSIMA'CHOKEBERRY9 BMM BUDDLEIA 'MISS MOLLY' MISS MOLLY BUTTERFLY 5 GAL. 5'5'BUSH28 CAI CARYOPTERIS X INCANA BLUE MIST SPIREA5 GAL. 3-4'2-3'14 CPB CERASUS PUMILA BESSEYI SANDCHERRY5 GAL. 5-6'5-682 CSF CORNUS STOLONIFERA ARCTIC FIRE DOGWOOD 5 GAL. 3-4'3-4''FARROW'59 CYP CYTISUS PURGANS SPANISH GOLD BROOM 5 GAL. 3-4'5-6'49 EAC EUONYMUS ALTA DWARF BURNING BUSH 5 GAL. 5-6'5-6''COMPACTUS'14 FON FORESTIERA NEOMEXICANA NEW MEXICO PRIVET 5 GAL. 12-18' 8-12'30 MAR MAHONIA REPENSCREEPING OREGON 5 GAL 1-2'2-3'GRAPE HOLLY27 PEA PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE5 GAL. 4-5'4-5'16 PHM PHYSOCARPUS MONO. MOUNTAIN NINEBARK 5 GAL. 3-4'3-4'113 PPB PRUNUS BESSEYIPAWNEE BUTTES WESTERN 5 GAL. 1-2'5-6''PAWNEE BUTTES'SAND CHERRY13 PRG PRUNUS GLANDULOSA PINK FLOWERING ALMOND 5 GAL. 4-6'4-6'52 RGL RHUS AROMATICA GRO-LOW SUMAC5 GAL. 2-3'6-8''GROW-LOW'30 RHT RHUS TRILOBATAAUTUMN AMBER SUMAC 5 GAL. 10-14" 6-8'33 RIA RIBES ALPINUMALPINE CURRANT5 GAL. 3-5'3-5'107 SPG SPIREA X BUMALDA GOLDFLAME SPIREA 5 GAL. 3-4'4-5''GOLDFLAME'19 SMK SYRINGA PUBESCENS MISS KIM LILAC5 GAL. 4-6'5-7''MISS KIM'30 VMM VIBURNUM BUREJAETICUM MINI MAN DWARF 5 GAL. 4-6'4-6'VIBURNUMORNAMENTAL GRASSESQTY = 711154 BBA BOUTELOUA GRACILIS BLOND AMBITION1 GAL. 20-24" 20-24"'BLOND AMBITION'BLUE GRAMA157 CAB CALAMAGROSTIS KOREAN FEATHER1 GAL. 3-4'3'BRACHYTRICHAREED GRASS30 HES HELICTOTRICHON BLUE OAT GRASS1 GAL. 20-24" 2-4'SEMPERVIRENS14 MSG MISCANTHUS SINENIS MAIDEN GRASS1 GAL. 5-6'5-6''GRACILLIMUS'77 MSD MISCANTHUS SINENIS DWARF VARIEGATED 1 GAL. 2-3'3-4''DIXIELAND'MAIDEN GRASS30 MUR MUHLENBERGIA UNDAUNTED1 GAL. 15-18" 18-24"REVERCHONIIMUHLY GRASS123 PAH PENNISETUM ALOP. DWARF FOUNTAIN 1 GAL. 2-3'2-3''HAMELN'GRASS40 SCS SCHIZACHYRIUMLITTLE BLUESTEM1 GAL. 2-3'2'SCOPARIUM99 SPH SPOROBOLUS PRAIRIE DROP SEED 1 GAL. 1.5-2' 18-24"HETEROLEPISPERENNIALSQTY = 2376 AMO ACHILLEA X 'MOONSHINE'MOONSHINE YARROW 1 GAL. 18"-24" 12" 6 APO ACHILLEA X 'POMEGRANATE' TUTTI FRUTTI YARROW 1 GAL. 18"-24" 18-24"8 ACS ARABIS CAUCASICA 'SNOWCAP' WHITE ALPINE ROCKCRESS 1 GAL.5 DME DELASPERMA 'KELAIDIS'MESA VERDE ICEPLANT 1 GAL.18 HEM HEMEROCALLISJOLYENE NICHOLE DAYLILY 1 GAL. 13-14" 18-24"'JOLYENE NICHOLE'9 HRC HEMEROCALIS 'ROCKET CITY' ROCKET CITY DAYLILY 1 GAL. 24-36" 24-30"9 HHY HEMEROCALLIS X 'HYPERION' HYPERION DAYLILY 1 GAL. 18"24-30"6 ISI IRIS SIBERICASIBERIAN IRIS1 GAL.32 LXI LAVANDULA X INTERMEDIA PHENOMENAL LAVENDER 1 GAL. 24-36" 24-30"PHENOMENAL12 LXS LEUCHANTHEMUM X SHASTA DAISY1 GAL. 2-3'2'SUPERBUM32 RHI RUDBECKIA HIRTABLACK-EYED SUSAN 1 GAL. 24-36" 12-24"16 SOF SALVIA OFFICINALISPURPLE SAGE1 GAL. 12-24" 12-18"'PURPURASCENS'30 SAJ SEDUM 'AUTUMN JOY'AUTUMN JOY STONECROP 1 GAL. 18-24" 18-24"32 VIN VINCA MINOR 'BOWLES'BOWLES BLUE VINCA 1 GAL. 6"-8" 12"-24"LANDSCAPE SCHEDULEGENERAL LANDSCAPE NOTES:1. ALL LANDSCAPING AND PLANTS TO BE LOCATED NOT TO INTERFERE WITH EXISTING OR PROPOSED UTILITIES CONTRACTOR SHALL VERIFY LOCATION OF ALLUNDERGROUND UTILITIES, LINES AND STRUCTURES PRIOR TO EXCAVATION OR TRENCHING. DAMAGE TO THESE UTILITIES SHALL BE REPAIRED BY THECONTRACTOR AT NO COST TO THE OWNER OR LANDSCAPE ARCHITECT.2. ALL PLANT MATERIALS SHALL BE IN ACCORDANCE WITH AAN (AMERICAN ASSOCIATION OF NURSERYMEN) SPECIFICATIONS FOR NUMBER ONE GRADE.3. PLANT QUANTITIES SHOWN FOR INFORMATION PURPOSES ONLY, CONTRACTOR TO VERIFY ALL QUANTITIES.4. ALL TREE AND SHRUB LOCATIONS SHALL BE STAKED BY CONTRACTOR AND APPROVED BY LANDSCAPE ARCHITECT.5. PLANT SUBSTITUTIONS WILL NOT BE PERMITTED WITHOUT APPROVAL FROM LANDSCAPE ARCHITECT.6. PLANTS SHALL BE INSTALLED IMMEDIATELY UPON DELIVERY TO SITE, IF THIS IS NOT POSSIBLE, PLANTS SHALL BE HEELED IN AND WATERED TO PREVENTDEHYDRATION.7.SOIL AMENDMENT:SOD AREAS - 4 C.Y. PER 1,000 S.F. OF COMPOST TILLED INTO 4" OF EXISTING SOIL. APPLY DIAMONIUM PHOSPHATE (18-46-0) AT ONE HUNDRED (100) POUNDSNITROGEN PER ACRE.SHRUB AND PLANTING BEDS - 4" OF COMPOST TILLED INTO 6" OF EXISTING SOIL.ACCEPTABLE PRODUCT: CLASS I COMPOST. COMPOSTED MATERIAL SHALL CONSIST OF AGED ORGANIC MATTER, FREE OF WEED OR OTHER NOXIOUS PLANTSEEDS, LUMPS, STONES, OR OTHER FOREIGN CONTAMINANTS HARMFUL TO PLANT LIFE, AND HAVING THE FOLLOWING CHARACTERISTICS BASED ON ANUTRIENT TEST PERFORMED NO LONGER THAN 3 MONTHS PRIOR TO ITS INCORPORATION INTO THE PROJECT:A. ORGANIC MATTER: 25% MINIMUM.B. SALT CONTENT: 5.0 MMHOS/CM MAXIMUMC. PH: 7.5 MAXIMUM.D. CARBON TO NITROGEN RATIO OF 10:1 TO 20:18. SOD TO BE REPLACED OVER ALL TRENCHED IRRIGATION LINES.9. INSTALL 4" OF ORGANIC WOOD MULCH IN EXISTING PLANTING BEDS AND TREE PLANTING PITS THAT HAVE BEEN DISTURBED OR ENLARGED. MULCH TO MATCHEXISTING.10. ALL DAMAGED OR DEAD PLANT MATERIAL TO BE REPLACED. CONTRACTOR TO PROVIDE WATER THROUGHOUT CONSTRUCTION PERIOD.830SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE PLAN DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 82245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.07040 15'30'30'60'N O R T HScale:LANDSCAPE PLAN1" = 30'-0"A99 of 32Page 148 of 361 TT FFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFF F F F F F F F F F F F F F F FFFFFFFFFT T T TTEMGMGMGMEMEMUPUPDNDNUPUPUPUPUPCCWCRAIL LINES & SANTA FE DRIVEGALAPAGO STREET2 PPF1 QUR2 MAD1 QUR1 PLO32 VIN1 QUB1 ZGV2 UAL8 HEM8 HRC1 UAL2 POL2 GDE1 GDE3 ACF2 ACF1 UAL4 AMO5 DMEMONUMENT SIGNDIRECTIONALSIGN(8) BIKE PARKINGSTALLS(8) BIKE PARKINGSTALLS(4) BIKE PARKINGSTALLS(8) BIKE PARKING STALLS(4) BIKE PARKINGSTALLS(4) BIKE PARKINGSTALLSDOGPARKDIRECTIONALSIGNDETENTIONPONDFUTURE TRAILEASEMENT1 PYC1 PYC1 PCC1 PCC1 MAD1 PYC5 HEM5 HRC1 PAS2 QUR2 QUB1 GTS1 MAD1 PAS3 JSS1 POL2 QURBIKE RACKSSHT.10CTYP. OF 4TRASH ENCLOSURESHT.10ATYPE 1FENCESECURITYSHT.10BTYP. OF 4TRASH ENCLOSURESHT.10APLANTINGDECIDUOUS TREESHT.10DPLANTINGEVERGREEN TREESHT.10ETYPE 2FENCESECURITYSHT.10BTYPE 2FENCESECURITYSHT.10BBUILDING 8BUILDING 9BUILDING 12BUILDING 11BUILDING 10 BUILDING 2CLUBHOUSEBUILDING 3MATCHLINE SEE SHEET 9MATCHLINE SEE SHEET 8 STEEL EDGER (6" ht. / 7gauge min.)C.I.P. CONCRETE SCREEN WALLBOARDFORM FINISHSECURITY FENCETYPE 1: 8 FT. HEIGHTTYPE 2: 5 FT. HEIGHTPROPERTY LINE8 FT. FIXED BENCH ON CONCRETE PADTRASH & RECYCLING RECEPTACLEPET TRASH BAG DISPENSERC.I.P. CONCRETE MONUMENT SIGNBY OTHERSBIKE RACKTABLE AND UMBRELLADIRECTIONAL SIGNAGE, BY OTHERSPLANTING POTLANDSCAPE LEGENDCRANE RELICSEVERGREEN SHRUB LISTQTY = 24836 JHW JUNIPERUS HOR.WILTON CARPET 5 GAL. 4-6"6-10' 'WILTONI'JUNIPER70 JHB JUNIPERUS HOR.BUFFALO JUNIPER5 GAL 1-2'5-6''BUFFALO'43 JCC JUNIPERUS SABINA CALGARY CARPET5 GAL 1.5-2' 3-4''CALGARY CARPET' JUNIPER81 LVL LIGUSTRUM VUL.LODENSE PRIVET5 GAL. 2-3'3-4''LODENSE'18 PMM PINUS MUGO'MOPS' MOPS MUGO PINE5 GAL. 2.5-3' 2.5-3'ORNAMENTAL TREESQTY = 18 TOTAL4 ARM ACER GRANDIDENTATUM ROCKY MOUNTAIN 2.5" CAL. 20-25' 12-15''ROCKY MOUNTAIN GLOW' BIGTOOTH GLOW MAPLE5 MAD MALUS 'ADIRONDACK' ADIRONDACK CRABAPPLE 2.5" CAL. 12'6'5 PCC PRUNUS CERASIFERA CRIMSON POINT PLUM 2.5" CAL. 20-30' 8-10''CIPRIOZAM'4 PYC PYRUS CALLERYANA CHANTICLEER PEAR 2.5" CAL. 40'15''CHANTICLEER'QTYSYMBOTANIC NAMECOMMON NAMESIZEHEIGHTWIDTHDECIDUOUS TREESQTY = 39 TOTAL5 ACF ACER FREEMANIIAUTUMN BLAZE MAPLE 3" CAL. / B&B 40-50' 20-30'2 ACM ACER MIYABEISTATE STREET MAPLE 3" CAL 40-50' 20-30''MORTONS'4 GTS GLEDITSIA TRIACANTHOS SKYLINE HONEYLOCUST 3" CAL./B&B 40-50' 35-45'INERMIS 'SKYCOLE'7 GDE GYMNOCLADUS DIOICA ESPRESSO KENTUCKY 3" CAL./B&B 50-60' 30-35''ESPRESSO'COFFEETREE4 PLO PLATANUS OCCIDENTALIS AMERICAN SYCAMORE 3" CAL./B&B 50-60' 30-35'4 QUB QUERCUS BUCKLEYI TEXAS RED OAK3" CAL./B&B 40-50'' 25-30'6 QUR QUERCUS MACROCARPA CHINKAPIN OAK3" CAL./B&B 40-50' 40-50'5 ULA ULMUS 'ACCOLADE' ACCOLADE ELM3" CAL./B&B 50-60' 30-35'2 ZVG ZELKOVA SERRATA VILLAGE GREEN ZELKOVA 3" CAL / B&B XX-XX' XX-XX''VILLAGE GREEN'EVERGREEN TREESQTY = 20 TOTAL3 JSC JUNIPERUS SCOPULORUM COLORGREEN JUNIPER 6' HT. 16-20' 8-12''COLOGREEN'7 JSS JUNIPERUS SCOPULORUM SKYROCKET JUNIPER 6' HT. 15-20' 3-4''SKYROCKET'3 PPF PICEA PUNGENS COLUMNAR SPRUCE 6' HT. 40'10' 'FASTIGIATA'7 PAS PINUS NIGRAARNOLD'S SENTINEL 6' HT. 25'7''ARNOLD'S SENTINEL' COLUMNAR AUSTRIAN PINEQTY = 745DECIDUOUS SHRUBS9 ARC ARCTOSTAPHYLUS MOCK BEARBERRY 5 GAL. 1-2'3-4'X COLORADENSISMANZANITA25 ABR ARONIA ARBUTIFOLIA RED BRILLIANT 5 GAL. 6-10' 4-6''BRILLIANTISSIMA'CHOKEBERRY9 BMM BUDDLEIA 'MISS MOLLY' MISS MOLLY BUTTERFLY 5 GAL. 5'5'BUSH28 CAI CARYOPTERIS X INCANA BLUE MIST SPIREA5 GAL. 3-4'2-3'14 CPB CERASUS PUMILA BESSEYI SANDCHERRY5 GAL. 5-6'5-682 CSF CORNUS STOLONIFERA ARCTIC FIRE DOGWOOD 5 GAL. 3-4'3-4''FARROW'59 CYP CYTISUS PURGANS SPANISH GOLD BROOM 5 GAL. 3-4'5-6'49 EAC EUONYMUS ALTA DWARF BURNING BUSH 5 GAL. 5-6'5-6''COMPACTUS'14 FON FORESTIERA NEOMEXICANA NEW MEXICO PRIVET 5 GAL. 12-18' 8-12'30 MAR MAHONIA REPENSCREEPING OREGON 5 GAL 1-2'2-3'GRAPE HOLLY27 PEA PEROVSKIA ATRIPLICIFOLIA RUSSIAN SAGE5 GAL. 4-5'4-5'16 PHM PHYSOCARPUS MONO. MOUNTAIN NINEBARK 5 GAL. 3-4'3-4'113 PPB PRUNUS BESSEYIPAWNEE BUTTES WESTERN 5 GAL. 1-2'5-6''PAWNEE BUTTES'SAND CHERRY13 PRG PRUNUS GLANDULOSA PINK FLOWERING ALMOND 5 GAL. 4-6'4-6'52 RGL RHUS AROMATICA GRO-LOW SUMAC5 GAL. 2-3'6-8''GROW-LOW'30 RHT RHUS TRILOBATAAUTUMN AMBER SUMAC 5 GAL. 10-14" 6-8'33 RIA RIBES ALPINUMALPINE CURRANT5 GAL. 3-5'3-5'107 SPG SPIREA X BUMALDA GOLDFLAME SPIREA 5 GAL. 3-4'4-5''GOLDFLAME'19 SMK SYRINGA PUBESCENS MISS KIM LILAC5 GAL. 4-6'5-7''MISS KIM'30 VMM VIBURNUM BUREJAETICUM MINI MAN DWARF 5 GAL. 4-6'4-6'VIBURNUMORNAMENTAL GRASSESQTY = 711154 BBA BOUTELOUA GRACILIS BLOND AMBITION1 GAL. 20-24" 20-24"'BLOND AMBITION'BLUE GRAMA157 CAB CALAMAGROSTIS KOREAN FEATHER1 GAL. 3-4'3'BRACHYTRICHAREED GRASS30 HES HELICTOTRICHON BLUE OAT GRASS1 GAL. 20-24" 2-4'SEMPERVIRENS14 MSG MISCANTHUS SINENIS MAIDEN GRASS1 GAL. 5-6'5-6''GRACILLIMUS'77 MSD MISCANTHUS SINENIS DWARF VARIEGATED 1 GAL. 2-3'3-4''DIXIELAND'MAIDEN GRASS30 MUR MUHLENBERGIA UNDAUNTED1 GAL. 15-18" 18-24"REVERCHONIIMUHLY GRASS123 PAH PENNISETUM ALOP. DWARF FOUNTAIN 1 GAL. 2-3'2-3''HAMELN'GRASS40 SCS SCHIZACHYRIUMLITTLE BLUESTEM1 GAL. 2-3'2'SCOPARIUM99 SPH SPOROBOLUS PRAIRIE DROP SEED 1 GAL. 1.5-2' 18-24"HETEROLEPISPERENNIALSQTY = 2376 AMO ACHILLEA X 'MOONSHINE'MOONSHINE YARROW 1 GAL. 18"-24" 12" 6 APO ACHILLEA X 'POMEGRANATE' TUTTI FRUTTI YARROW 1 GAL. 18"-24" 18-24"8 ACS ARABIS CAUCASICA 'SNOWCAP' WHITE ALPINE ROCKCRESS 1 GAL.5 DME DELASPERMA 'KELAIDIS'MESA VERDE ICEPLANT 1 GAL.18 HEM HEMEROCALLISJOLYENE NICHOLE DAYLILY 1 GAL. 13-14" 18-24"'JOLYENE NICHOLE'9 HRC HEMEROCALIS 'ROCKET CITY' ROCKET CITY DAYLILY 1 GAL. 24-36" 24-30"9 HHY HEMEROCALLIS X 'HYPERION' HYPERION DAYLILY 1 GAL. 18"24-30"6 ISI IRIS SIBERICASIBERIAN IRIS1 GAL.32 LXI LAVANDULA X INTERMEDIA PHENOMENAL LAVENDER 1 GAL. 24-36" 24-30"PHENOMENAL12 LXS LEUCHANTHEMUM X SHASTA DAISY1 GAL. 2-3'2'SUPERBUM32 RHI RUDBECKIA HIRTABLACK-EYED SUSAN 1 GAL. 24-36" 12-24"16 SOF SALVIA OFFICINALISPURPLE SAGE1 GAL. 12-24" 12-18"'PURPURASCENS'30 SAJ SEDUM 'AUTUMN JOY'AUTUMN JOY STONECROP 1 GAL. 18-24" 18-24"32 VIN VINCA MINOR 'BOWLES'BOWLES BLUE VINCA 1 GAL. 6"-8" 12"-24"LANDSCAPE SCHEDULETotal Site Area 288,842 sfRequired RLA = 72,210Provided RLA = 62,975 s.f.Non-Living material = 21,663 s.f.Street Frontage 914 l.f.Total Required Trees (TRT) = 116Total Required Shrubs (TRS) = 722TRT Between Principal Structure and Curb = 58TRS Between Principal Structure and Curb = 217IRRIGATED SOD(3 TYPE BLUEGRASS HYBRID BLEND W/20% TEXAS BLUEGRASS)9,315 S.F.GRAVEL MULCHCOLOR: WHITE COBBLESTONESIZE RANGE: 2-4"35,990 S.F.NATIVE SEED15, 225 S.F.ARTIFICIAL TURFGRASSSYNLAWN BLUEGRASS OR EQUAL665 S.F.DECOMPOSED GRANITE PAVING4" DEPTH1,780 S.F.INTEGRAL COLORED CONCRETEPAVING3,125 S.F.MATERIALS LEGENDLANDSCAPE DATA0 15'30'30'60'N O R T H930SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE PLAN DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 92245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.0704Scale:LANDSCAPE PLAN1" = 30'-0"A1010 of 32Page 149 of 361 2X ROOTBALL DIA.SCARIFY ALL SIDESROOT CROWN 2" ABOVE GRADEMULCHPLANT PIT BACKFILL MATERIALSUBGRADECOMPLETELY REMOVE WIRE AND TWINE FROM ROOTBALL.REMOVE BURLAP FROM TOP 2/3 OF ROOTBALLFINISH GRADE4" MAX FROMPLANTING PITTREE WRAPWEBBING AT HALF TREE HEIGHT(2) 6'-0" WOOD POSTSScale:DECIDUOUS TREE PLANTINGNTS112 X ROOTBALL DIA.SCARIFY ALL SIDES1/2 O.C. SPACINGMIN. TO WALLS, CONC HEADEROR TREE TRUNKS OFLC PLANT PITPLANT PIT BACKFILL MATERIAL - 12 COMPOST/EX.SOIL MIXEDMULCHSUBGRADEScale:SHRUB PLANTINGNTSWEBBING AT 12 HEIGHT OF TREE2X ROOTBALL DIA.SCARIFY ALL SIDESROOT CROWN 2" ABOVE GRADEMULCHPLANT PIT BACKFILL MATERIALSUBGRADEFINISH GRADE4" MAX FROMPLANTING PITCOMPLETELY REMOVE WIRE AND TWINE FROM ROOTBALL.REMOVE BURLAP FROM TOP 2/3 OF ROOTBALL(2) 6'-0" WOOD POSTSScale:EVERGREEN TREE PLANTINGNTSEQ.EQ.8" MIN.LIGHTLY SCARIFY SIDES OF ROOTBALLPLANT PIT BACKFILL 12 COMPOST/EX. SOIL MIXED PLANT PITWIDTH TO BE 1.5X ROOTBALL WIDTHSUBGRADEMULCHPLANTS SHALL BE EQUAL DISTANCE APART (SEE PLANTSCHEDULE FOR WIDTH)Scale:PERENNIAL / GRASS PLANTINGNTSSOD RE: LANDSCAPE PLANNEW TOPSOILRE: LANDSCAPE NOTESTILLED SOILSUBGRADE6"6"Scale:SOD PLANTINGNTSScale:TYPICAL STEEL EDGING1" = 1'-0"LANDSCAPE FABRIC MIRAFI 140N OR EQUAL.TURN DOWN ON ALL EDGES TYP.3" DEPTH OF MINERAL MULCHFINISH SURFACE OF MULCH TYP.FINISH SURFACE SUBGRADE TYP.18" x 6" COLD ROLLED STEEL EDGING, OVERLAP JOINTS 24" TYP.LINE STAKES (2) AT OVERLAP TYP.SLOPE Scale:BIKE RACK1" = 1'-0"ALTERNATE EACH SIZENOTE:1. POWDERCOAT COLOR: TO BE SELECTED2. SURFACE MOUNT TO CONCRETE PAVING WITH SUPPLIED VANDALRESISTANT SCREWSScale:TRASH ENCLOSURE1/4" = 1'-0"FRONT ELEVATIONSIDE ELEVATIONARCHITECTURAL CMU BLOCKSIZE: 8 x 8 x 16FINISH: GROUND FACECOLOR: TO MATCH ARCHITECTURAL PANEL FINISHSTEEL PANEL GATE W/ HIGH PERFORMANCE PAINT FINISHCONCRETE PAVING, SLOPE TO GATE OPENING6'17'-4"12'6'6' 6'12'2'-8"2'-8"2'-8"2'-8"Scale:SECURITY FENCING1" = 1'-0"FENCING TYPE 1LOCATION: WEST AND SOUTH PROPERTY LINECOMPANY: AMERI STAR FENCINGMODEL: WIRE WORKS PLUSSTYLE: ARCHITECTURAL WELDED WIRE FENCECOLOR: BLACK POWDERCOATHEIGHT: 6'-0"CONTACT: 1.888.333.3422WWW. AMERISTARFENCE.COMINSTALL PER MANUFACTURER RECOMMENDATIONS AND SPECIFICATIONSFENCING TYPE 2LOCATION: CLUBHOUSE SWIMMING POOLCOMPANY: AMERI STAR FENCINGMODEL:ECHELON II, POOL PET & PLAYSTYLE: GENISISCOLOR: BLACK POWDERCOATHEIGHT: 5'-0"CONTACT: 1.888.333.3422WWW. AMERISTARFENCE.COMINSTALL PER MANUFACTURER RECOMMENDATIONS AND SPECIFICATIONSADGHEFICB10 30SHEET NUMBER:ISSUE DATE: DATE REVISIONS BY PREPARED FOR:DESIGNED BY:DRAWN BY:JOB NUMBER:LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADOWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANWH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN LANDSCAPE DETAILS DARTMOUTH MFP, LLC3002 SOUTH HURON STREET ENGLEWOOD, CO 80110NMSNMS18120109/25/20 102245 CURTIS STREET,SUITE100 DENVER, COLORADO 80238 TEL: 303.709.07041111 of 32Page 150 of 361 12 12 OF 32 Page 151 of 361 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 910 23 2215 13811418128931138229110232 28931522131102141812231414141014 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 15 9 810120233 315123 AWNING9'-1"14 14 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"1423 91510313 1 9 1 23 9 15 2 9 31710 8 89151 23 17 3 8 92 1032318124114184141414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"2'-0"891032313151192232313153101411414 14 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT A -ELEVATIONS12 12 SCALE: 3/32" = 1'-0"1LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"4LAYOUT A -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT A -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 06/22/2009/25/202013 13 OF 32 Page 152 of 361 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 89151 23 17 31239152931710819 BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"15 10117233218124 VARIES1423 91510313114 184 14 14 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 11 922 323131531014 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING9'-1"8910323131511414 14 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 981020233 8 215 23132 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING9'-1"14 14 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 910 23 2215 1381 28931138222144181289311323222 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 91 1023 141812823 1014 1411414 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT B -ELEVATIONS13 13 SCALE: 3/32" = 1'-0"4LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT B -ELEVATION SCALE: 3/32" = 1'-0"1LAYOUT B -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202014 14 OF 32 Page 153 of 361 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"2'-0"6'-1"10'-6 1/4"10'-9"10'-7 3/4"8 9151 23 17 3 10 89 15 123173108915123319152171489151233181241915217142381023810 1812418124 14 143 3 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 2'-0" 820 23139822311014 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 14 1 13 232298932113232289321132322 9 2 83 1928312321322831418121418121418128881414143 1414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" T.O. ROOF (C)40' -0"T.O. ROOF (C)40' -0"BUILDING HEIGHT40'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 2'-0" 9 8 223 110820231314 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT C -ELEVATIONS14 14 SCALE: 3/32" = 1'-0"4LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"1LAYOUT C -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT C -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202015 15 OF 32 Page 154 of 361 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 1 9 BUILDING HEIGHT39'-1"1'-1"6'-1"10'-6 1/4"10'-9"10'-7 3/4"2'-4 3/4"5'-1"5'-1"1 2315 2 9 317 8 89151 23 17 314 982 89 15 12317 982 1231015 143 1 2 17 23 91149151031318414231414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 291032313151192232313153101411414 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 89 3 113 23222 141812 141812 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1" 23 21322 8 3141812911023 910 23 2215 1381 21411323229889311382222310 1414314141414 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" T.O. ROOF39' -1"T.O. ROOF39' -1" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11" 93 8 215 23141223920 BUILDING HEIGHT39'-1"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 1'-1"AWNING8'-4"14 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT D -ELEVATIONS15 15 SCALE: 3/32" = 1'-0"4LAYOUT D -ELEVATION SCALE: 3/32" = 1'-0"3LAYOUT D -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN SCALE: 3/32" = 1'-0"1LAYOUT D -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT D -ELEVATION 09/25/202016 16 OF 32 Page 155 of 361 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 4 9821103131815 2 1 10313 151 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 9210315123 4 AWNING7'-0"T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"10'-7 3/4"10'-9"10'-6 1/4" 6'-1" 9 210315 1234 AWNING7'-0"T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" T.O. PARAPET38' -0"T.O. PARAPET38' -0" LEVEL 2 T.O.S.10' -7 3/4"LEVEL 2 T.O.S.10' -7 3/4" LEVEL 3 T.O.S.21' -4 3/4"LEVEL 3 T.O.S.21' -4 3/4" T.O. EAVE31' -11"T.O. EAVE31' -11"BUILDING HEIGHT38'-0"6'-1"10'-6 1/4"10'-9"10'-7 3/4"4 82110312151723 48 2 1 10312151723 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31LAYOUT E -ELEVATIONS16 16 #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN SCALE: 3/32" = 1'-0"1LAYOUT E -ELEVATION SCALE: 3/32" = 1'-0"2LAYOUT E -ELEVATIONSCALE: 3/32" = 1'-0"3LAYOUT E -ELEVATION SCALE: 3/32" = 1'-0"4LAYOUT E -ELEVATION 09/25/202017 17 OF 32 Page 156 of 361 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"523 263 9 20 923 1 1613 5 9122423 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"AWNING12'-11 1/2"5239 6 393 241372 2 313 20 1 16 9 23523 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"3'-0"17'-2 1/2"13'-9 1/2"5 23 96161397169321 T.O.C. LEVEL 10' -0"T.O.C. LEVEL 10' -0" LEVEL 2 T.O.S (CLUB)13' -9 1/2"LEVEL 2 T.O.S (CLUB)13' -9 1/2" T.O. LOW PARAPET (CLUB)31' -0"T.O. LOW PARAPET (CLUB)31' -0" T.O. HIGH PARAPET (CLUB)34' -0"T.O. HIGH PARAPET (CLUB)34' -0"BUILDING HEIGHT34'-0"13'-9 1/2"17'-2 1/2"3'-0"AWNING12'-11 1/2"5 23 9616 1 9323216122323917162418 7 13 ELEVATION LEGEND ELEVATION NOTES 1. ALL CONDENSERS WILL BE ROOF MOUNTED, AS ALLOWED BY CODE, AND WILL BE SCREENED FROM VIEW. 2. LOCATIONS OF VENTS, SIGNAGE, AND LIGHTS SUBJECT TO CHANGE BASED ON FURTHER DESIGN DEVELOPMENT AND COORDINATION. 3. REFER TO FINISH MATERIAL LEGEND AND MATERIAL BOARDS FOR KEYNOTE MATERIAL COLOR. ASPHALT ROOF SHINGLES COLOR: NOIR BLACK COLOR 1 -PANEL SMOOTH SW SNOW COLOR 3 -LAP SIDING SW OLIVE COLOR 5 -FACIA, TRIM SW 6991 BLACK MAGIC COLOR 2 -PANEL TRADITIONAL SW STERLING GREY COLOR 4 -TRESPA METEON ITALIAN WALNUT COLOR 6 -PANEL SMOOTH SW KNIGHTS ARMOR of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31CLUBHOUSE -ELEVATIONS17 17 SCALE: 3/32" = 1'-0"3CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"4CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"2CLUBHOUSE -ELEVATION SCALE: 3/32" = 1'-0"1CLUBHOUSE -ELEVATION #KEYNOTES - PUD 1 PANEL - COLOR 1 2 PANEL - COLOR 2 3 LAPPED SIDING - COLOR 3 4 PANEL - COLOR 4 5 FAUX WOOD PANEL - COLOR 4 6 FIBER CEMENT PANEL - COLOR 5 7 LAPPED SIDING - COLOR 5 8 FIBER CEMENT PANEL - COLOR 6 9 FIBER CEMEN TRIM - COLOR 5 10 ASPHALT ROOF SHINGLES 11 COLUMN - PAINT COLOR 5 12 METAL AWNING 13 METAL HANDRAIL 14 DOWNSPOUT 15 VINYL WINDOW 16 STOREFRONT 17 OVERHEAD GARAGE DOOR 18 BUILDING ENTRY 20 GAS/ELECTRIC/TELECOM EQUIPMENT, PAINT TO MATCHADJACENT ELEVATION 21 EXTERIOR MECHANICAL VENTS - PAINT TO MATCH ADJACENT ELEVATION 22 EXTERIOR WALL MOUNT LIGHT SCONCE 23 REVEAL 24 GLASS HANDRAIL SITE KEY PLAN 09/25/202018 18 OF 32 Page 157 of 361 T TTTTTTTT T T UP UP DN UNIT 0A.01 /A5-010 UNIT 1B.12 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.01 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A)1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UP UP FDC C CUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DN0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 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0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 0.0 3.4 D1 @6'D1 @6' D1 @6'D1 @6' C2 @15'D2 @6' C2 @15' D1 @6'D1 @6'D1@ 6'D1@ 6' C1 @15' D2 @6' C2 @15' D2 @6'C2 @15' D2 @6' C2 @15' D1 @6'D1 @6' C1 @15' D2 @6'C2 @15'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' B1 @20' B1 @20' B1 @20' B1 @20' B2 @20'B2 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15' D1 @6'D1 @6' D1 @6'D1 @6' D1 @6'D1 @6'C2 @15' D2 @6' C1 @15' A1 @20' C2 @15' C2 @15' D1 @6' C1 @15' D1 @6'D1 @6'D1 @6' C2 @15' D2 @6'D2 @6' C1 @15' C2 @15' B2 @20' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' D2 @6' D2 @6' C2 @15' C2 @15' C2 @15' D2 @6'D2 @6' C2 @15' D1 @6'D1 @6'C2 @15' D1 @6'D1 @6' C2 @15' C2 @15' C2 @15' C2 @15'D2 @6' C2 @15' D2 @6' C2 @15' C2 @15' B1 @20' D1 @6'D1 @6'C2 @15' D1 @6' D1 @6' B1 @20' B1 @20' A1 @20'B1 @20' C2 @15' C2 @15' C2 @15'C2 @15' C2 @15' C2 @15'D2 @6'D2 @6'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' D1 @6'D1 @6' A1 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15'C2 @15' D2 @6' D2 @6' C3 @15' C3 @15' C3 @15' D2 @6' D2 @6' PROPERTY LINE BUILDING 6 BUILDING 5 BUILDING 4 BUILDING 3 BUILDING 7 BUILDING 1 BUILDING 2 BUILDING 9 BUILDING 8 BUILDING 10BUILDING 11BUILDING 12PROPERTY LINE C2 @15' D2 @6' 19 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/25/2020Jordan & Skala Engineers Project Number: Drawn By:Checked By: 555 17th Street, Suite 700 Denver, CO 80202 p:303-586-2375 f: 303-586-2376 SLEJ 2080093 of SCALE:1 OVERALL SITE PHOTOMETRIC PLAN 1" = 50'-0"NORTH 19OVERALL SITE PHOTOMETRIC PLANPage 158 of 361 TTT T T UP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUP UNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-1218.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UP FDC C UP UNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-1218.33% DN0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.2 0.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.3 0.5 0.8 0.8 0.8 1.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.1 0.1 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.4 1.1 2.6 2.3 2.1 2.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.4 0.4 0.3 0.2 0.1 0.1 0.2 0.3 0.3 0.3 0.6 1.3 2.4 2.1 3.1 2.7 1.9 1.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.4 0.5 0.8 1.0 0.9 0.6 0.3 0.1 0.1 0.6 0.7 0.6 0.8 1.5 2.4 2.3 2.1 2.4 3.0 2.6 1.9 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.3 0.5 0.7 1.1 1.4 1.7 1.5 1.2 0.9 0.4 0.2 0.3 1.4 1.2 1.1 1.3 1.8 2.2 2.0 1.9 2.5 2.5 2.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.3 0.7 1.1 1.6 2.5 2.8 1.8 1.7 1.3 0.5 0.3 0.5 2.2 1.7 1.6 1.8 2.2 2.5 2.4 1.6 1.7 1.5 1.2 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.4 0.6 0.6 0.4 0.2 0.1 0.3 0.7 1.2 1.6 1.8 3.3 1.9 0.1 0.1 0.2 0.5 1.1 2.8 2.6 2.5 2.2 2.6 2.9 3.4 1.2 1.0 5.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.4 0.6 0.9 1.1 1.2 1.0 0.7 0.3 0.1 0.2 0.5 1.4 2.3 0.0 0.8 2.1 2.7 3.6 3.0 2.5 3.0 3.0 3.3 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.3 0.5 0.6 1.0 1.4 1.9 2.2 1.7 1.3 0.9 0.3 0.2 0.1 0.2 0.8 2.2 2.9 3.7 3.0 2.5 3.4 3.4 2.8 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.4 0.7 1.1 1.5 1.1 1.5 2.3 2.3 1.8 2.0 1.3 1.1 2.8 2.9 2.6 2.3 3.2 3.3 7.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.7 1.1 1.6 2.9 1.3 1.8 2.0 3.3 1.6 0.8 0.5 2.3 1.7 1.7 2.0 2.7 2.5 11.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.8 1.3 1.7 2.2 1.1 0.4 1.6 1.3 1.2 1.7 2.0 2.1 2.5 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.2 0.6 1.4 2.4 2.2 2.3 1.7 0.2 0.7 1.0 0.9 1.2 1.4 1.4 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.1 0.1 0.1 0.2 0.2 0.3 0.3 0.2 0.1 0.1 0.1 0.4 1.2 2.3 2.2 1.9 2.1 2.7 2.1 1.8 1.3 0.9 2.7 2.1 1.3 0.7 0.7 0.7 0.7 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.4 0.6 0.8 0.6 0.3 0.3 0.4 0.3 0.4 0.9 1.7 1.7 2.1 1.6 1.4 1.8 1.8 2.4 2.8 2.1 1.4 2.8 3.0 2.9 3.0 1.6 1.0 0.6 0.4 0.6 1.3 1.7 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.2 0.5 0.8 1.7 2.6 1.9 2.4 2.4 1.5 0.7 0.5 0.8 1.3 1.3 1.6 3.2 2.2 2.0 1.7 1.5 1.6 1.6 2.0 1.8 1.7 2.0 2.3 2.8 3.5 2.7 1.7 1.1 0.7 0.5 0.9 1.7 2.1 2.7 3.9 3.6 3.7 3.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.3 0.3 0.3 0.2 0.2 0.3 0.7 1.5 2.5 2.2 2.4 3.7 2.2 2.1 2.0 1.6 1.1 0.8 0.8 1.1 1.2 1.1 0.7 0.3 1.2 2.3 2.0 2.5 3.0 2.2 1.7 1.6 1.5 1.5 1.4 1.3 1.5 1.8 2.2 2.5 2.5 2.3 1.9 1.4 0.9 0.7 0.9 1.4 1.9 3.2 3.9 3.6 3.8 3.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.3 0.6 1.0 0.9 1.0 1.7 1.6 1.4 1.7 1.9 1.9 2.2 2.8 2.6 2.1 1.7 1.7 1.4 1.1 1.1 1.1 1.1 1.0 0.8 0.7 1.1 1.6 1.8 2.5 2.4 2.1 1.8 1.6 1.5 1.3 1.2 1.2 1.5 1.8 2.7 3.3 3.2 2.5 1.9 1.3 0.8 0.7 1.0 1.5 1.9 2.4 2.8 2.9 2.9 2.5 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.3 0.5 1.4 2.8 2.3 2.2 2.2 1.9 1.6 1.6 1.6 1.7 2.4 2.7 2.4 2.1 1.7 1.7 1.4 1.3 1.5 1.5 1.4 1.1 0.8 0.8 1.0 1.3 1.5 1.6 1.5 1.4 1.5 1.7 1.7 1.4 1.1 1.1 1.7 2.1 2.5 2.9 2.6 2.2 1.8 1.1 0.7 0.7 1.0 1.4 1.8 2.1 2.3 2.3 2.2 1.9 0.0 0.0 0.1 0.2 0.3 0.5 0.5 0.5 0.5 0.5 0.5 0.5 0.4 0.3 0.4 0.4 0.3 0.2 0.1 0.1 0.2 0.7 1.8 2.6 2.0 2.9 2.4 2.0 1.8 1.6 1.6 1.5 1.5 1.6 1.7 1.6 1.5 1.4 1.4 1.5 1.4 1.4 1.6 1.9 1.6 1.2 0.9 0.9 0.8 0.9 0.9 1.0 1.0 1.1 1.3 1.7 1.8 1.4 1.0 1.1 1.6 2.6 2.5 3.0 2.2 2.6 2.1 1.1 0.7 0.8 1.0 1.4 1.6 2.3 3.0 2.9 2.1 1.8 0.0 0.0 0.1 0.2 0.5 0.9 1.2 1.4 1.4 1.4 1.2 0.9 0.7 0.5 0.9 1.2 0.7 0.3 0.3 0.2 0.4 1.1 1.8 1.9 2.0 2.6 3.1 2.6 1.9 1.6 1.4 1.3 1.2 1.1 1.0 0.9 0.8 0.8 1.0 1.3 1.5 1.5 1.6 2.3 1.7 1.4 1.3 1.0 0.7 0.5 0.5 0.8 1.2 1.5 1.5 2.1 2.5 1.5 1.5 1.3 1.0 0.6 0.7 0.9 0.7 0.7 1.1 1.0 1.0 1.1 1.3 1.8 2.0 1.9 2.2 2.6 2.6 2.3 0.0 0.1 0.1 0.3 0.7 1.2 1.4 2.4 2.7 2.2 1.8 2.4 2.7 2.4 2.1 2.9 1.9 2.3 2.1 1.3 0.8 1.0 1.4 1.5 1.9 2.4 2.3 1.9 1.7 1.5 1.4 1.2 0.9 0.8 0.7 0.6 0.6 0.6 0.9 1.6 2.5 2.7 2.3 3.2 2.5 2.5 2.5 1.7 0.8 0.4 0.4 0.8 1.7 2.4 2.1 2.7 3.1 2.1 2.3 2.1 1.2 0.6 0.4 0.4 0.3 1.1 1.9 1.5 1.4 1.6 1.6 2.1 2.9 0.1 3.2 2.6 0.0 0.1 0.2 0.4 0.9 1.7 1.9 1.9 2.5 2.1 2.5 2.7 2.3 2.1 2.2 2.8 2.1 2.0 1.9 1.6 1.1 1.0 1.2 1.4 1.6 1.5 1.3 1.1 0.9 1.3 1.3 1.3 1.2 1.1 1.0 0.8 0.7 0.7 1.0 1.5 1.8 2.0 2.2 2.6 2.2 1.7 1.4 1.0 0.7 0.4 0.4 0.7 1.0 1.4 1.8 2.2 2.3 2.0 1.8 1.6 1.2 0.7 0.3 0.3 0.3 1.4 2.3 1.7 1.6 2.0 1.9 1.6 2.1 0.0 1.5 2.8 0.0 0.1 0.3 0.6 0.7 0.8 0.0 0.8 1.3 1.6 2.0 2.6 3.1 2.4 1.8 1.5 1.5 1.3 1.2 1.2 1.2 1.1 0.8 0.6 0.5 1.4 1.8 2.0 1.9 1.6 1.2 0.9 0.8 1.2 1.8 2.3 2.8 3.2 3.2 2.7 1.9 1.3 1.1 0.8 0.6 0.6 0.7 0.9 1.4 2.2 2.9 3.3 3.1 2.5 1.9 1.4 0.4 1.4 2.1 2.0 2.3 2.3 2.3 2.0 2.2 3.8 2.3 0.0 0.1 0.4 0.9 1.2 1.5 0.0 0.7 1.1 1.3 1.8 2.1 2.2 2.1 1.7 1.3 2.1 1.8 1.5 1.4 1.0 0.8 0.6 0.2 1.4 1.9 2.8 2.5 1.7 1.4 0.9 0.8 1.3 1.9 2.4 3.5 3.7 2.9 2.5 1.9 1.6 1.5 1.4 1.1 1.2 1.0 0.9 1.4 2.2 2.6 3.4 3.8 2.8 2.0 1.5 0.7 1.8 2.6 2.5 2.8 2.4 2.7 2.7 2.4 0.0 0.1 0.5 1.2 1.6 1.8 0.0 0.6 0.9 1.1 1.2 1.3 1.3 1.4 1.2 1.1 3.1 2.1 1.8 1.5 1.1 0.8 0.8 0.1 2.0 2.9 2.4 2.1 2.0 0.9 0.6 1.2 2.5 2.5 3.2 3.1 2.7 2.6 1.5 2.1 2.3 2.1 1.9 1.8 1.8 0.6 1.2 2.4 2.6 2.6 3.7 2.4 2.5 1.6 0.7 2.5 3.5 2.8 2.9 2.4 2.7 2.9 2.9 0.0 0.1 0.4 1.3 2.4 1.9 2.0 2.3 2.1 1.5 1.1 1.0 1.2 0.0 2.4 2.6 2.4 2.6 2.5 2.7 1.4 2.1 2.3 2.7 2.4 2.4 2.1 2.1 0.0 0.1 0.4 1.3 2.5 2.0 3.0 2.7 2.3 1.5 1.2 1.2 2.3 2.4 2.3 2.6 3.2 3.1 3.7 3.3 1.3 2.2 1.8 2.0 2.5 2.8 2.8 2.3 0.0 0.1 0.5 1.2 1.8 1.8 0.0 2.2 2.3 2.1 1.5 1.3 1.4 2.9 3.1 3.0 3.0 3.6 3.0 3.5 2.9 0.1 1.2 2.2 1.6 1.6 2.1 2.4 2.5 3.4 3.3 0.0 0.1 0.4 1.0 1.2 1.6 0.0 2.2 1.6 1.6 1.3 1.2 1.2 2.4 2.5 2.1 2.6 3.1 2.4 2.1 2.3 0.1 0.7 1.4 1.2 1.3 1.5 1.7 1.7 2.2 2.2 2.2 0.0 5.8 0.0 0.0 0.1 0.3 0.6 0.8 1.0 0.6 0.0 0.0 0.0 1.9 1.3 1.2 1.1 1.0 1.0 1.2 1.8 0.0 0.0 0.0 0.0 0.0 2.5 2.3 2.1 1.8 1.5 1.2 0.0 0.0 0.0 0.0 0.0 0.3 0.6 0.7 0.8 1.2 1.1 1.1 1.4 1.2 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.3 0.1 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.7 0.8 0.8 0.8 0.8 0.7 0.7 1.1 0.0 0.0 0.0 1.6 0.0 0.0 0.0 0.0 0.0 0.0 0.8 0.0 0.0 0.0 0.0 0.0 0.9 0.0 0.0 1.7 1.7 1.5 1.2 0.8 0.4 0.0 0.0 0.7 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.4 0.6 0.7 0.7 0.7 0.8 0.4 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.3 0.4 0.4 0.4 0.3 0.3 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.5 0.8 0.7 0.6 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.3 0.3 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.2 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.2 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 0.0 3.4 D1 @6'D1 @6' D1 @6'D1 @6' C2 @15'D2 @6' C2 @15' D1 @6'D1 @6'D1@ 6'D1@ 6' C1 @15' D2 @6' C2 @15' D2 @6'C2 @15' D2 @6' C2 @15' D1 @6'D1 @6' C1 @15' D2 @6'C2 @15'D2 @6' D1 @6'D1 @6'D1 @6' D1 @6' B1 @20' B1 @20' B1 @20' B1 @20' B2 @20'B2 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 @15' D1 @6' D1 @6' D1 @6'D1 @6' D1 @6'D1 @6'C2 @15' D2 @6' C1 @15' A1 @20' C2 @15' C2 @15' D1 @6' C1 @15' D1 @6' D2 @6' C2 @15' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' B1 @20' BUILDING 6 BUILDING 5 BUILDING 4 BUILDING 7 BUILDING 1 C2 @15' D2 @6' T TTTTTTTT T T UP UP DN UNIT 0A.01 /A5-010 UNIT 1B.12 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UNIT 1B.01 /A5-120 UP FDCUNIT 2B.01 /A5-220 UNIT 1B.12 /A5-120 UNIT 1C.01 /A5-130 STAIR 1STAIR 2 UNIT 1B.01 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.01 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUPFDC DNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. 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GALAPAGO STREET Page 159 of 361 T TTTTTTUPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. 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0.5 0.5 0.4 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.3 0.6 1.6 2.6 3.3 6.0 5.8 2.0 1.6 0.7 0.2 0.0 2.1 2.9 0.1 3.2 2.6 1.7 1.2 0.9 0.7 0.6 0.7 0.8 1.1 1.5 1.8 1.5 1.1 0.8 0.7 0.4 0.3 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.2 0.6 1.6 3.0 3.5 4.5 6.5 2.8 1.7 0.7 0.2 0.0 1.6 2.1 0.0 1.5 2.8 2.9 2.0 1.1 0.7 0.5 0.6 0.7 0.9 1.1 1.4 1.4 1.2 0.9 0.6 0.4 0.2 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.6 2.9 3.4 4.8 6.4 2.3 1.7 0.7 0.2 0.0 2.0 2.2 3.8 2.3 2.3 2.2 1.7 0.8 0.4 0.5 0.5 0.6 0.6 1.5 1.4 1.2 0.9 0.6 0.3 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.5 1.4 2.5 3.2 5.9 5.7 1.5 1.3 0.7 0.2 0.0 2.7 2.4 1.8 1.5 1.3 0.7 0.4 0.2 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.4 1.2 2.0 2.7 5.4 5.1 1.2 1.0 0.6 0.2 0.0 2.9 2.9 1.9 1.7 1.3 0.6 0.2 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.3 0.9 1.7 2.1 3.3 4.0 0.0 0.0 0.0 0.0 0.5 0.4 0.2 0.0 2.1 2.1 2.1 2.5 1.4 0.5 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.8 1.5 1.5 1.8 2.9 0.0 0.0 0.0 0.0 0.2 0.2 0.1 0.0 2.8 2.3 2.2 2.6 1.4 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.3 0.6 0.8 0.8 0.9 1.1 0.0 0.0 0.0 0.0 0.0 0.1 0.0 0.0 2.5 3.4 3.3 0.0 0.0 1.8 1.8 1.3 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.2 0.3 0.3 0.3 0.3 0.3 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.7 2.2 2.2 2.2 0.0 5.8 0.0 0.0 0.0 0.0 0.0 11.2 0.0 0.0 0.0 0.0 1.6 1.2 1.0 0.5 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.1 1.1 1.4 1.2 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.8 0.7 0.4 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.7 0.7 0.8 0.4 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.4 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.3 0.2 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.1 0.1 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 SECTOR ASECTOR BSECTOR ASECTOR B0.0 0.0 0.0 0.0 C2 @15' D1 @6' C1 @15' D1 @6'D1 @6' D1 @6' C2 @15' D2 @6' D2 @6' C1 @15' C2 @15' B2 @20' C2 @15'C2 @15' D1 @6' D1 @6'C2 @15' D2 @6' D2 @6' D2 @6' C2 @15' C2 @15' C2 @15' D2 @6'D2 @6' C2 @15' D1 @6'D1 @6'C2 @15' D1 @6'D1 @6' C2 @15' C2 @15' C2 @15' C2 @15'D2 @6' C2 @15' D2 @6' C2 @15' C2 @15' B1 @20' D1 @6'D1 @6'C2 @15' D1 @6' D1 @6' B1 @20' B1 @20' A1 @20'B1 @20' C2 @15' C2 @15' C2 @15'C2 @15' C2 @15' C2 @15'D2 @6'D2 @6'D2 @6' D1 @6'D1 @6'D1 @6'D1 @6' D1 @6'D1 @6' A1 @20' C2 @15' C2 @15' D2 @6' D2 @6' C2 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303-586-2376 SLEJ 2080093 of 24LIGHT FIXTURE SPECIFICATIONSTYPE: D1 TYPE: D2 Page 163 of 361 of24 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2024 7500 1500 · Page 164 of 361 of25 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT 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LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2027 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.30 MATCHLINEBOUNDARY & PARCELSHEET #1Page 167 of 361 PARCEL 3A PARCEL 3B L=170.27'R=3880.41' D=2°30'51"CH=N17°07'49"E170.25'PARCEL 2C N00°04'28"W12.19N89°42'45"E88.62S00°01'27"E628.60 N18°23 ' 1 4 " E 376.46 L=101.70'R=5779.65' D=1°00'29"CH=N14°56'05"E101.70' of28 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2028 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 MATCHLINETOPOGRAPHICSHEET #2Page 168 of 361 PARCEL 2APARCEL 5PARCEL 6PARCEL 2A S00°01'10"E200.13 N00°01'36"E200.14N89°37'29"E126.85S89°37'08"W127.02 S45°11'26"W14.19 S89°39'19"W105.35 N00°02'12"E9.40 S89°39'32"W168.57S00°01'36"W486.59 S44°49'08"W8.87 N00°02'13"E490.97 N18°23 ' 2 3 " E 69.25N89°37'29"E137.52of29 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2029 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 MATCHLINETOPOGRAPHICSHEET #1MATCHLINE TOPOGRAPHIC SHEET #3 MATCHLINETOPOGRAPHICSHEET #4Page 169 of 361 PARCEL 2B S00°02'12"W399.59 N18°23 ' 1 4 " E 416.80 N88°13'32"W131.28N00°02'13"E490.97 of30 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2030 MATCHLINE TOPOGRAPHIC SHEET #2 MATCHLINE TOPOGRAPHIC SHEET #4 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 Page 170 of 361 PARCEL 4APARCEL 4BL=62.05'R=39.50' D=90°00'19"CH=S44°23'17"E55.86' S44°49'08"W8.87 S00°01'36"W12.51S89°23'21"E98.29S00°35'00"W8.48 N88°13'30"W294.54of31 31 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANALTA/NSPS LAND TITLE SURVEYDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/2031MATCHLINETOPOGRAPHICSHEET #2MATCHLINE TOPOGRAPHIC SHEET #3 GRAPHIC SCALE ( IN FEET ) 1 inch = ft.20 Page 171 of 361 EXHIBIT A A PARCEL OF LAND BEING A PORTION OF WEST CORNELL AVENUE, THE SIXTEEN (16) FOOT WIDE ALLEY IN BLOCK 1 OF TAYLOR'S ADDITION, AND ALL OF PARCEL 2 AND PARCEL 3 AS DESCRIBED AT BOOK 5712, PAGE 490, ALL DOCUMENTS AS FILED IN THE ARAPAHOE CLERK AND RECORDER'S OFFICE; SITUATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE S89"37'29nW, ALONG THE NORTH LINE OF LOT 49 OF SAID BLOCK 1, A DISTANCE OF 126.85 FEET TO THE NORTHWEST CORNER OF SAID LOT 49; THENCE soo·o1'36"W, ALONG THE WEST LINE OF LOTS 42 THROUGH 49, INCLUSIVE, OF SAID BLOCK 1, A DISTANCE OF 200.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT 42; THENCE S89"37'08n W A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 1; THENCE N00"01 '36n E, ALONG THE EAST LINE OF LOTS 1 THROUGH 5, INCLUSIVE, OF SAID BLOCK 1, AND THE WEST LINE OF PARCEL 3 OF SAID BOOK 5712, PAGE 490, A DISTANCE OF 249.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE N89"39'32nE, ALONG THE NORTH LINE OF SAID PARCEL 3 AND SAID PARCEL 2, A DISTANCE OF 142.81 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY; THENCE S00"01 '1 O n E, ALONG THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY, A DISTANCE OF 49.40 FEET TO THE POINT OF BEGINNING; CONTAINING: 10,263 SQUARE FEET, 0.236 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY: DON LAMBERT, PLS 30830 FOR AND ON BEHALF OF Esi land surveying, lie �;�USERS\D0N l.AMBERT\ESI 1EAM DROPBOX\ESI PROJEClS\DARlMOUTH & GALAPAG0\ESI ENGLEWOOD APARlMENlS SUBDIVISION Pl.AT 101820.DWG 11/24/2020 2:00 SHEET 1 OF 2 Esi land surveying, lie 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 DAlE 10/28/20 PROJECT NO. 20-009 Page 172 of 361 PARCEL 3A20040EXHIBIT APage 173 of 361 Page 174 of 361 PARCEL 6PARCEL 540080Page 175 of 361 UPFDCDNDNSTAIR 3MAINTENANCECOMM. ROOMSTAIR 2STAIR 1WATER ENTRYCOMM. ROOMUNIT 0A.0UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 0A.0 (TYPE A)2 /A5-0108.11% DN6.90% DN8.33% DN8.33% DNUP UP DN UNIT 0A.0 1 /A5-010 UNIT 1B.1 2 /A5-120 STAIR 1STAIR 2STAIR 3 COMM. WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A) 2 /A5-220 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UNIT 1B.0 1 /A5-120 UP FDCUNIT 2B.0 1 /A5-220 UNIT 1B.1 2 /A5-120 UNIT 1C.0 1 /A5-130 STAIR 1STAIR 2 UNIT 1B.0 1 /A5-120 WATER ENTRY COMM.8.33% DNUNIT 1B.0 1 /A5-120 3.19% DNUPFDCUNIT 2B.01 /A5-220UNIT 1B.12 /A5-120UNIT 1C.01 /A5-130STAIR 1STAIR 2UNIT 1B.01 /A5-120WATER ENTRYCOMM.8.33% DNUNIT 1B.01 /A5-1203.19% DNUP FDCUNIT 2B.01 /A5-220 UNIT 1C.01 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUPFDCUNIT 2B.01 /A5-220UNIT 1C.01 /A5-130UNIT 2C.01 /A5-230STAIR 1STAIR 2UNIT 1B.2 (TYPE A)1 /A5-121WATER ENTRYCOMM.6.25% DN8.33% DN8.33% DNUPUPDNUNIT 0A.01 /A5-010UNIT 1B.12 /A5-120STAIR 1STAIR 2STAIR 3COMM.WATER ENTRY8.33% DN5.79% DN4.49% DN4.69% DNUNIT 2B.0 (TYPE A)2 /A5-220UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120UNIT 1B.01 /A5-120C CUP FDCUNIT 2B.0 1 /A5-220 UNIT 1C.0 1 /A5-130 UNIT 2C.0 1 /A5-230 STAIR 1STAIR 2 UNIT 1B.2 (TYPE A) 1 /A5-121 WATER ENTRY COMM.6.25% DN8.33% DN8.33% DNUP UP 12344321FILING EM S GALAPAGO ST (ROW VARIES)W DARTMOUTH AVE(ROW VARIES)RAILR O A D 645' OF SECTION A 193' OF SECTION B 438' OF SECTION A W CORNELL AVEW BATES AVE1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%1.8%EXISTING GROUND PROPERTY LINE 10' 2'' MAX DROP 1.8%EXISTING GROUND PROPERTY LINE 10' 2'' MAX DROP 1.8% WINSLOW CRANERAILROAD WINSLOW CRANERAILROAD 8'' 6'' 8'' 6'' HORIZONTAL SCALE: 1" = 5050 50' 0 1 OF 1 RLEG PROJ NO. 181201 WINSLOW CRANE TRAIL EASEMENT EXHIBIT NSHEET NUMBER: 7853 E. ARAPAHOE COURT, SUITE 2500 CENTENNIAL, CO 80112 PHONE: 303-841-9365 PROPERTY LINE 10' TRAIL EASEMENT RAILROAD ROW LINE SECTION A DETAIL: SLOPE TOWARDS PROJECT SCALE: 1" = 2' SECTION B DETAIL: SLOPE TOWARDS RAILROAD SCALE: 1" = 2' A A AB KEY: 10' WIDE CONCRETE TRAIL TRAIL / GRADE CROSSING TO BE DETERMINED BY CITY 10' WIDE CONCRETE TRAIL PROPERTY LINE PROPERTY LINE EX RAILROAD BRIDGE OVERPASS EX 30' CITY UE ALIGN TRAIL WITH GRADE CROSSING BY CITY RADIUS = 25' A 93' OF SECTION A TRAIL ALIGNMENT TO BATES TO BE DETERMINED AND COORDINATED WITH CITY ONCE PROJECT INFRASTRUCTURE REQUIREMENTS ARE KNOWN. PROJECT SITE Page 176 of 361 1 MEMORANDUM OF UNDERSTANDING Between The City of Englewood and W H Investments, Inc. This Memorandum of Understanding ("MOU") is entered into between the City of Englewood ("City"), whose address is 1000 Englewood Parkway, Englewood, Colorado 80110 and W H Investments, Inc., a Colorado corporation ("Owner/Developer"), whose address is , collectively referred to as the "Parties". RECITALS WHEREAS, the City of Englewood, is a home rule municipality organized under Article XX, Section 6 of the Colorado Constitution; WHEREAS, the Owner/Developer is creating a Planned Unit Development ("PUD") for the former Winslow Crane site bordered by West Dartmouth Avenue on the South, South Galapago Street on the East, South Santa Fe Drive on the West, and West Bates Avenue on the North; WHEREAS, the City of Englewood has requested of the Owner/Developer a dedication of a ten- foot (10') wide trail easement along the western edge of proposed development property, as depicted on the PUD Site Development Plan; WHEREAS, the City of Englewood has requested that the Owner/Developer allow temporary access five feet (5’) outside of the ten-foot (10’) wide trail easement, unless obstructed by a building or other architectural feature, in order to provide adequate access for the construction of the rail trail and for any maintenance, including removal and replacement, required after the rail trail has been constructed; WHEREAS, the construction of the proposed pedestrian trail will take place sometime after construction of the development; THEREFORE, in consideration of the mutual promises, covenant and considerations contained herein, the sufficiency of which are acknowledged and confessed, the Parties agree as follows: PURPOSE This MOU shall define the framework for facilitating the construction of the proposed ten-foot trail by the City along the Western edge of the property as set forth on Exhibit A, attached hereto. During the construction of the trail, accessible access, compliance with the Fair Housing Act and building codes, shall be maintained to all building doors fronting the trail. Fencing of the construction site shall not block the accessible route as shown on the PUD drawings. OWNER/DEVELOPER RESPONSIBILITIES 1. The Owner/Developer will grant a temporary, revocable license for temporary construction access to the pedestrian trail through the Winslow Crane Apartments site. Such access shall Page 177 of 361 2 be provided to City employees, contractors, subcontractors, consultants and design professionals ("Agents") in a defined area, as agreed to with Owner/Developer or their agents a minimum of thirty-days (30) prior to any activities taking place. 2. The Owner/Developer agrees to construct permanent fall protection around any hazards such as a detention pond adjacent to the pedestrian trail. The Owner/Developer agrees to allow pedestrian trail signage to be placed outside of the trail easement in for a clear ten-foot (10') wide trail to be constructed. The signage posted along trail shall direct users of the trail to stay on the trail and not navigate through the Winslow Crane Apartments. 3. Maintenance of the sidewalk and landscaping within the trail easement will be the responsibility of the Owner/Developer until such time that construction begins on the public trail. Upon the start of construction, the City will be responsible for the maintenance and condition of the trail easement and trail infrastructure. CITY RESPONSIBLITIES 4. Construction of the proposed trail is the responsibility of the City, all construction site safety and security, including temporary staging, is the responsibility of the City during construction. The defined work areas shall be graphic in nature and shall indicate in detail the nature of the impact to the apartment development. 5. The City shall endeavor to use the RTD property to the west of the trail easement for construction activities in order to limit the disturbance to residents at the Winslow Crane Apartments. 6. Placement of any signage shall not conflict with existing easements, underground sprinklers or utilities, and the sign face shall not be closer than three feet to any pedestrian sidewalk. Maintenance and repair of the trail signs is the responsibility of the City. 7. The City shall relocate any irrigation facilities, as necessary to ensure no loss of irrigation to landscape outside of the trail easement. 8. The City or its Agents shall repair or replace any damage to grading, landscaping, paving, flatwork, fences, structures or improvements at the Winslow Crane Apartments within thirty (30) days of the date that the damage occurred. 9. The City shall not permit any party other than the City's agents to enter upon or use the Winslow Crane Apartments property during the temporary construction access. The City's use of the temporary construction access shall not interfere with the reasonable use and enjoyment of the Winslow Crane Apartments property. 10. The City shall not permit or suffer any liens or claims for non-payment for labor, services, materials, goods, tools or equipment furnished at the request of the City ("Lien Claims"). The City shall indemnify, defend and hold Owner/Developer harmless from and against all Lien Claims. 11. The City shall require its Agents to defend, indemnify and hold harmless the Owner/Developer and the tenants and occupants of the Winslow Crane Apartments from and against all claims, damages, losses, liabilities, penalties, fines, costs and expenses (including attorney's fees and expenses), for personal injury, bodily injury, death, damage to property, environmental damage or environmental response costs arising out of or in any way connected with the construction, maintenance Page 178 of 361 3 or repair of the pedestrian trail or the use of the temporary construction access. The City of Englewood’s covenant to indemnify hereunder (a) shall not be deemed a waiver of sovereign immunity under the Colorado Governmental Immunity Act (the “Act”), (b) shall only be effective to the extent of the limits of the Act as set forth in C.R.S. Section 24-10-114, as those may be amended from time to time, and (c) shall only be effective if City’s obligation to indemnify is insured by the Colorado Intergovernmental Risk Sharing Agency (“CIRSA”) or CIRSA’s successor as City’s general liability carrier. The parties acknowledge that a purported indemnification by City may violate the state constitution and be an ultra vires act. 12. The City and its Agents will obtain and maintain during the entire trail construction and use of the temporary construction access, worker's compensation and employers' liability insurance, auto liability insurance, and primary commercial general liability insurance, written on a broad form occurrence basis including ongoing and completed operations and contractual coverage for the indemnity agreement above in Paragraph 11, and with no exclusions for any of the work to be performed for the trail construction, with per occurrence and aggregate limits of at least $2,000,000, with defense outside the limits, and excess or umbrella liability insurance written on a following basis with limits of at least $10,000,000. All policies of primary and excess liability insurance shall name the Owner/Developer, its managers, members, agents and employees, and all tenants and/or occupants of Winslow Crane Apartments, as additional insureds on a primary and noncontributory basis, with no exclusions not contained in the primary and excess liability insurance policies, for both ongoing and completed operations coverages, and shall waive the right of subrogation against any additional insured. Each auto, primary and excessive liability insurance policy shall provide that it will not be canceled without thirty days' (30) prior written notice to Owner/Developer. MISCELLANEOUS PROVISIONS 13. The duration for the construction of the pedestrian trail and use of the temporary construction access shall not exceed one hundred eighty (180) days from the beginning of actual construction. 14. The temporary construction access shall terminate within one-hundred (100) days after completion of the trail construction or one-hundred (100) days after the first entry upon the Winslow Crane Apartments property, whichever occurs first. 15. Work hours for construction of the pedestrian trail are 7:00 a.m. to 7:00 p.m. Monday through Friday. No work shall be performed on Saturday or Sunday. 16. Staging of materials, equipment, parking and crews ("temporary staging area") shall be limited to ten parking spaces and the location shall be agreed upon by the Owner/Developer and City, thirty (30) days prior to construction. No fire lanes shall be obstructed at any time. 17. No materials or equipment shall be left outside of the boundary of the trail easement or temporary staging area overnight. The temporary staging area shall be fenced at the end of each workday. Areas shall be cleaned daily and left in a usable condition at the end of each workday. 18. The City shall ensure that all units and onsite amenities remain accessible to residents during the construction of the rail trail and during any future trail maintenance work. 19. Upon completion of the work, the City and its Agents shall restore the temporary construction access to the condition it occupied immediately before the City and its Agents had access to the sites. Page 179 of 361 4 20. Upon completion of the work, any future repair or maintenance projects shall not exceed thirty (30) days from the beginning of any maintenance project. 21. The City's use of the temporary construction access shall not interfere with the reasonable use and enjoyment of the Winslow Crane Apartments property. 22. This MOU may be revoked by Owner/Developer for non-compliance by the City or its Agents upon thirty (30) days prior written notice. 23. The MOU shall begin upon the final signature on the document and shall expire upon the completion of the pedestrian trail, and all clean-up and restoration, if any, of the temporary staging area has been completed. 24. Any amendments to this MOU shall be in writing and executed by the parties. No oral modifications shall be enforceable by either party unless reduced to writing and signed by the parties. 25. This MOU may not be assigned without the express written approval of the other party. The Parties hereto have executed this MOU this day of 20 . CITY OF ENGLEWOOD By: Title: W H INVESTMENTS, INC., a Colorado corporation By: Title: ATTEST: By: Stephanie Carlile, City Clerk Page 180 of 361 LANTZ ASSOCIATES June 2020 Revised August 2020 Parking Reduction Study Winslow Crane Site Galapago St at Dartmouth Ave Englewood, CO Prepared for: Dartmouth MFP, LLC Introduction The proposed development of the Winslow Crane Site is requesting that the development be allowed to use parking requirements for Transit Oriented Developments (TOD) as part of their development. A TOD is a development that is near a Transit station. The Institute of Transportation Engineers (ITE) recommends a development should be within 0.25 miles of a station to be a TOD. The Regional Transportation District (RTD) recommends a development should be within 0.5 miles of a station to be a TOD. The Winslow Crane Site is between .3 miles and .4 miles from the Englewood Light Rail Station. TOD’s typically allow a 20% reduction in the required parking when developments are near Rail Transit stations. Many of the Cities in the Metro area are decreasing the amount of parking required for new developments. Comparing Englewood’s requirements to Lone Tree’s and Lakewood requirements will also show that parking requirements can be reduced. Englewood’s requirements call for 345 parking spaces for the Winslow Crane Site. As presently proposed, the number of parking spaces on the Winslow Crane Site is 305. This represents a reduction of only 12% from the requirements. In addition, there will be 4 loading zones that will accommodate a 35’ vehicle. A 20% TOD reduction would require only 276 spaces. The previously approved PUD included the statement “Reduction of parking may be proposed for multi-unit dwellings.” The owners feel comfortable that the proposed parking resulting from the proposed reduction is more than adequate for the development. Page 181 of 361 Parking Reduction Study Winslow Crane Site Page 2 LANTZ ASSOCIATES June 2020 Revised August 2020 2 Reduced Parking Examples Lone Tree The City of Lone Tree recently conducted a Parking Standards Study for multi-family developments. As part of the study the City Staff conducted a review of parking standards at 16 locations throughout the metropolitan area. The study recommended that 1 space per 1 bedroom unit, 2 spaces for 2 and 3 bedroom units, and .25 spaces for guest parking be the standard for the City. This was in the middle of the requirements from the 16 locations that were studied. For TOD developments, the Community Development Director can reduce the required parking by 20%. The light rail line along I-25 has been in operation for several years now, so the City has some experience with TOD requirements. The City of Lone Tree’s review of projects showed that parking was reported to be adequate for the developments studied except where special conditions exist such as in Broomfield where residents don’t like patrons of the event center taking up the on- street parking instead of paying for parking in the provided parking garages. Using the Lone Tree Standards, the Winslow Crane Site would have to provide: Studio & One Bedroom 158 units 140 parking spaces Two Bedroom 45 units 90 parking spaces Guest Spaces 203 units 51 parking spaces Total Residential 281 parking spaces Total spaces required 281 Total spaces w/-20% 225 Total spaces provided 305 (80 extra spaces) Lakewood The City of Lakewood recently updated their parking standards. The West Corridor light rail has been in operation for over two years now, so the City has some experience with parking for TOD’s. The residential standards are a minimum of 1 space per unit and a maximum of 2 spaces per unit. The maximum in TOD areas are 1 space per unit. Page 182 of 361 Parking Reduction Study Winslow Crane Site Page 3 LANTZ ASSOCIATES June 2020 Revised August 2020 3 Using Lakewood’s minimum requirements, the Winslow Crane Site would have to provide: Multifamily units 203 units 203 parking spaces Minimum spaces required 203 Total spaces w/-20% 162 Total spaces provided 305 (143 extra spaces) Thus the proposed number of spaces for the Winslow Crane Site far exceeds the Lakewood requirements. Conclusion The parking spaces proposed for the Winslow Crane Site development were compared to parking standards for the City of Lone Tree and the City of Lakewood and in both cases the number of spaces provided exceeded the number that would be required. Both of these jurisdictions have light rail lines and thus have experience with TOD developments. Both allow a reduction in parking spaces in TOD areas. The spaces required in these jurisdictions were calculated using the normal standards and were reduced 20% for TOD. The Winslow Crane Site is a TOD site as it is within the 0.5 mile distance recommended by RTD and very close to the 0.25 mile distance recommended by ITE. The Site has internal and external sidewalks and is providing trail easements within the site. This allows pedestrians and bicyclists to have convenient access to the Englewood Light Rail Station. In examining the above information it is clear that the number of parking spaces proposed for the Winslow Crane Site exceed the requirements of other jurisdictions that have successful parking standards. The number of parking spaces as proposed appears to be reasonable for the project even if it is not a TOD due to the vicinity of the Englewood Light Rail Station the easy access to the Station via sidewalk or bicycle trails and other mitigation factors. In my professional opinion, the number of parking spaces proposed exceeds what I believe to be adequate parking for a successful project. Page 183 of 361 Page 184 of 361 Trip Generation Analysis Winslow Crane Site Galapago St at Dartmouth Ave Prepared For: Dartmouth MFP, LLC Prepared By: Fred Lantz LANTZ ASSOCIATES 13335 W 72nd Cir Arvada CO 80005 303-887-3714 fredlantz@comcast.net April 2020 Page 185 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 1 LANTZ ASSOCIATES April 2020 Table of Contents Table of Contents ............................................................................................................... 1 Introduction ........................................................................................................................ 2 Figure 1 – Site Location ............................................................................................... 2 Existing Conditions ............................................................................................................. 3 Proposed Development ...................................................................................................... 3 Figure 2 – Site Plan ..................................................................................................... 4 Trip Generation .............................................................................................................. 5 Table 1 – Trip Generation Rates ................................................................................. 5 General Iron Site ............................................................................................................. 5 Table 2 – Trips Generated at Iron Works Compared to 2012 Projections .................. 5 Winslow Crane Site ......................................................................................................... 6 Table 3 – Trips Generated at Winslow Crane Site Compared to 2012 Projection ...... 6 Trip Reductions ............................................................................................................... 6 Table 4 – Reduced Trips for Transit Oriented Design ................................................. 7 Table 5 – Difference in Study Trips for Transit Oriented Design ................................ 7 Trip Distribution .............................................................................................................. 8 LOS Analysis ........................................................................................................................ 8 Conclusions and Recommendations ................................................................................... 8 Appendix ............................................................................................................................. 9 Page 186 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 2 LANTZ ASSOCIATES April 2020 Introduction This Trip Generation Analysis addresses the amount of traffic that will be generated by the redevelopment of the Winslow Crane Site on the northwest corner of Galapago St and Dartmouth Ave. The Analysis will compare the presently proposed development to the development proposed in the 2012 Traffic Impact Study. Figure 1 shows the site location. Figure 1 – Site Location © 2020 Google © 2020 Google © 2020 Google N Inca StBates Ave Dartmouth AveGalapago StFox StSanta Fe DrSITE Page 187 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 3 LANTZ ASSOCIATES April 2020 Existing Conditions The property is presently used for Industrial Uses with the Winslow Crane business. All the streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks from using those streets. Galapago St, Fox St, Bates Ave and Elati St form the truck route in the area. Traffic counts in 2012 indicate Galapago north of Dartmouth has 33% trucks and Elati north of Bates has 52% trucks. As the area redevelops away from Industrial, the truck traffic will decrease. To the south of the site is Dartmouth Ave the major Arterial street in the area that handles most of the traffic to and from the site. Proposed Development The proposed development will consist of 203 multifamily units. The development will access Galapago St at 4 full turn accesses. The single family houses on the south end of Galapago St near Dartmouth will remain and are not a part of this development. This site was a part of the W.H. PUD & Sand Creek PUD that was proposed in 2012. At that time a Traffic Impact Study was prepared for the development. The Winslow Crane Site is the portion of the previous study that was called the South Area. The North Area of the 2012 is presently under development as the General Iron Site. A copy of the 2012 Traffic Impact Study is included in the appendix. The proposed Site Plan for the Winslow Crane Site is shown in Figure 2. Page 188 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 4 LANTZ ASSOCIATES April 2020 Figure 2 – Site Plan BIOSWALECLUB &LEASING2 LEVELS@8,000 SFPOOL& SPADETENTION.23 ACRESBIOSWALEBIOSWALEBIOSWALEHHHHHHHHHHDOG PARKBIOSWALETRTRH5' SETBACK2' SETBACK 2' SETBACK 5' SETBACK10'' SETBACKHBUILDING ABUILDING ABUILDING ABUILDING BBUILDING BBUILDING BBUILDING CBUILDING EBLDG DBLDG DBLDG DArchitecture + Planning820 16th Street, Suite 535Denver, CO 80202303.825.6400ktgy.comMetropolitan Residential Advisors2019 S. Galapago StDenver, CO 80223ENGLEWOOD, COLORADO # 2018-0060WINSLOW CRANE SITESITE PLANDECEMBER 2, 2019010020050A1.0FEASIBILITY STUDYGalapago StreetRail Lines & Santa Fe DriveW Dartmouth Avenue W Cornell Avenue W Bates Avenue Page 189 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 5 LANTZ ASSOCIATES April 2020 Trip Generation The proposed development on the Winslow Crane Site will be 203 multifamily units. Since this site was combined with the General Iron site to the north in the 2012 Traffic Impact Study, trips will be estimated for both sites. Table 1 below shows the trip generation rates from the Institute of Transportation Engineers Trip Generation Manual 10th Edition for the land uses that are proposed. Trip Generation Rates - Weekday ITE Code Land Use Unit Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 210 Single Family du 9.44 0.18 0.56 0.74 0.62 0.37 0.99 220 Multifamily (Low-Rise) du 7.32 0.11 0.35 0.46 0.35 0.21 0.56 Du = Dwelling Unit Table 1 – Trip Generation Rates General Iron Site Table 2 indicates the the number of trips that the General Iron Site will generate for daily and peak hour periods. These trips are compared to the trips projected in the 2012 Traffic Impact Study Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 210 Single Family 31 du 293 6 17 23 19 12 31 220 Multifamily (Low-Rise) 175 du 1281 19 61 80 61 37 98 Total General Iron Trips 1574 25 78 103 80 49 129 221 Apartments (2012) 350 2328 35 144 179 140 77 217 Difference in General Iron Trips -754 -10 -66 -76 -60 -28 -88 Table 2 – Trips Generated at Iron Works Compared to 2012 Projections As the above table indicates, the development of the Iron Works north of the Winslow Crane Site is expected to generate 754 fewer trips daily, 76 fewer trips in the AM peak Page 190 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 6 LANTZ ASSOCIATES April 2020 hour and 88 fewer trips in the PM peak hour than was predicted in the 2012 Traffic Impact Study. Winslow Crane Site Table 3 indicates the he number of trips that the Winslow Crane Site will generate for daily and peak hour periods. These trips are compared to the trips projected in the 2012 Traffic Impact Study Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Multifamily (Low-Rise) 203 du 1486 22 71 93 71 43 114 220 Apartments (2012) 210 1396 21 86 107 84 46 130 Difference in Winslow Crane Site +90 +1 -15 -14 -13 -3 -16 Table 3 – Trips Generated at Winslow Crane Site Compared to 2012 Projection As the above table indicates, the development of the Winslow Crane Site is expected to generate 90 more trips daily, 14 less trips in the AM peak hour and 16 less trips in the PM peak hour than was predicted in the previous traffic impact study. Thus the Winslow Crane site generates slightly more daily trips, but generates fewer peak hour trips. Trip Reductions The Iron Works and the Winslow Crane developments are located near the light rail station, which makes these transit oriented developments. Some of the vehicular trips will be replaced by people walking and riding bicycles to the light rail station. ITE recommends that in the case of a transit oriented development that the number of vehicle trips be reduced. In this study, the number of trips will be decreased by 20% to reflect the transit oriented development. Table 4 shows the reduced number of trips for both developments combined. Page 191 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 7 LANTZ ASSOCIATES April 2020 Trips Generated - Weekday ITE Code Land Use Size Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Iron Works Site 206 du 1574 25 78 103 80 49 129 220 Winslow Crane Site 203 du 1486 22 71 93 71 43 114 Total Iron Works & Winslow Crane 3060 47 149 196 151 92 243 Total with 20% Reduction for TOD 2448 38 119 157 121 74 195 Table 4 – Reduced Trips for Transit Oriented Design (20% Reduction in Trips) As the above table indicates, the development of the combination of the Iron Works Site and the Winslow Crane Site is expected to generate 2448 trips daily, 157 trips during the AM peak hour and 195 trips during the PM peak hour after a 20% reduction to reflect the Transit Oriented Design. The Transit Oriented Design trips calculated for both the Iron Works and Winslow Crane Site with this traffic analysis will be compared to the trips projected for the North Site and the South Site in the 2012 Traffic Impact Study. This is summarized in Table 5. Trips Generated - Weekday Studies Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Previous Study (2012) 2971 45 184 229 179 99 278 This study (General Iron & Winslow) 2448 38 119 157 121 74 195 Difference Study Trips -523 -7 -27 -72 -58 -25 -83 Table 5 – Difference in Study Trips for Transit Oriented Design (20% Reduction in Trips) As the above table indicates, the development of the Winslow Crane Site and the General Iron Site is expected to generate 523 fewer trips daily, 72 fewer trips in the AM peak hour and 83 fewer trips in the PM peak hour when compared to the 2012 traffic Page 192 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 8 LANTZ ASSOCIATES April 2020 impact study. Thus the Winslow Crane site and the General Iron site will generate less daily trips, and less peak hour trips. Trip Distribution Using the existing traffic patterns and the patterns that will occur with the proposed development, the trips generated by the Winslow Crane site will be the same as the trip distribution in the 2012 Study. Because of the decrease in trips cause by Covid-19, traffic counts cannot be updated at this time. LOS Analysis The 2012 study indicated that LOS at the intersections in the area would change very little with the addition of the north and south developments. Since the Iron Works development is predicted to generate fewer peak hour vehicles and the Winslow Crane site will also generate fewer peak hour vehicles, it is expected that the LOS at the adjacent intersections will be better or remain as predicted in the 2012 study. The Dartmouth and Inca signalized intersection is expected to operate at LOS B or better in the short term and the long term (2032). The intersection of Galapago and Dartmouth is expected to have all directions operating at LOS B or better in the short and long term (2032). Conclusions and Recommendations This Trip Generation Analysis examines the impact of the proposed multifamily development at the northwest corner of Galapago St and Dartmouth Ave. Access to the development will be from 4 full accesses along Galapago St. The single family homes on Galapago St near Dartmouth are to remain and are not a part of this development. The development is expected to generate 1486 weekday trips, 93 AM peak hour trips and 114 PM peak hour trips. The trips from the proposed Winslow Crane Site and the adjacent Iron Works site are quite a bit less than the trips predicted in the 2012 Traffic Impact Study of these sites. Since the 2012 study showed that the development would have little if any impact on the adjacent roadways, this development will also have little if any impact as the number of generated trips are less than those in the 2012 study. Page 193 of 361 Winslow Crane Site Galapago St at Dartmouth Ave 9 LANTZ ASSOCIATES April 2020 This Trip Generation Analysis indicates that the findings of the 2012 Traffic Impact Study are still valid. The development will have little or no impact and the roadways in the area can easily accommodate the additional traffic. Appendix 2012 Traffic Impact Study Page 194 of 361 County Rd 10 County Rd 31 ! ! ! ! ! Traffic!Impact!Study! ! W.H.!PUD!&!Sand!Creek!PUD!! Englewood,!Colorado! ! ! ! ! ! ! ! ! Prepared!By:!! Baseline!Engineering!Corporation! 700!12th!Street!#!220! Golden,!Colorado!80401! Fred!Lantz! Traffic!Engineer! ! August!2012! Page 195 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 1 Table!of!Contents! Table of Contents ................................................................................................................ 1! Introduction ......................................................................................................................... 2! Figure 1 - Site Location ............................................................................................... 2! Existing Conditions ............................................................................................................. 2! Figure 2 - Existing Traffic Volumes ........................................................................... 3! Existing Level of Service (LOS) ..................................................................................... 4! Table 1 – Existing LOS ............................................................................................... 4! Proposed Development ........................................................................................................ 4! Figure 3 – Conceptual Site Plan .................................................................................. 5! Trip Generation ............................................................................................................... 6! Table 2 – Trip Rates and Site Generated Trips ........................................................... 6! Table 3 – Reduced Trips for Transit Oriented Design ................................................ 7! Table 4 – Net Increase in Trips ................................................................................... 7! Distribution of Trips ........................................................................................................ 7! Figure 4 – Distribution Percentages ............................................................................ 8! Site Generated Traffic ..................................................................................................... 8! Figure 5 – Site Generated Traffic ................................................................................ 9! Short and Long Term Traffic Analysis ......................................................................... 10! Figure 6 – Short Term Background Traffic ............................................................... 10! Figure 7 - Short Term Total Traffic .......................................................................... 11! Figure 8 - Long Term Background Traffic ................................................................ 12! Figure 9 - Long Term Total Traffic ........................................................................... 13! Short Term and Long Term LOS .................................................................................. 14! Table 5 – Future LOS ................................................................................................ 14! Conclusions and Recommendations .................................................................................. 15! Appendix ........................................................................................................................... 16! !! Page 196 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 2 Introduction! This traffic impact study addresses the traffic generated by the proposed W.H. PUD & Sand Creed PUD. The proposed development is located on the east side of the railroad/RTD tracks, north of Dartmouth Ave, and west of Galapago St and Elati St. The area presently contains Industrial uses. The proposed use is apartments. This study will focus on the traffic impact at the intersections along Dartmouth Ave. Traffic using Elati St north of the site and Bates Ave east of the site to access the proposed development will also be determined. The location of the site is shown below in Figure 1. ! Figure!1!M!Site!Location! Existing!Conditions! The site is presently used for Industrial uses. The site is bordered on the west side by the railroad/RTD tracks. No access to the site is available from the west side. The northern portion of the existing development is accessed from Bates Ave. The southern portion of the existing development is accessed from Galapago St. Santa FeDartmouthGalapago ElatiBates SITE SITEPage 197 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 3 All the streets in the area of the proposed development are local streets. Many of the streets to the east of the industrial site are signed to prohibit trucks from using those streets. Galapago St, Fox St, Bates Ave and Elati St form the truck route in the area. Traffic counts indicate Galapago north of Dartmouth has 33% trucks and Elati north of Bates has 52% trucks. To the south of the site is Dartmouth Ave the major Arterial street in the area that handles most of the traffic to and from the site. Figure 2 summarizes the existing AM and PM peak hours. The traffic counts are included in the appendix. Figure!2!M!Existing!Traffic!Volumes! !"#!$%#$&#" $%&#!&% '(#$) $!)#"(&$(#!&!*#!+"#&"*#**#**#* $%*#!&+ *#**#"*#**#&'#* $'*#"(& *#* "()#"(" &"*#**% $)$#!!& &"#*!&%'#*!$%%#"!!#*(%#&&"#""#&& "%!#"*" &*#&' $#' $$%#!'( "#$ *%#*$ *&#*'&$#"*"%#%"!#&(&#%*#%Existing Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N AM/PM Peak Hour Page 198 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 4 Existing(Level(of(Service((LOS)( The local streets in the area have relatively low volumes of traffic and the LOS is A or B and therefore are not a capacity concern. The LOS of the intersections along Dartmouth is calculated using the computer program Synchro. The existing LOS at the intersections along Dartmouth are shown in Table 1. Table!1!–!Existing!LOS! As the table indicates, the all of the existing intersections have an LOS of C or better in both the AM and PM peak hours. This means that the intersections are operating at a low capacity. The LOS calculations are included in the appendix. Proposed!Development! The proposed developments for the site are apartments. The application to the City at this time is for zoning, without a specific development plan. This traffic impact assumes 35 units per acre for the development. The trip generation volumes will be calculated using this density. A conceptual development plan is shown in Figure 3. This plan assumes that the northern parcel has access to Elati St, and two access points on Bates Ave. The plan assumes that the southern parcel has access to Galapago St. !"#$%&'(&)%*+$, - *'&)%*+$ - .' %/+0%1".$ 2"#$). 3 3 45"61'0 3 3 45"7*81%3 3 95" :&;% 3 3 95" 61'0 3 3 <5":&;%== <5"7*81%3 3 - .' %/+0%1".$ 2">.?.@.8+ 3 3 45":&;%3 3 A5 5 5 - .' %/+0%1".$ 2"B+C 3 3 45":&;%3 3 95" :&;%3 3 <5 = = A5 = 5 - .' %/+0%1".$ 2"4?.%* 3 3 45 3 3 95 3 3 <5 = = A5 5 5 3D 4C*(%*$8":EA FD Page 199 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 5 Figure!3!–!Conceptual!Site!Plan!! Page 200 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 6 Trip(Generation( The number of trips that would be generated by the assumed density of 35 units per acre and the existing trips from the present industrial use are shown in Table 2. These trips were estimated using the Institute of Transportation Engineers Trip Generation, 8th edition manual. This manual gives the trips rates for various land uses and allows the calculation of the number of trips on a daily basis as well as during the AM and PM peak hours. Trip Generation Rates ITE Code Land Use Unit Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 110 Gen Light Industrial Acres 51.8 6.23 1.28 7.51 1.60 5.66 7.26 220 Apartment DU 6.65 0.10 0.41 0.51 0.40 0.22 0.62 ! Existing Industrial Trips ITE Code Land Use Acres Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 110 Gen Light Industrial (N Site) 10 518 62 13 75 16 57 73 110 Gen Light Industrial (S Site) 6 310 37 8 45 10 34 44 Total 828 99 21 120 26 91 117 ! Generated Trips ITE Code Land Use Units Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Apartment (N Site) 350 2328 35 144 179 140 77 217 220 Apartment (S Site) 210 1396 21 86 107 84 46 130 Total 3724 56 230 286 224 123 347 Table!2!–!Trip!Rates!and!Site!Generated!Trips! The apartments are located near the light rail station, which makes this a transit oriented development. Some of the vehicular trips will be replaced by people walking and riding bicycles to the light rail station. ITE recommends that in the case of a transit oriented development that the number of vehicle trips be reduced. In this study, the number of trips will be decreased by 20% to reflect the transit oriented development. Table 3 shows the reduced number of trips. Page 201 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 7 Transit Oriented Design Generated Trips ITE Code Land Use Units Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total 220 Apartment (N Site) 350 1862 28 115 143 112 62 174 220 Apartment (S Site) 210 1109 17 69 86 67 37 104 Total 2971 45 184 229 179 99 278 Table!3!–!Reduced!Trips!for!Transit!Oriented!Design! (20% reduction in Trips) When the proposed development is constructed the number of trips presently generated by the existing industrial uses will be removed from the roadways. Because this is a change in use, the existing trips must be subtracted from the trips that will be generated by the apartments. This will yield the net increase in trips due to the redevelopment of the property. Table 4 shows the net increase in trips. Net Difference in Trips Land Use Daily AM Peak Hour PM Peak Hour Enter Exit Total Enter Exit Total Gen Light Industrial (Existing) 828 99 21 120 26 91 117 Apartments (Proposed) 2971 45 184 229 179 99 278 Difference 2143 (54) 163 109 153 8 117 Table!4!–!Net!Increase!in!Trips! As Table 4 indicates the apartments only add 2143 additional daily trips to the street system. The number of trips entering the development in the AM peak hour will decrease by 54 with the new land use. These differences are due to the types of trips of the existing land use and the proposed use. The existing industrial use has the majority of the trips entering in the AM and exiting in the PM. The apartments on the other hand have the majority of the trips exiting in the AM and entering in the PM, the opposite of the industrial use. While not specifically identified, a large portion of the trips will change from truck traffic to automobile traffic with the change in use from industrial to residential. Distribution(of(Trips( Now that the number of trips generated by the development have been identified, they must the assigned to the roadway network. Using the existing traffic patterns and the patterns that will occur with the proposed development, the trips will be assigned according to the percentages identified in Figure 4. There are different distribution patterns for the two development areas based upon where there access points are located. Thus the trip distribution is shown as the percentage distribution for the north development area and the percentage distribution for the south development area. Page 202 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 8 Figure!4!–!Distribution!Percentages! Site(Generated(Traffic( The net site generated traffic is assigned to the roadway network based upon the Distribution percentages. Figure 5 shows the traffic volumes for the AM and PM peak hour periods !"#$%&'$()*+, -&#., //)*+, 0"$,1)*+,2/"3)4$5&6)4$7"/"8"9&)4$:.; ")4$N 20% N15% N20% N30% N15% N 15% N = Distribution for the North Development Area 15% S = Distribution for the South Development Area 15% S10% S75% SPage 203 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 9 Figure!5!–!Site!Generated!Traffic! (!"#$%"#&'#(! !"#() ('#&! ('#!*("#+%#%"#''#) ('#(+ %#%%#%%#%%#%*#(& (%#(* %#% !'#+( %#% $"#"% "#"%#%'#+(%#)%#%"#'"#(( (%#) %#% '#) )#(* %#% *#!& ("#("("#"!*#'"%#%%#%%#%Generated Traffic ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 204 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 10 Short(and(Long(Term(Traffic(Analysis( In order to determine the traffic impacts of the proposed development, the short term and long term traffic with the development included is compared to the short term and long term background traffic. Short term traffic is defined as two years from the present and the long term is defined as 20 years from the present. The background traffic was inflated to represent a 1% per year growth rate. Figures 6-9 show the short term and long term background and total traffic. Figure!6!–!Short!Term!Background!Traffic! !!"!#$"%&"# %%'"!(# )&"#' %)*"#&&#"&#("(("(("( %%&"!$' ("(("#("(("&)"( %*&"#&& ("( #&+"#&# &##"(() #'%"!)% &#"()&%'"(!+$%"#)!"('$"&&#"##"&& #%)"#$! &("&) %") %#("!*$ #"% ($"(% (&"(*&%"#$#%"$!!"&'&"$("$Short Term Background Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 205 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 11 ( Figure!7!M!Short!Term!Total!Traffic! !!"!#$%!&#'!#!$ &$'#$() '*#!!! &)*#'"'(*#!'(#()#(!#) &&)#$&! (#((#'(#((#!(#!$ &%+#'(! (#( &+(#'+" !''#(() '%$#$)% ("#()!&*#($+"!#$'!$#(!"#!!!*#'(#(! '$"#'"$ !(#!) (#!( &&$#$++ '#& !)#&) &$#(("*#(!&+#$%$#!*!#"(#"Short Term Total Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 206 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 12 Figure!8!M!Long!Term!Background!Traffic! !"#!!$#%&#' %&!#!(' "$#%) %'(#'*&'#&"+#++#++#+ %&"#!$+ +#++#'+#++#&"#+ %''#'*& +#+ '&&#'*' &"+#+'" %)(#!)( &"#(&&'$#(&!$*#'!!#+$$#&('#''#&( '$(#'(* &$#+* %#" %(+#"*$ '#% +"#+) +%#(+&!#'+'$#$+!#&+&#$+#$Long Term Background Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 207 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 13 Figure!9!M!Long!Term!Total!Traffic! !"#"$%#&'#() &%(#!(! *(#')$ &&%#*)&)'#'+)#)"#('#! &)&#!&( )#))#*)#))#'(#'! &!%#*'' )#) &"%#*"( '")#)*" *!&#!+! )*#()'*%#('!(!#!&'!#)&%#'(''#*(#)( **$#*(' '%#)$ (#'( &)*#"'+ *#& )'#&' &$#)*()#)%&+#!"!#')'#%)#%Long Term Total Traffic Volumes ,-./012/34 5 67 81.97::45 67 ;-/7<45 67 =:->4?/@1A4?/B-:-C-D14?/E9F-4?/N (AM/PM Peak Hour) Page 208 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 14 Short(Term(and(Long(Term(LOS( The LOS is calculated with and without the development for both the short term and the long term. Table 2 shows the LOS for the short term background, short term total, long term background and long term total. Table!5!–!Future!LOS! As the above table indicates, there is very little change in the LOS in the future with or without the development. The only direction that exceeds LOS C is the northbound leg at the intersection at Dartmouth and Fox which is predicted to be LOS D. LOS D is an acceptable LOS for the peak hour in the metro area, particularly 20 years from now. ! !"#$%&'(&)%*+$, - *'&)%*+$ - .' %/+0%1".$ 2"#$). 3 3 3 3 3 4 3 3 54"61'0 3 3 3 3 3 3 3 3 54"7*81%3 3 3 3 3 3 3 3 94" :&;% 3 3 3 3 3 3 3 3 94" 61'0 3 3 3 3 3 3 3 3 <4":&;%======== <4"7*81%3 3 3 3 3 3 3 = - .' %/+0%1".$ 2">.?.@.8+ 3 3 3 3 3 3 3 3 54":&;%3 3 3 3 3 3 3 4 A4 4 4 4 4 4 4 4 4 - .' %/+0%1".$ 2"B+C 3 3 3 3 3 4 3 4 54":&;%3 3 3 3 3 3 3 3 94" :&;%3 3 3 3 3 3 3 3 <4 = == = = = = - A4 = 4 = = = = = = - .' %/+0%1".$ 2"5?.%* 3 3 3 3 3 3 3 3 54 3 3 3 3 3 3 3 3 94 3 3 3 3 3 3 3 3 <4 = == = = = = = A4 4 4 4 4 = 4 4 4 3D A1+'%"6&'/:+$8"6&'/ 6+%.?4.) E8'+0$2 6+%.? 3D FD 3D FD 3D FD 4.) E8'+0$2 B0%0'&":GA FD Page 209 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 15 Conclusions!and!Recommendations! The LOS analysis clearly shows that the proposed development can be constructed without adversely affecting the existing roadways. No roadway construction improvements are necessary to accommodate the traffic from the proposed development. The traffic will change on the roadways with the number of trucks decreasing, and the number of automobiles increasing. Some of the increase in the traffic will be offset by the decrease in traffic from the existing industrial area. There will only be a small increase in traffic due to the development during the AM and PM peak hours. The one area that may need some roadway re-striping is the eastbound left turn from Dartmouth onto Galapago. The long term total traffic estimate projects this turning movement to be 120 vehicles in the PM peak hour. This volume would normally need approximately 120’ of storage, however Synchro predicts that the 95th% queue length to only be 15’ or one vehicle. Based upon the predicted queue length, the existing 60’ left turn lane is adequate to accommodate the additional traffic. There is an 8’ painted median separating the eastbound left turn lane at Galapago and the westbound left turn lane at Inca. Removing this median and separating the turn lanes with a single double yellow line could extend the eastbound left turn lane to approximately 100’ approaching the storage normally needed for 120 vehicles in the PM peak hour. This traffic impact study is based upon a conceptual site plan and a development density of 35 units per acre. While this study can be used as a planning tool for future development, it should be updated when a specific site plan is developed to ensure that the traffic impacts remain the same as predicted. Page 210 of 361 W.H. PUD & Sand Creek PUD Traffic Impact Study August 2012 16 Appendix! Traffic Volumes LOS Calculations Page 211 of 361 June 22, 2020 Mr. Erik Sampson City of Englewood Community Development 1000 Englewood Parkway Englewood, CO 80110 RE: W H Planned Unit Development PUD Site Development Plan Submittal Design Waiver Request Dear Mr. Sampson: On behalf of the applicant, Dartmouth MFP, LLC, the purpose of this letter is to request approval for a waiver to a City (City) of Englewood staff-imposed design/ construction element that is being requested of the applicant with the above-mentioned project. A Vicinity Map of the area in question is below. Figure 1 VICINITY MAP. Page 212 of 361 Wh Planned Unit Development- Pud Site Plan Application Design Waiver Request 2 PROJECT INFORMATION The project proposes redevelopment of approximately 6.6 -acres of land which is currently an industrial use (crane service and storage). The project which is a long and narrow parcel of land will be developed to include 203 new residential apartment units within eleven buildings and one building for resident amenities (clubhouse with a pool). In addition to the building, appurtenant parking, significant improvements to the landscape, providing a storm water quality and detention system for the 100-year storm events (no detention or water quality exist at this time) this project will also be improving the public water system by replacing an existing four inch water main and creating additional loops to the line in S. Galapago. St. Further, as negotiated with the City, the site configuration has been adjusted to accommodate a ten-foot trail easement along the entire west boundary. DESIGN REQUEST The City, through the DRT process, has requested that this project provide right of way construction in front of the single family homesites along the west side of S. Galapago St. which are not a part of this project. (see vicinity Map above.) The requested construction includes removal of the existing monolithic rollover curb, gutter and 3-foot +/- sidewalk and replacement with 6-inch vertical curb, gutter and 5.5-foot sidewalk in accordance with current City standard. Further, the requirement would include to match grades from the new back of walk to the existing surface. WAIVER REQUEST The Applicant requests that the request to provide construction along the public right of way in front of the single-family homes, not owned by the applicant on S. Galapago St, as shown in the Vicinity Map above, be waived. JUSTIFICATION The request for the improvements in front of the single-family homes creates concerns for the applicant for a few reasons. First, the applicant has agreed to dedicate an easement that is ten feet wide along the entire western portion of the project for the use and benefit of the greater community of Englewood. The easement will become a multi-modal trail that runs parallel to the rail lines. It is our understanding that conceptual consideration for a bridge over Dartmouth Ave has been considered and that the trail would cross the grade of the lower Dartmouth Ave. on this bridge. Page 213 of 361 Wh Planned Unit Development- Pud Site Plan Application Design Waiver Request 3 Further it is the understanding of the design team based upon the conversations that took place in the DRT meetings that the provision of this trail easement dedication and the loss of ability to permanently use that land for landscape and buffer yard should be considered as a sufficient public improvement that would serve to eliminate the request for the right of way improvements that are at issue with this waiver request. Second, the land that would be affected includes right of way that was been improved by the respective landowners. Improvements include fences, retaining wall, driveway accesses and landscaping. The reconstruction of the sidewalk would eliminate many of these improvements and would require disturbance to catch the grade as the yards rise toward the houses. Further, the installation of a 6-inch vertical curb would block the vehicular access from Galapago that many residents have created (or was allowed). We believe the removal of the improved frontages would, not be desired by the adjacent landowners. Third, it is our opinion that any improvements in front of the land controlled by others should be a requirement of their request to redevelop or improve their properties. In conclusion, we feel that while the intent is understood, the desire of the City to require the Applicant to construct offsite improvements that are not adjacent to the project but are fronting other landowner properties is not appropriate. The Applicant is providing for other unanticipated development costs that will benefit the community in the form of the regional trail easement. And as such, was under the impression that there would be some relief in this specific request. Further, the requested improvements would disturb right of way improvements made by the respective landowners that abut the area in question. The removal of these improvements are not likely to be supported by the land owners. While we understand this is public right of way and under the control of the City, we do not want to be perceived as the impetus for these changes. Rather, we believe it is appropriate for the landowners adjacent to the public right of way to be required to upgrade their frontage at the time of redevelopment or request for permit to improve the property. Page 214 of 361 Page 215 of 361 of SHEET NUMBER:ISSUE DATE:DATE REVISIONSBYDESIGNED BY: DRAWN BY: JOB NUMBER:PREPARED FOR:3 LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN WH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120106/22/20KTGY - ARCHITECTURE + PLANNING820 16TH STREET, SUITE 500DENVER, CO. 80202(303) 825-6400CONTACT: JR Ronczyktgy@ktgy.comOF 31MATERIAL BOARD1 1 PANEL -SMOOTH -COLOR 1 (SW7004 SNOWBOUND) PANEL -SMOOTH -COLOR 6 ( KNIGHTS ARMOR) PANEL -TRADITIONAL -COLOR 2 (STERLING GREY) LAPPED SIDING -COLOR 3 (OLIVE) TRIM / FACIA-COLOR 5 (SW6991 BLACK MAGIC) ASPHALT SHINGLES (CERTAINTEED, NOIR BLACK) TRESPA METEON -COLOR 4 (ITALIAN WALNUT)09/25/2020Page 216 of 361 Winslow Crane Neighborhood Meeting Held Virtually via GoToMeeting June 18, 2020  Will there be any affordable units available? (WC answer: probably not)  Will the Sante Fe Depot property be incorporated into the project? (WC answer: no)  What would the timeframe of the project be from breaking ground to final completion? (WC answer: Break ground March of 21’; final completion by Sept. 22’)  What would be the traffic impacts and has traffic impacts been considered with the project? (WC answer: Traffic Impact Study to be included with PUD submittal for review by Public Works)  What are the parking ratios? (WC: parking provided meets the approved PUD District Plan)  What will the quality of the apts be; what is the price point? (WC gave no exact numbers but said ‘not Denver prices’) Page 217 of 361 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 218 of 361 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 219 of 361 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 220 of 361 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 221 of 361 1 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #ZON2020-001 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS FOR THE ) FINDINGS OF FACT AND WH PLANNED UNIT DEVELOPMENT PLAN ) CONCLUSIONS OF THE (PUD) SITE DEVELOPMENT PLAN ) CITY PLANNING AND ) ZONING COMMISSION ) INITIATED BY: ) Saunders Development and WH Investments ) 3002 South Huron Street ) Englewood, Colorado 80110 ) Commission Members Present: Austin, Townley, Kinton, Atkins, Lipovsky, Haggerty, Adams Commission Members Absent: Browne, Fuller This matter was heard virtually via Zoom before the City Planning and Zoning Commission on December 8, 2020. Testimony was received from staff, the applicant team, and the public. Written information in the form of a staff report, supporting documentation, and an email from Kathleen Kirkman were incorporated into the record. After considering statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT on March 4, 2013, via Ordinance No. 4, Series 2012/2013, the WH Planned Unit Development (PUD) District Plan was approved by City Council changing the zoning of the property from I-1 and R-2-B to PUD. 2. THAT on July 1, 2020, Saunders Development and WH Investments filed an application with the city for a PUD Site Development Plan in compliance with the approved PUD District Plan. 3. THAT a neighborhood meeting was held virtually on June 18, 2020 in accordance with the Unified Development Code requiring that the maximum time between the neighborhood meeting and a public hearing before the Planning and Zoning Commission shall not be more than 180 days. Notice of the neighborhood meeting was mailed to property owners and occupants within 1,000 feet of the site. Page 222 of 361 2 4. THAT notice of the Public Hearing was published in the Englewood Herald on November 26, 2020 and notice of the Public Hearing was on the City of Englewood’s website from November 21, 2020 through December 8, 2020. 3. THAT the property was posted as required, said posting setting forth the date, time, and how to access the Public Hearing. 4. THAT pursuant to the Planned Unit Development procedure, the proposed WH PUD Site Development Plan and subsequent revisions were reviewed by the Development Review Team (DRT) on February 27, July 21, and October 27, 2020. 5. THAT the approved PUD District Plan allows a maximum height of 75 feet; 45 dwelling units per acre, and 25% open space. Whereas, the proposed WH PUD Site Development Plan reduces the maximum height to 40 feet, and dwelling units to 33 dwelling units per acre, and increases open space to 32.6%. 6. THAT the WH PUD Site Development Plan provides a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. 7. THAT the City of Englewood’s Traffic Engineer has reviewed the WH PUD Site Development Plan and concurs that the 10% parking reduction is appropriate due to the future connection to the Rail Trail and its proximity to the Englewood LRT station. Further, the project’s impact to the city transportation network will require minimal mitigation from the developer. 8. THAT the City of Englewood’s Traffic Engineer has reviewed the traffic study and trip generation analysis and concurs that the development will have little or no impact on the roadways, and the area can easily accommodate the additional traffic. 9. THAT the City of Englewood’s Traffic Engineer and Utility Engineer have reviewed and recommend approval of the proposed vacation of rights-of-way and utility preservation/expansion on the site. CONCLUSIONS 1. THAT the application for a PUD Site Development Plan was filed by Saunders Development and WH Investments on July 1, 2020. 2. THAT proper notification of the date, time, and place of the Public Hearing was given by publication in the official City newspaper, posting on the City’s website and by posting the property for the required length of time. 3. THAT all testimony received from staff, the applicant team, and public were made part of the record of the Public Hearing. 4. THAT the City of Englewood’s Development Review Team (DRT) reviewed the WH PUD Site Development Plan and the applicant addressed all issues identified by the DRT. The content of the PUD documents is consistent with the requirements of the UDC. Page 223 of 361 3 5. THAT the proposed WH PUD Site Development Plan reduces the approved PUD District Plan maximum height to 40 feet, dwelling units to 33 dwelling units per acre, and increases open space to 32.6%. 6. THAT the proposed WH PUD Site Development Plan will increase the variety and types of housing within the city. 7. THAT the density is appropriate for its location and proximity to the existing Englewood LRT station and Santa Fe Drive. 8. THAT the open space requirement is being met and the dedication for the Rail Trail will be a benefit for members of the community. 9. THAT the requested rights-of-way are reasonable and fair. 10. THAT the parking reduction is appropriate given the distance to the Englewood LRT station. 11. THAT housing is the number one need in Englewood and the WH PUD Site Development Plan will reduce that need. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the application filed Saunders Development and WH Investments for Case ZON2020-001, 3002 South Huron, WH PUD Site Development Plan be recommended to City Council for approval. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on December 8, 2020, by Mr. Haggerty, seconded by Ms. Townley, which motion states: TO RECOMMEND CASE #ZON2020-001 3002 SOUTH HURON, WH SITE DEVELOPMENT PLAN, TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, Page 224 of 361 4 GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. (a) REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. AYES: Townley, Haggerty, Kinton, Austin, Adams, Atkins, Lipovsky NAYS: None ABSTAIN: None ABSENT: Browne, Fuller The motion carried. These Findings and Conclusions are effective as of the meeting on December 8, 2020. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION _____________________________ Michele Austin, Vice Chair Page 225 of 361 Winslow –Crane PUD Site Development Plan 3002 S. Huron St. ZON2020-001 City Council Public Hearing February 16, 2020 Page 226 of 361 •The PUD District Plan was approved by City Council in March of 2013 - formerly zoned Industrial (I-1) •Consists of nine separate parcels to be combined via minor subdivision process •6.12 acres Site Overview Page 227 of 361 •203 Multi-family Units •Studio, 1-bedroom, and 2-bedroom units •176,529 sq. ft. of residential floor area •12 buildings •8 three-story walk-up apartment buildings with tuck-under garages •3 three-story townhome buildings •1 centrally located amenity building •Other amenities include a pool, public gathering spaces, access to the future Englewood Rail Trail •Request to vacate right-of-way at three different locations on-site Project Overview Page 228 of 361 •PUD Process •District Plan vs. Site Development Plan •District Plan approved March 2013 with the condition that any future development be subject to review by the Planning and Zoning Commission and approval by City Council •Approved PUD District Plan includes a variety of allowed uses. Once residential use has been developed, all industrial uses cease and are no longer allowed Winslow Crane PUD District Plan Page 229 of 361 District Plan –Site Development Plan Allowed by PUD District Plan •Max height allowed: 75 feet •Density allowed: 45 dwelling units per acre •Landscaping: 25% Open Space requirement Proposed by Site Development Plan •Height proposed: 40 feet •Density proposed: 33 dwelling units per acre •Landscaping: 32.6% Open Space proposed Page 230 of 361 •Parking •The UDC would require 345 spaces, the site development plan proposed 311 spaces, a 10% reduction •City Traffic Engineer concluded the proposed reduction was appropriate due to the future connection to the Rail Trail and CityCenter light rail station •Bike Parking: 102 bicycle parking spaces will be provided •Traffic Generation Analysis •Project will create 1,486 weekday trips: 93 AM, 114 PM •Conclusion: the area surrounding the development can easily accommodate the additional generated traffic •Utilities/Drainage/Fire reviewed the proposed plan and have no concerns Site Development Plan (continued)Page 231 of 361 1.A portion of South Huron St. (Exhibit A) Right of Way Vacation Requests Page 232 of 361 2. A portion of West Cornell Ave. & 16-ft. public alleyway Right of Way Vacation Requests Page 233 of 361 Public Works Design Wavier Request •Applicant requested a waiver for the reconstruction of the sidewalk along Galapago St. •Request was denied. •Developer had agreed to improve the sidewalk in front of the properties along the west side of Galapago, which are not a part of this PUD development, and grant an easement to the City for the future construction of the rail trail along the western side of the property.Page 234 of 361 •Planning and Zoning Commission held a Public Hearing on December 8, 2020 •Commission unanimously recommended approval of the WH PUD Site Development Plan, including the two proposed ROW vacation requests with the following conditions of approval: 1.Administrative Approval of a minor subdivision plat and filing with Arapahoe County. 2.Dedication of a 10-foot public trail easement for future construction of the Englewood rail trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3.Approval of right-of-way vacation requests for a portion of West Cornell Avenue, South Huron Street, and a 16-foot public alley. 4.Removal of the existing monolithic rollover curb, gutter and a 3-foot +/-sidewalk and replacement with a 6-inch vertical curb, gutter and 6-foot sidewalk in accordance with City standards.The requirement includes matching grades from the new back of walk to the existing surface along the entirety of the Galapago Street frontage, including across the properties located outside of the project that have frontage on Galapago. (a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. 5. Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer. 6. Approval of drainage and water quality study. Planning and Zoning Commission Page 235 of 361 •Planning and Zoning Commission Condition of Approval Item #4(a) •(a) Review of proposed sidewalks for conformance with City Code with regard to attached versus detached sidewalks on residential streets. •Section 16-6-5. –Pedestrian and Bicycle Access and Connectivity, Subsection B.Applicability: “this Section shall apply… to all new residential development containing four (4) or more dwelling units, except where development standards are modified though approval of a Planned Unit Development…” •Approval of PUD District Plan in 2013; •Four DRT reviews in 2020: February, May, July, October: detached sidewalks had never been a staff requirement. •Staff recommends construction of attached sidewalks as proposed by the developer. Sidewalk Analysis Page 236 of 361 •Planning and Zoning Commission Condition of Approval Item #5: •’Acceptance and approval of the submitted traffic study; answering all outstanding questions of the traffic engineer.’ •Public Works has accepted the traffic study and no further modifications are required. Traffic Analysis Page 237 of 361 Staff Recommendations •Staff recommends approval of ZON2020-001 with the following conditions: 1. Administrative approval of a minor subdivision plat and filing with Arapahoe County. 2. Dedication of a 10-foot public trail easement for future construction of the Englewood Rail Trail and approval by City Council of a Memorandum of Understanding for future construction considerations. 3. Approval of the right-of-way vacation requests for a portion of W. Cornell Ave, S. Huron St., and a 16' public alley. 4. Removal and replacement of the existing sidewalk along Galapago St., including across properties located outside of the project which have frontage on Galapago. Page 238 of 361 Hello I was watching the City Council meeting and did not know how to call in. I wanted to let you know my thoughts. I think this project is great. It amazes me how long these types of projects take. I encourage you to approve the project and turn this old industrial lot into beautiful new apartments. Thank you Ken Ken Crounse Hilton Head Investment Company Page 239 of 361 Director Powers and Council Members, I am reaching out to have my comment added to the agenda for the public meeting on February 16, 2021 at 7:00 pm in regards to the approval of the Site Development Plan for the 6.6 acre site at 3002 S. Huron Street in Englewood. First, I’d like to say how happy I was to see that the easement on the west side of the property is being protected for the extension of the Englewood Rail Trail. This is an area that I bike regularly to commute to work and take my children to school and crossing Dartmouth is the most challenging and dangerous part of our ride. An overpass there will make a huge difference for anyone living north of Dartmouth to connect to the rest of Englewood. As the City Center continues to develop, this connection will be vital and I look forward to seeing that overpass prioritized in the coming years. I would also like to express extreme disappointment that this PUD was approved by the Development Review Team without an insistence that the sidewalks along S. Galapago meet Englewood city code by being detached. While I can acknowledge that the proposed 6 foot sidewalk with a 6 inch vertical curb is a vast improvement over what is currently there, the continuation of building new substandard sidewalks in Englewood is reprehensible. Sidewalks can outlive the buildings behind them by decades, so getting these sidewalks right was the opportunity of a lifetime. I would have preferred that the developer be required to build detached sidewalks along their property and not be required to replace the sidewalk in front of the homes that are not part of their property. At least then the sidewalk for most of the roadway would be high quality immediately and the existing properties’ sidewalks could be upgraded to match when they redevelop. I am a parent of two small children who regularly walks this route with a stroller and a toddler on a very small bike. The difference between attached and detached sidewalks is one of safety, walkability, and aesthetic. It is knowing that my three year old will fall onto grass rather than a parked car or roadway if he loses his balance. It gives residents with dogs a place to walk them safely. It adds green space to the property. Detached sidewalks show that cars are not the only priority in a community and that access for all people matters. The communication about this meeting claims that "The proposed WH Site Development Plan would complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments… Together, the three new developments will create a cohesive neighborhood.” As a resident of Iron Works Village, I can say definitively that the attached sidewalks being proposed for 3002 S. Huron are not cohesive with the wonderful detached sidewalks of Iron Works and the Foundry. The report sounds as though it had already been determined that the sidewalks in this development will be attached. The development team has failed its residents with this approval. I hope that as future development is proposed in Englewood, the decision makers will hold developers to the city code as it is written and demand higher quality pedestrian access. Thank you, Kathleen Kirkman Page 240 of 361 2844 S. Fox Street Englewood, CO 80110 Page 241 of 361 Subject: Public Hearing I would like to ask some questions and make some points about the PUD Winslow Crane public hearing. 1. timing-community meeting was more than 180 days ago and given the covid lockdowns, I think another should be held before any public hearing. 2. This PUD was made in 2013 and needs to be seriously reviewed and perhaps cancelled altogether. The last thing we need as a community is to lose more industrial or commercial areas, and the last thing we need is to have the major impact of high density development especially apartments, leased or otherwise. 3. Financial impact: a. There is no indication what the COST to the City will be, with all the impact of the additional load of 203 units added to water, sewage and storm drainage, nor that this development will pay sewer/tap fees commensurate for its size and impact on infr. Citizens have been asking for increases in tap fees to at least 90% of what other cities charge and impact fees. b. There is no indication of the cost of the increased traffic, and load on the streets adjacent. c. 78k is far too little for park in lieu fees. Alta Cherry Hills in 2013 was given a 50% credit on PIL fees, and only paid 50k for the required 4+ acres of park. This development is just as large in terms of units, so should pay far more, especially since 4 acres of park land would cost over 4million. 4. There is a note in the report that to be "fair" to the applicant, these changes should be approved. What about being FAIR to the CITIZEN TAXPAYERS who have to bear the burden of this runaway development and giveaways of the cost and impact to the developers and the subsequent burden on taxpayers? This is in contradiction of the alleged goal of increasing single family homeownership and turning Englewood into an urban rental fly by month overpriced concrete jungle community. I am having trouble with zoom and my phone so I may not be able to phone in, so I trust this will be accepted as part of the public hearing in opposition and my questions answered and this tabled for further consideration and more public imput. I swear/affirm that the foregoing is my opinion and is truthful to the best of my knowledge and belief. Affirmed under penalty of perjury as to my personal knowledge and belief. Coween Ann Dickerson 2835 S. Pennsylvania St Englewood, CO 80113 Page 242 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: February 16, 2021 SUBJECT: Vacation of a portion of South Huron Street right-of-way to accommodate the Winslow Crane WH Site Development Plan apartment development. DESCRIPTION: Vacation of a portion of South Huron St - Winslow Crane Planned Unit Development RECOMMENDATION: Staff recommends that City Council hear testimony at a Public Hearing on Dartmouth MFP’s request for a vacation of public right-of-way, and following the public hearing, direct staff to forward an Ordinance for First Reading at the March 1, 2021 regular meeting. PREVIOUS COUNCIL ACTION: There has been no previous Council action concerning Dartmouth MFP’s request for a vacation of public right-of-way. SUMMARY: Dartmouth MFP, LLC has submitted an application requesting the vacation of public right-of-way in conjunction with the Winslow Crane Site Development Plan PUD apartment project. The Winslow Crane project proposes 203 multi-family dwelling units in 12 buildings, as referenced in the application for the WH PUD Site Development Plan. As a part of this project, an existing 4-inch (4”) and 6-inch (6”) water main system will be upgraded with a new eight-inch (8”) main. There will also be utility easements dedicated to the City of Englewood for the construction of a new 8-inch (8”) water main and a new 8-inch (8”) sewer main. All required easements for this project will be memorialized by a Minor Subdivision Plat being completed in conjunction with the PUD Site Development Plan. In order to accommodate the Winslow Crane project, approximately 13.360 square feet of the South Huron Street right-of-way will be required to be vacated. The requested portion to be vacated is located between several properties, all of which are owned by the applicant. Exhibits and legal descriptions depicting the vacation request are attached and will be incorporated into the ordinance approving the requested vacation. The applicant is requesting that the street be vacated and distributed back to the applicant. Page 243 of 361 ANALYSIS: The South Huron Street right-of-way request was reviewed by seven City of Englewood departments and divisions: Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater Treatment. None of the departments or divisions had objections to the vacation requests. Community Development, Engineering, and Utilities also reviewed the proposed easement dedications and concurred with the proposed dedications. The vacation requests were also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. The dry utility companies provided clearance letters with no objection to the vacation requests. CenturyLink has requested the applicant relocate an existing cable as shown at Exhibit B. Xcel Energy has stated no objection to the vacation as long as the appropriate easements for the low and intermediate pressure gas main facilities are established. As previously stated, all required easements for this project will be memorialized by a Minor Subdivision Plat that is being completed in conjunction with the PUD Site Development Plan. The dry utility companies' clearance letters are attached. An overall depiction of the requested right-of-way vacations and proposed easements in conjunction with the proposed project are attached as Exhibit E. Dartmouth MFP has submitted preliminary construction documents for the WH Winslow Crane apartment project which confirm the viability of the proposed utility relocations. The City of Englewood no longer has any public interest in the South Huron Street right-of-way. At the December 8, 2020 Planning and Zoning Commission regular meeting, staff and representatives from Dartmouth MFP presented the vacation of right-of-way requests. Staff and Dartmouth MFP representatives answered questions from the Commission regarding the vacation requests. The Commission then moved and seconded a motion to recommend that City Council approve the vacation of approximately 13,360 square feet of South Huron Street right-of-way located on the Winslow Crane property. The motion carried unanimously with 9 for and 0 against. The Minutes from the December 8, 2020 Planning and Zoning Commission regular meeting are attached. If City Council determines from the testimony and information presented that no private rights will be injured or endangered by the vacation, and that the public will suffer no loss or inconvenience by the vacation, and that in justice to the applicant the request for vacation ought to be granted, then the City Council shall approve such vacation by Ordinance. COUNCIL REVIEW STANDARD: 1. That due and legal notice of the public hearing was given on February 4, 2021, upon the city’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of South Huron Street, and the public will suffer no loss or inconvenience thereby. 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. FINANCIAL IMPLICATIONS: The $29 million Winslow Crane Planned Unit Development Project will provide financial benefits to the city including: Page 244 of 361 • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan addresses the following Strategic Plan Outcomes: Neighborhoods The WH Site Development Plan would complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH Site Development Plan would complete the redevelopment of what was formally vacant or underutilized industrial property. Together the three new developments will create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The proposed site development plan includes building forms and materials that complement neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not a part of this PUD, consists of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project provides a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops it will provide a multi- modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of the request to vacate of a portion of South Huron Street for the Winslow Crane WH Planned Unit Development project. ATTACHMENTS: Exhibit A: South Huron Right-of-Way Vacation Map and Legal Descriptions Exhibit B: Century Link Clearance Letter and Relocation Map Exhibit C: Comcast Clearance Letter Exhibit D: Xcel Clearance Letter Exhibit E: Vacation and Easement Map Planning and Zoning Commission Minutes December 8, 2020 Staff Presentation Applicant Presentation Page 245 of 361 Page 246 of 361 PARCEL 6PARCEL 540080Page 247 of 361 From:Elkins, James To:Kevin Roth Cc:Alex Krasnec; Erik Sampson Subject:RE: Winslow Crane - New Apartments Date:Wednesday, February 3, 2021 1:47:32 PM Attachments:N.821393 field notes 3001 S Galapago ST-no GIS.pdf 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. Centurylink has no problem with the new easements and or right of way. Attached is a drawing of the proposed route to relocate existing cable. Any questiond 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 Page 248 of 361 N.821393F.2800879 ENWDCOMA ARAPAHOE ENGLEWOOD JIM ELKINS 720-545-6037 JOE PERO MOUNTAIN LTD.1 1 1 1/8/21 NOT TO SCALE S =SEWER F =FIRE HYDRANT NEW 48" ROUND TR-HH #2 W/ 50' FIBER LOOP; COPPER PASS THROUGH HH X X X X X X X X XX X X X XNEW 1730 HH #1 X X X X HH NEW 4' S/W DG&A P.695_A0878920 HD 4'00+44 01+0000+00 00+04PIT PIT PIT PIT AERIAL COPPER & FIBER CONTINUE AERIAL COPPER & FIBER CONTINUE HD 4'DN 22'02+12NEW 1730 HH #3 00+83 01+92 02+99 P.A087891901+96P.3001_A0877163 P.3003_A0877162 P.3007_A0877161 P.3013_A0877160 + UP 18' 02+95 00+47S 1.2739 1.0385 60' ROW51' ROW FFIRE HYDRANTXXXXXXXXXREMO 299' BKMA-100 REMO 212' ANMW-100W CORNELL AVE TO W DARTMOUTH AVETO CO S GALAPAGO STD/W (DIRT)16' ALLEY(DIRT)XCTL TO REMO (1) DG CTL TO REMO P.A0878919; (2) DG&A XCEL TO REMO THREE POLES 00+0000+19 EOA00+49 EOANEW DG&A SPLICE FIBER & NEW ANMW-100 THEN DOWN 22' ON P.695; PLACE (1) NEW 4' S/W DG&A AT P.695; HAND DIG FIBER & COPPER 4' FROM P.695 TO NEW 1730 HH #1; BORE 503' NEW 2" FIBER DUCT & NEW ANMW-100 IN SAME BORE FROM NEW HH #1 TO NEW 1730 HH #3 AT P.3013; HAND DIG 4' TO P.3013, THEN UP 18' & SPLICE BOTH CABLES; PLACE (1) NEW MST AT P.3013; PLACE (1) NEW DG&A AT P.3013; PLACE (2) NEW 1730 HHs; PLACE (1) NEW 48" ROUND TRAFFIC-RATED HH (#2) AT 01+00; PLACE 50' FIBER LOOP IN TR-HH, COPPER CABLE IS A PASS-THROUGH; REMO P.A0878919 & (2) DG&As; REMO (1) DG AT P.3003; REMO (1) MST, (1) 49A TERMINAL; (3) SPLICE CASES; REMO 90' 50-PR CABLE TO 3018 S HURON ST; REMO 80' (1) FIBER DROP; REMO 511' AERIAL BROWNFIELD FIBER, 212' AERIAL ANMW-100, 299' AERIAL BKMA-100; MOVE & REATTACH (1) DROP TO P.3013; CITY OF ENGLEWOOD PERMIT REQUIRED; TRAFFIC CONTROL REQUIRED. B=511' HH NOTE: POSSIBLE ROCK IN BORE AREA.Page 249 of 361 City of Englewood Subject: Letter of No Objection – Easement Vacation, 3002 S. Huron St. Englewood, CO 80110. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 3002 S. Huron St. Englewood, CO 80110. the vacation of the alley will be approved contingent vacations are acceptable, with conditions that the proposed easements are dedicated Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Cornell St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Page 250 of 361 Siting and Land Rights Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com January 19, 2021 City of Englewood Planning Department Englewood Civic Center - 1000 Englewood Parkway Englewood, CO 80110 Re: Right of Way Vacation in Englewood To Whom It May Concern: Public Service Company of Colorado’s (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Right of Way Vacation in Englewood. Given that PSCo has existing intermediate pressure natural gas and overhead electric facilities within the “Cornell and alley” exhibit area and both low and intermediate pressure gas main facilities in the “Huron” area, easements are required to cover these utilities. Prior to the vacation, the property owner/developer/contractor must contact Robyn Martinez, Right-of-Way Agent at robyn.m.martinez@xcelenergy.com for all required express PSCo easement documents in order that these facilities remain protected with land rights. Please note that the timing between vacation and new easement is critical. The easements must be recorded directly and immediately after the vacation is recorded. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: donna.l.george@xcelenergy.com Page 251 of 361 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNS F R A I L W A Y (WI D T H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS.Page 252 of 361 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 253 of 361 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 254 of 361 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 255 of 361 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 256 of 361 Winslow Crane PUD 3002 S. Huron St. S. Huron Right-of-Way Vacation SUB2021-005 City Council Public Hearing February 16, 2021 Page 257 of 361 1.A portion of South Huron St. (Exhibit A) Right of Way Vacation Requests Page 258 of 361 Page 259 of 361 Winslow Crane PUD 3002 S. Huron St. W. Cornell and Public Alley Right-of-Way Vacation SUB2021-004 City Council Public Hearing February 16, 2021 Page 260 of 361 2. A portion of West Cornell Ave. & 16-ft. public alleyway Right of Way Vacation Requests Page 261 of 361 Page 262 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETPROJECT TEAM1. Introductions:a. Bryant Winslow – Dartmouth MFP, LLCb. Alex Krasnec – Saunders Commercial Development Companyc. Brett Parmelee– Saunders Commercial Development Companyd. Terry Willis –KTGY Architecture + Planninge. James “JR” Ronczy –KTGY Architecture + Planningf. Kevin Roth –Roth Lang Engineering GroupPage 263 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETPage 264 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETDartmouth MFP, LLC and Saunders Development propose to build a 203‐unit apartment project on just over 6 acres, at 3002 South Huron Street, also known as the Winslow Crane property at the corner of South Galapago Street and Dartmouth Avenue within the confines of an existing Planned Unit Development (PUD). The proposal excludes several adjacent properties along Galapago Street that are not part of the PUD. It is proposed to develop twelve three‐story walk‐up apartment buildings with 92 tuck‐under private garages and 219 surface parking spaces, totaling 311 spaces. There will be approximately 27 studios, 134 one‐bedroom, and 42 two‐bedroom apartments. The plan proposes that the primary entry to the development will be aligned with West Cornell Avenue with an additional access point from Galapago via an existing access near Dartmouth Avenue. A third access point from Galapago will be located between Cornell and Bates Avenues. It is proposed that the existing alley west of Galapago adjacent to the outlying properties be partially vacated and re‐routed, to preserve existing alley access of those homes to the street. Page 265 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETColored site planPage 266 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 267 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 268 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETConceptual imagePage 269 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETBuilding renderConceptual imagePage 270 of 361 DARTMOUTH MFP, LLCSAUNDERS DEVELOPMENTWINSLOW CRANE APARTMENTS   3002 S HURON STREETUtilityPage 271 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Erik Sampson, Wade Burkholder DEPARTMENT: Community Development DATE: February 16, 2021 SUBJECT: Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated public alley for the WH PUD Site Development Plan DESCRIPTION: Vacation of a portion of West Cornell Ave right-of-way and a portion of the associated alley - Winslow Crane PUD RECOMMENDATION: Staff recommends that City Council hear testimony at a Public Hearing on Dartmouth MFP’s request for a vacation of public right-of-way, and following the public hearing, direct staff to forward an Ordinance for First Reading at the March 1, 2021 regular meeting. PREVIOUS COUNCIL ACTION: There has been no previous Council action concerning Dartmouth MFP’s request for a vacation of public right-of-way. SUMMARY: Dartmouth MFP, LLC has submitted an application requesting the vacation of public right-of-way in conjunction with the Winslow Crane Site Development Plan PUD apartment development. The proposed Winslow Crane project proposed 203 multi-family dwelling units in 12 buildings, as referenced in the application for the WH PUD Site Development Plan. As a part of this project, an existing 6-inch (6”) water main system will be upgraded with a new eight-inch (8”) main. There will also be utility easements dedicated to the City of Englewood for the construction of a new 8-inch (8”) water main and a new 8-inch (8”) sewer main. All required easements for this project will be memorialized by a Minor Subdivision Plat that is being completed in conjunction with the PUD Site Development Plan. In order to accommodate the Winslow Crane project, approximately 10,263 square feet of the West Cornell Avenue and Public Alley right-of-way are required to be vacated. The requested portion to be vacated is located between several properties, all of which are owned by the applicant. Exhibits and legal descriptions depicting the vacation request are attached and will be incorporated into the ordinance approving the requested vacation. The applicant is requesting that the street be vacated and distributed back to the applicant. Page 272 of 361 ANALYSIS: The West Cornell Avenue and the adjoining public alley right-of-way request was reviewed by seven City of Englewood departments and divisions: Community Development, Building, Fire, Traffic, Engineering, Utilities, and Wastewater Treatment. None of the departments or divisions had objections to the vacation requests. Community Development, Engineering, and Utilities also reviewed the proposed easement dedications and concurred with the proposed dedications. The vacation requests were also reviewed by dry utility providers including Century Link, Comcast, and Xcel Energy. The dry utility companies provided clearance letters with no objection to the vacation requests. CenturyLink has requested that the applicant relocate an existing cable as shown at Exhibit B. Xcel Energy has stated no objection to the vacation as long as the appropriate easements for the low and intermediate pressure gas main facilities are established. As previously stated, all required easements for this project will be memorialized by a minor subdivision that is being completed in conjunction with the PUD Site Development Plan. The clearance letters from the dry utility companies are attached. An overall depiction of the requested right-of-way vacations and proposed easements in conjunction with the proposed project are attached as Exhibit E. Dartmouth MFP has submitted construction documents for the WH Winslow Crane apartment project which confirm the viability of the proposed utility relocations. The City of Englewood no longer has any public interest in the West Cornell Avenue or public alley right-of-ways. At the December 8, 2020 Planning and Zoning Commission regular meeting, staff and representatives from Dartmouth MFP presented the vacation of right-of-way requests. Staff and Dartmouth MFP representatives answered questions from the Commission regarding the vacation requests. The Commission moved and seconded a motion to recommend that City Council approve the vacation of approximately 10,263 square feet of West Cornell Avenue and 16’ public alley right-of-way located on the Winslow Crane property. The motion carried unanimously with 9 for and 0 against. The Minutes from the December 8, 2020 Planning and Zoning Commission regular meeting are attached. If City Council determines from the testimony and information presented that no private rights will be injured or endangered by the vacation, and that the public will suffer no loss or inconvenience by the vacation, and that in justice to the applicant the request for vacation ought to be granted, then the City Council shall approve such vacation by Ordinance. COUNCIL REVIEW STANDARD: 1. That due and legal notice of the public hearing was given on February 4, 2021, upon the city’s website and printed in the Englewood Herald. 2. No private rights will be injured or endangered by the vacation of a portion of West Cornell Avenue and associated alley, and the public will suffer no loss or inconvenience thereby. 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. FINANCIAL IMPLICATIONS: Page 273 of 361 The $29 million Winslow Crane Planned Unit Development Project will provide financial benefits to the city including: • A one-time payment to the city of approximately $740,000 in Building Permit and Use Tax Fees. • A one-time payment to the city of approximately $78,000 to the Park Fee-in-Lieu Fund. • Approximately $20,000 annually in increased property taxes to the city. CONNECTION TO STRATEGIC PLAN: The WH Planned Unit Development Site Development Plan connects to the following Strategic Plan Outcomes: Neighborhoods The WH Site Development Plan will complement the recently completed Iron Works Village Townhomes project as well as the Foundry Apartments. The WH Site Development Plan would complete the redevelopment of what was formally vacant or underutilized industrial property. Together, the three new developments create a cohesive neighborhood along the light rail corridor that includes diverse housing choices ranging from for-sale single family homes to leased multi-family apartments. The proposed Site Development Plan proposes building forms and materials that will complement neighboring buildings. The building type utilized along the Dartmouth Avenue frontage and closest to the single family residences along Galapago that are not a part of this PUD, consist of buildings which exhibit less massing and respect the single family characteristic along the southern portion of Galapago. Transportation The project will provide a 10-foot trail easement for the Englewood Rail Trail along the entirety of the western property line of the site. As the Englewood Rail Trail develops, it will provide a multi-modal connection between the three new developments and the Englewood light rail station. CONCLUSION: Staff recommends approval of the request to vacate of a portion of West Cornell Avenue and associated public alley for the Winslow Crane WH Planned Unit Development project. ATTACHMENTS: Exhibit A: West Cornell and Public Alley Right-of-Way Vacation Map and Legal Descriptions Exhibit B: Century Link Clearance Letter and Relocation Map Exhibit C: Comcast Clearance Letter Exhibit D: Xcel Clearance Letter Exhibit E: Vacation and Easement Map Planning and Zoning Commission Minutes December 8, 2020 PowerPoint Presentation Page 274 of 361 EXHIBIT A A PARCEL OF LAND BEING A PORTION OF WEST CORNELL AVENUE, THE SIXTEEN (16) FOOT WIDE ALLEY IN BLOCK 1 OF TAYLOR'S ADDITION, AND ALL OF PARCEL 2 AND PARCEL 3 AS DESCRIBED AT BOOK 5712, PAGE 490, ALL DOCUMENTS AS FILED IN THE ARAPAHOE CLERK AND RECORDER'S OFFICE; SITUATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID BLOCK 1; THENCE S89"37'29nW, ALONG THE NORTH LINE OF LOT 49 OF SAID BLOCK 1, A DISTANCE OF 126.85 FEET TO THE NORTHWEST CORNER OF SAID LOT 49; THENCE soo·o1'36"W, ALONG THE WEST LINE OF LOTS 42 THROUGH 49, INCLUSIVE, OF SAID BLOCK 1, A DISTANCE OF 200.14 FEET TO THE SOUTHWEST CORNER OF SAID LOT 42; THENCE S89"37'08n W A DISTANCE OF 16.00 FEET TO THE SOUTHEAST CORNER OF LOT 8 OF SAID BLOCK 1; THENCE N00"01 '36n E, ALONG THE EAST LINE OF LOTS 1 THROUGH 5, INCLUSIVE, OF SAID BLOCK 1, AND THE WEST LINE OF PARCEL 3 OF SAID BOOK 5712, PAGE 490, A DISTANCE OF 249.63 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3; THENCE N89"39'32nE, ALONG THE NORTH LINE OF SAID PARCEL 3 AND SAID PARCEL 2, A DISTANCE OF 142.81 FEET TO A POINT ON THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY; THENCE S00"01 '1 O n E, ALONG THE EAST LINE OF SAID BLOCK 1 EXTENDED NORTHERLY, A DISTANCE OF 49.40 FEET TO THE POINT OF BEGINNING; CONTAINING: 10,263 SQUARE FEET, 0.236 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION WAS PREPARED BY: DON LAMBERT, PLS 30830 FOR AND ON BEHALF OF Esi land surveying, lie �;�USERS\D0N l.AMBERT\ESI 1EAM DROPBOX\ESI PROJEClS\DARlMOUTH & GALAPAG0\ESI ENGLEWOOD APARlMENlS SUBDIVISION Pl.AT 101820.DWG 11/24/2020 2:00 SHEET 1 OF 2 Esi land surveying, lie 3531 S. Logan St. D-324 Englewood, CO 80113 Ph: 303-340-0113 DAlE 10/28/20 PROJECT NO. 20-009 Page 275 of 361 PARCEL 3A20040EXHIBIT APage 276 of 361 From:Elkins, James To:Kevin Roth Cc:Alex Krasnec; Erik Sampson Subject:RE: Winslow Crane - New Apartments Date:Wednesday, February 3, 2021 1:47:32 PM Attachments:N.821393 field notes 3001 S Galapago ST-no GIS.pdf 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. Centurylink has no problem with the new easements and or right of way. Attached is a drawing of the proposed route to relocate existing cable. Any questiond 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 Page 277 of 361 N.821393F.2800879 ENWDCOMA ARAPAHOE ENGLEWOOD JIM ELKINS 720-545-6037 JOE PERO MOUNTAIN LTD.1 1 1 1/8/21 NOT TO SCALE S =SEWER F =FIRE HYDRANT NEW 48" ROUND TR-HH #2 W/ 50' FIBER LOOP; COPPER PASS THROUGH HH X X X X X X X X XX X X X XNEW 1730 HH #1 X X X X HH NEW 4' S/W DG&A P.695_A0878920 HD 4'00+44 01+0000+00 00+04PIT PIT PIT PIT AERIAL COPPER & FIBER CONTINUE AERIAL COPPER & FIBER CONTINUE HD 4'DN 22'02+12NEW 1730 HH #3 00+83 01+92 02+99 P.A087891901+96P.3001_A0877163 P.3003_A0877162 P.3007_A0877161 P.3013_A0877160 + UP 18' 02+95 00+47S 1.2739 1.0385 60' ROW51' ROW FFIRE HYDRANTXXXXXXXXXREMO 299' BKMA-100 REMO 212' ANMW-100W CORNELL AVE TO W DARTMOUTH AVETO CO S GALAPAGO STD/W (DIRT)16' ALLEY(DIRT)XCTL TO REMO (1) DG CTL TO REMO P.A0878919; (2) DG&A XCEL TO REMO THREE POLES 00+0000+19 EOA00+49 EOANEW DG&A SPLICE FIBER & NEW ANMW-100 THEN DOWN 22' ON P.695; PLACE (1) NEW 4' S/W DG&A AT P.695; HAND DIG FIBER & COPPER 4' FROM P.695 TO NEW 1730 HH #1; BORE 503' NEW 2" FIBER DUCT & NEW ANMW-100 IN SAME BORE FROM NEW HH #1 TO NEW 1730 HH #3 AT P.3013; HAND DIG 4' TO P.3013, THEN UP 18' & SPLICE BOTH CABLES; PLACE (1) NEW MST AT P.3013; PLACE (1) NEW DG&A AT P.3013; PLACE (2) NEW 1730 HHs; PLACE (1) NEW 48" ROUND TRAFFIC-RATED HH (#2) AT 01+00; PLACE 50' FIBER LOOP IN TR-HH, COPPER CABLE IS A PASS-THROUGH; REMO P.A0878919 & (2) DG&As; REMO (1) DG AT P.3003; REMO (1) MST, (1) 49A TERMINAL; (3) SPLICE CASES; REMO 90' 50-PR CABLE TO 3018 S HURON ST; REMO 80' (1) FIBER DROP; REMO 511' AERIAL BROWNFIELD FIBER, 212' AERIAL ANMW-100, 299' AERIAL BKMA-100; MOVE & REATTACH (1) DROP TO P.3013; CITY OF ENGLEWOOD PERMIT REQUIRED; TRAFFIC CONTROL REQUIRED. B=511' HH NOTE: POSSIBLE ROCK IN BORE AREA.Page 278 of 361 City of Englewood Subject: Letter of No Objection – Easement Vacation, 3002 S. Huron St. Englewood, CO 80110. ROW Vacation Exhibit To whom it may concern: Comcast has reviewed a request to vacate the access and utility easement at 3002 S. Huron St. Englewood, CO 80110. the vacation of the alley will be approved contingent vacations are acceptable, with conditions that the proposed easements are dedicated Existing Alley. Exception we do have facilities running North and south in the existing Utility ROW on Aerial poles in the existing alley of Cornell St. and will need to have a path provided by developer to reroute facilities to feed services impacted. Please contact me if you should have any questions or concerns at 720-460-7799. Sincerely, Greg Jaeger Comcast of Colorado Construction Specialist 2 Page 279 of 361 Siting and Land Rights Right of Way & Permits 1123 West 3rd Avenue Denver, Colorado 80223 Telephone: 303.571.3306 Facsimile: 303. 571. 3284 donna.l.george@xcelenergy.com January 19, 2021 City of Englewood Planning Department Englewood Civic Center - 1000 Englewood Parkway Englewood, CO 80110 Re: Right of Way Vacation in Englewood To Whom It May Concern: Public Service Company of Colorado’s (PSCo) Right of Way & Permits Referral Desk has reviewed the documentation for Right of Way Vacation in Englewood. Given that PSCo has existing intermediate pressure natural gas and overhead electric facilities within the “Cornell and alley” exhibit area and both low and intermediate pressure gas main facilities in the “Huron” area, easements are required to cover these utilities. Prior to the vacation, the property owner/developer/contractor must contact Robyn Martinez, Right-of-Way Agent at robyn.m.martinez@xcelenergy.com for all required express PSCo easement documents in order that these facilities remain protected with land rights. Please note that the timing between vacation and new easement is critical. The easements must be recorded directly and immediately after the vacation is recorded. Donna George Right of Way and Permits Public Service Company of Colorado dba Xcel Energy Office: 303-571-3306 – Email: donna.l.george@xcelenergy.com Page 280 of 361 4 7 5 3 1 8 9 10 11 12 6 2 S GALAPAGO ST (ROW VARIES)W CORNELL AVE(60' ROW)BNS F R A I L W A Y (WI D T H V A R I E S )W BATES AVE(60' ROW)VARIABLE WIDTH PUBLIC ROW 16' PUBLIC ALLEY (TO BE VACATED)NHORIZONTAL SCALE: 1" = 4040 40' 0 LEGEND: CDOT PROPERTY PUBLIC ROW TO REMAIN PUBLIC ROW TO BE VACATED UTILITY EASEMENT 10' TRAIL EASEMENT 24' ACCESS EASEMENT EXISTING UTILITY EASEMENT TO REMAIN EXISTING EASEMENT TO BE VACATED BUILDING NUMBERS ## WH PLANNED UNIT DEVELOPMENT PUD SITE DEVELOPMENT PLAN File Name: S:\_Projects\181201 - Winslow Crane\CADD\Sheet Sets\PUD SDP\6 - PARCEL & EASEMENT DISPOSITION PLAN.dwg Plotted by: Kevin Roth Date: 9/25/2020 2:57 PMWH PLANNED UNIT DEVELOPMENTPUD SITE DEVELOPMENT PLANPARCEL & EASEMENT DISPOSITION PLANDARTMOUTH MFP, LLC3002 SOUTH HURON STREETENGLEWOOD, CO 80110TJM TJM 18120109/21/20206 of6 32 SHEET NUMBER:ISSUE DATE: DATEREVISIONSBYPREPAREDFOR:7853 E. ARAPAHOE COURT, SUITE 2500CENTENNIAL, CO 80112PHONE: 303-841-9365DESIGNED BY: DRAWN BY: JOB NUMBER: LOCATED IN THE NW 1/4 OF SECTION 34, NE 1/4 OF SECTION 33 TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO NOTE: ALL RIGHT OF WAY AND EASEMENT LIMITS ARE APPROXIMATE. CONFIRMATION OF EXISTING CONDITIONS WITH THE ALTA SURVEY AND TITLE WORK, ALONG WITH A COORDIANTED EFFORT WITH THE CITY DURING THE PLAT PROCESS WILL CREATE THE FINAL LIMITS.Page 281 of 361 MINUTES Planning and Zoning Commission Meeting Tuesday, December 8, 2020 COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Michele Austin Carl Adams Noel Atkins Diane Lipovsky Colin Haggerty COMMISSIONERS ABSENT: Judy Browne Kate Fuller STAFF PRESENT: Erik Sampson, Planner II Wade Burkholder, Planning Manager Brad Power, Director of Community Development Dugan Comer, Deputy City Attorney 1. Call to Order The virtual meeting was called to order by Vice Chair Austin at 7:00 pm 2. Approval of Minutes Draft November 17, 2020 Minutes Moved by Member Colin Haggerty Seconded by Member Diane Lipovsky MOTION TO APPROVE THE NOVEMBER 17 2020 MINUTES. For Against Abstained Cate Townley x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty (Moved By) x 7 0 0 Motion CARRIED. Page 282 of 361 Planning and Zoning Commission December 8, 2020 3. Public Forum This is an opportunity for the public to address the Planning and Zoning Commission regarding items not on the agenda. Commissioners may ask questions for clarification, but there will not be any dialogue. Presentations will be limited to three minutes. 4. Public Hearing Case ZON2020-001 Applicants: Saunders Development and WH Investments 3002 South Huron St. Moved by Member Diane Lipovsky Seconded by Member Daryl Kinton MOTION TO OPEN THE PUBLIC HEARING FOR CASE ZON2020-001, WINSLOW CRANE SITE DEVELOPMENT PLAN, 3002 SOUTH HURON STREET For Against Abstained Cate Townley x Daryl Kinton (Seconded By) x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Moved By) x Colin Haggerty x 7 0 0 Motion CARRIED. Wade Burkholder, Planning Manager was sworn in. Erik Sampson, Planner II was sworn in. Bryant Winslow of Darmouth MFP, LLC was sworn in. Alex Krasnec of Saunders Commercial Development Company was sworn in. Brett Parmelee of Saunders Commercial Development Company was sworn in. James Ronczy of KTGY Arhitecture + Planning was sworn in. Vice Chair Austin entered an email from Kathleen Kirkman into the record. Dan Kaufman, 2904 South Galapago Street, was sworn in. Blake Watters, 2888 South Galapago Street was sworn in. Page 283 of 361 Planning and Zoning Commission December 8, 2020 Jennifer Bartlett, 2844 South Fox Street was sworn in. Moved by Member Cate Townley Seconded by Member Diane Lipovsky MOTION TO CLOSE THE PUBLIC HEARING. For Against Abstained Cate Townley (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky (Seconded By) x Colin Haggerty x 7 0 0 Motion CARRIED. Moved by Member Colin Haggerty Seconded by Member Cate Townley MOTION TO RECOMMEND CASE ZON2020-001 3002 SOUTH HURON STREET, WH SITE DEVELOPMENT PLAN TO CITY COUNCIL FOR APPROVAL WITH THE FOLLOWING CONDITIONS: 1. ADMINISTRATIVE APPROVAL OF A MINOR SUBDIVISION PLAT AND FILING WITH ARAPAHOE COUNTY. 2. DEDICATION OF A 10-FOOT PUBLIC TRAIL EASEMENT FOR FUTURE CONSTRUCTION OF THE ENGLEWOOD RAIL TRAIL AND APPROVAL BY CITY COUNCIL OF A MEMORANDUM OF UNDERSTANDING FOR FUTURE CONSTRUCTION CONSIDERATIONS. 3. APPROVAL OF RIGHT-OF-WAY VACATION REQUESTS FOR A PORTION OF WEST CORNELL AVENUE, SOUTH HURON STREET, AND A 16-FOOT PUBLIC ALLEY. 4. REMOVAL OF THE EXISTING MONOLITHIC ROLLOVER CURB, GUTTER AND A 3-FOOT+/- SIDEWALK AND REPLACEMENT WITH A 6-INCH VERTICAL CURB, GUTTER AND 6-FOOT SIDEWALK IN ACCORDANCE WITH CITY STANDARDS. THE REQUIREMENT Page 284 of 361 Planning and Zoning Commission December 8, 2020 INCLUDES MATCHING GRADES FROM THE NEW BACK OF WALK TO THE EXISTING SURFACE ALONG THE ENTIRETY OF THE GALAPAGO STREET FRONTAGE, INCLUDING ACROSS THE PROPERTIES LOCATED OUTSIDE OF THE PROJECT THAT HAVE FRONTAGE ON GALAPAGO. a. REVIEW OF PROPOSED SIDEWALKS FOR CONFORMANCE WITH CITY CODE WITH REGARD TO ATTACHED VERSUS DETACHED SIDEWALKS ON RESIDENTIAL STREETS. 5. ACCEPTANCE AND APPROVAL OF THE SUBMITTED TRAFFIC STUDY; ANSWERING ALL OUTSTANDING QUESTIONS OF THE TRAFFIC ENGINEER. 6. APPROVAL OF DRAINAGE AND WATER QUALITY STUDY. For Against Abstained Cate Townley (Seconded By) x Colin Haggerty (Moved By) x Daryl Kinton x Michele Austin x Carl Adams x Noel Atkins x Diane Lipovsky x 7 0 0 Motion CARRIED. 5. Staff's Choice 6. Attorney's Choice 7. Commissioner's Choice 8. Adjourn The meeting adjourned at 9:52 pm Nancy Fenton, Staff Liaison Page 285 of 361 Page 286 of 361 Winslow Crane PUD 3002 S. Huron St. S. Huron Right-of-Way Vacation SUB2021-005 City Council Public Hearing February 16, 2021 Page 287 of 361 1.A portion of South Huron St. (Exhibit A) Right of Way Vacation Requests Page 288 of 361 Page 289 of 361 Winslow Crane PUD 3002 S. Huron St. W. Cornell and Public Alley Right-of-Way Vacation SUB2021-004 City Council Public Hearing February 16, 2021 Page 290 of 361 2. A portion of West Cornell Ave. & 16-ft. public alleyway Right of Way Vacation Requests Page 291 of 361 Page 292 of 361 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Angela Goodman DEPARTMENT: Utilities DATE: February 16, 2021 SUBJECT: Allen Water Treatment Plant Granular Activated Carbon Removal and Replacement DESCRIPTION: Utilities staff recommends Council approve a Contract for Services (CFS) agreement, in the amount of $398,932.00, with Calgon Carbon Corporation to remove and install virgin Granular Activated Carbon (GAC) filter media at the Allen Water Treatment Plant (AWTP). RECOMMENDATION: Utilities staff recommends Council approve, by motion, a Contract for Services (CFS) agreement, in the amount of $398,932.00, with Calgon Carbon Corporation (Calgon) to remove and install virgin Granular Activated Carbon (GAC) filter media at the Allen Water Treatment Plant (AWTP). The Water and Sewer Board recommended that City Council approve the agreement during their February 9, 2021 meeting. PREVIOUS COUNCIL ACTION: • Council approved a GAC lease agreement with American Commonwealth Management Services, Inc. at their October 19, 1998 meeting. • Council approved a GAC lease agreement with American Water Resources at their February 22, 2005 meeting. • Council approved a GAC lease agreement with American Water Resources at their January 22, 2007 meeting. • Council approved a GAC lease agreement with Calgon at their January 19, 2010 meeting. • Council approved a contract agreement with Calgon for GAC removal and installation services for filters 5 and 6 at their March 2, 2015 meeting. • Council approved a contract agreement with Calgon for GAC removal and installation services for filters 2, 3, and 4 at their November 20, 2017 meeting. SUMMARY: The AWTP's raw water sources can vary in quality leading to complaints of musty tastes and odors from Englewood customers. The GAC filters help remove the organic and inorganic materials which cause taste and odor issues. The GAC media will degrade over time and must be replaced every 3-5 years to maintain water quality that meets state requirements. Page 293 of 361 ANALYSIS: In the past, the GAC filter media has been leased. This leased GAC consisted of regenerated carbon. Regenerated carbon is derived by cleaning spent GAC. This practice has been discontinued in favor of purchasing virgin GAC which is of higher quality and has a longer service life. A Request for Proposal (RFP) was developed and advertised on the Rocky Mountain E- Purchasing System (Bid Net) in October 2020. The bids were opened on October 19, 2020 and due to a change in funding amounts for the project, all bids were rejected. The project was re- advertised in December 2020 and bids were opened on December 4, 2020. One bid was received from Calgon that was deemed responsive. The AWTP has five filters (filter 1 was taken out of service many years ago). The proposed service contract will include replacement of GAC media in filters 5 and 6, requiring 2,700 cubic feet of GAC each. The GAC material complies with all applicable provisions of American Water Works Association (AWWA) standards and is NSF61 approved. The agreement will provide all required labor, equipment, and materials for the removal of the spent GAC and installation of the virgin GAC. FINANCIAL IMPLICATIONS: Funding for the Granular Activated Carbon (GAC) Removal and Installation Services contract agreement is included in the 2021 Utilities Engineering budget. Source of Funds Line Item Description Line Item Amount YTD Line Item Expensed Purchase Amount 40 – Water Fund 1609 – Engineering 61251 – Buildings $3,000,000.00 $0.00 $398,932.00 G/L account number 40–1609–61251. CONNECTION TO STRATEGIC PLAN: Supports the City's Infrastructure goals. ALTERNATIVES: If the GAC Removal and Replacement project is not completed, the media in filters 5 and 6 will continue to degrade reducing the efficiency of these filters. This will cause shorter filter runs and more backwashing of filters 5 and 6. The other three filters will then be used more frequently. During the summer months, three filters are needed for the higher usage demand. Having five fully functional filters allows for redundancy and operational flexibility, which is critical to water quality. CONCLUSION: The GAC Removal and Replacement project is an important preventative maintenance effort to help improve the City of Englewood’s water quality for its customers. The project also supports the City’s infrastructure goals by investing in its maintenance to protect its infrastructure. This work is a necessary step required to improve Englewood’s drinking water quality. Page 294 of 361 ATTACHMENTS: Contract Approval Summary CFS 21-05 Contract with Calgon Carbon Corporation Bid Tabulation Sheet GAC Presentation Page 295 of 361 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: Brian Baladad Phone: 303.762.2650 Title: Water Treatment Plant Supervisor Email: bbaladad@englewoodco.gov Vendor Contact Information Vendor Name: Calgon Carbon Vendor Contact: Benjamin Goecke Vendor Address: 3000 GSK Drive Vendor Phone: 1-425–286–0754 City: Moon Township Vendor Email: Benjamin.Goecke@kuraray.com State: PA Zip Code: 15108 Contract Type Contract Type:Contractural 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: Feb. 2021 End Date: March 2021 Total Years of Term: Less than one year Total Amount of Contract for term (or estimated amount if based on item pricing): $ 398,932 If Amended: Original Amount $ 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 Remove spent GAC from Filters 5 and 6 and haul away material. Deliver virgin Filtrasorb 820 and install it into the Filters 5 and 6. Labor, materials, equipment, and supervision to be provided by Calgon Carbon Corporation. Page 296 of 361 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): A Request for Proposal (RFP) was developed and advertised on the Rocky Mountain E- Purchasing System (Bid Net) in October 2020. The bids were opened on October 19, 2020 and due to a change in funding amounts for the project, all bids were rejected. The project was re- advertised in December 2020 and bids were opened on December 4, 2020. One bid was received from Calgon that was deemed responsive. ☐ Qualification Based Selection / Best Value* (Continue on Next Page): Page 297 of 361 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 298 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org THIS CONTRACT made and entered into on , 20 by and between Calgon Carbon Corporatio_n 3000 GSK Drive Moo_n Township, PA 15108 hereinafter Name Address City St Zip called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: Turnkey exchange of spent Granular Activated Carbon (GAC) with new virgin GAC At the location of: the City_’s Allen Water Treatment P_lant (AWTP) (if applicable) for a total contract price of: Three hundred ninety-eight thous_and nine hundred thirty-two dollars_and zero cents. ($ 398,932.00 ) Dollars 2. The initial term of this contract is 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 Outline of Statement of Work attached hereto as Attachment B, but at no time shall the contract be longer than a one year period. In the event that one of the parties desires 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 work and to comply with the City's Purchasing Policies. 3. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The project or services being provided hereunder shall be supervised or inspected by the Project Manager for the City, or his or her authorized designee. 5. 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 the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon final completion of the project unless other payment terms are agreed to by the parties and set forth in the Outline of Statement of Work attached hereto as Attachment B. A 5% CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/21-05 GAC Replacement Project $398,932.00 (not to exceed) Page 299 of 361 Page 300 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org ATTACHMENT A – GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE. Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated. The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote. All contracts over $100,000 are subject to approval by City Council, and in compliance with the City's purchasing policy. This contract and any attachments are not valid until such approval has been obtained. 2. SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site. By submitting their quote, the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3. EQUIPMENT AND LABOR. The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein descr bed. The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4. SUBCONTRACTORS. Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be fully respons ble to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City. 5. DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days’ prior written notice descr bing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested. 6. CONTRACT CHANGES. No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7. WORKERS. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City. 8. SUBSTITUTIONS. No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9. CONTRACTOR SUPERVISION. Contractor shall provide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship. 10. CLEAN UP. Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11. ACCESS TO WORK. City representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access. 12. PROTECTION OF WORK AND PROPERTY. The Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workmen and the public, and shall post danger signs warning against hazards created by such features in the course of the construction. 13. OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shall such occupancy extend the date specified for substantial completion of the work. 14. ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this contract without the prior written consent of the City. 15. FORCE MAJEURE CLAUSE. The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by an act of God, fire, strike, loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products, plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing. 16. HOLD HARMLESS CONTRACT. The Contractor shall save, defend, hold harmless and indemnify the City from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work on property under the terms of this contract by any employee, agent, or representative of Contractor and/or its subcontractors only to the extent and for an amount represented by the degree or percentage of negligence or fault attr butable to the Contractor and/or its subcontractor, unless such loss was a result of the negligent acts or omissions of the City. 17. PAYMENT. Unless otherwise specified, the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30) days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence Page 301 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 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 requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Omissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud 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. supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 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. TERM AND TERMINATION. The initial term of this Contract shall be one year and will automatically terminate one year from the date first above written, unless renewed by the parties. The City may, with or without cause and without penalty, terminate this contract and the provision of services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, the City shall, upon receipt of an invoice from Contractor, pay Contractor for any work actually rendered prior to the effective date of such termination. Charges shall be based on time and materials expended for all incomplete tasks as set forth in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. 26. 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. 27. 27. NO ORAL MODIFICATION. Any waiver, amendment, 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 a2c8c.ident, 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 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. 28. 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. 29. 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 Page 302 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org inserted herein and this contract shall be read and enforced as though it were included therein. 30. 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. 31. 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 expenses incurred by the prevailing party in connection with such action or proceeding. 32. VERIFICATION OF COMPLIANCE WITH C.R.S. 8- 17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS 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. (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 proh bited 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. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Page 303 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org ATTACHMENT B OUTLINE OF STATEMENT OF WORK 1. GENERAL Turnkey exchange of spent Granular Activated Carbon (GAC) with new virgin GAC at the City’s Allen Water Treatment Plant (AWTP) as follows: a. Furnish all labor, materials, equipment, and supervision for the removal, transport, and disposal of spent GAC from two filters (#5, #6). To the following: Number of filters: 2 b. Bays per filter: 2 c. Inside dimensions of filter bay, feet d. Length: 30’-0” e. Width: 15’-0” f. Filter media g. Bottom Layer: Sand (not part of contract) h. Top Layer: GAC 3ft 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Ben Goecke e: Benjamin.Goecke@kuraray.com p: 425-286-0754/Sales Eric Forrester e: Frederic.Forrester@kuraray.com p: 412-721-4592/Account Manager 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Furnish all labor, materials, equipment, and supervision for the removal, transport, and disposal of spent GAC from two filters (#5, #6). b. Furnish all labor, materials, equipment and supervision for the supply, and installation of virgin GAC into two filters (#5, #6). 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) The city to provide water for removal and installation of GAC. Plant operators to complete the backwash and add water or remove as needed. 5. OTHER CONSULTANT RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES a. Furnish all labor, materials, equipment, and supervision for the removal, transport, and disposal of spent GAC from two filters (#5, #6). Page 304 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org b. Furnish all labor, materials, equipment and supervision for the supply, and installation of virgin GAC into two filters (#5, #6). Pre-shipment samples shall be submitted to an independent laboratory mutually agreed upon between the City and manufacture. One sample shall be submitted for each activated carbon type to be supplied. Samples shall be no less than 5 lbs. and shall be accompanied with a certificate of analysis and shall include the following parameters: □ Iodine number, mg/g (ASTM D4607) □ Moisture (as packed), wt% (ASTM D2867) □ Effective size, mm (ASTM D2862) □ Uniformity coefficient (ASTM D2862) □ Abrasion number (AWWA B604- latest edition) □ Trace capacity number (TCN), mg/cc □ Particle size distribution (US mesh size), wt% (ASTM D2862) □ Specific Gravity and Absorption (ASTM C127) □ Ball-Pan hardness of Activated Carbon (ASTM D3802) □ Surface area by Nitrogen Adsorption (ASTM D3037) □ Sieve Analysis of fine and Coarse Aggregate (ASTM C136) 7. SPECIAL TERMS, IF ANY ITEMS INCLUDED: • Product: Filtrasorb 820 • Quantity: 2,700 Cubic Feet (168,000 lbs) • Scope: Remove spent GAC from Filters 5 and 6, place into supersacks, haul away material. Deliver virgin Filtrasorb 820 and install it into the filters. Labor and equipment to be provided by Calgon Carbon Corporation, exceptions outlined below. ITEMS NOT INCLUDED IN THIS OFFER: • Owner to provide clean water source for movement of GAC to and from filter via eduction • Drain access for excess water from carbon transfer (water will be gray with carbon fines) • Disinfection (if necessary) not included • Any applicable taxes not included Delivery 3-4 weeks after signed agreement $ 398,932.00 8. MODE OF PAYMENT ACH/Check Page 305 of 361 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 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. Upon completion of exchange for filter #5 and #6 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 Calgon Carbon 2/1/2021 must be completed 3/1/21 City of Englewood 11. ACCEPTANCE AND TESTING PROCEDURES 5 LB Preship sample of the GAC lots for filter #5/6 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Allen Water Filtration Plant Layton CO 80110. City will provide the City office space and support as it agrees may be appropriate, at its facility. Page 306 of 361 Page 307 of 361 CALGON CARBON CORPORATION ACTIVATED CARBON SCOPE OF SUPPLY FOR CITY OF ENGLEWOOD, CO REQUEST FOR PROPOSAL – GRANULATED ACTIVATED CARBON REMOVAL AND INSTALLATION SERVICES RFP-20-050 Contact: Eva Boyd, Procurement Administrator Email: eboyd@englewoodco.gov Project: RFP – GAC Removal and Installation Services Date: Friday December 4, 2020 at 2:00PM Location: Purchasing Division, 1000 Englewood Parkway, Englewood, Colorado 80110-1407 Customer: City of Englewood, CO GAC Volume: 2,700 Cubic Feet (168,000 lbs) GAC Turnkey Exchange Pricing: $398,932 ITEMS INCLUDED: •Product: Filtrasorb 820 •Quantity: 2,700 Cubic Feet (168,000 lbs) •Scope: Remove spent GAC from Filters 5 and 6, place into supersacks, haul away material. Deliver virgin Filtrasorb 820 and install it into the filters. Labor and equipment to be provided by Calgon Carbon Corporation, exceptions outlined below. ITEMS NOT INCLUDED IN THIS OFFER: •Owner to provide clean water source for movement of GAC to and from filter via eduction •Drain access for excess water from carbon transfer (water will be gray with carbon fines) •Disinfection (if necessary) not included •Any applicable taxes not included SPECIFICATIONS: ATTACHMENT C WINNING BID PROPOSAL Page 308 of 361 SPECIAL TERMS AND CONDITIONS: 1.Unless otherwise noted, or until other Terms and Conditions are provided, this Offer is made only under Calgon Carbon Corporation’s General Terms and Conditions for Purchase. 2.Pricing provided is exclusive of any Sales Tax. 3.Scope of Supply/Pricing does not include any Payment or Performance Bonds. Costs for any such Bond (if necessary or requested by the Purchaser) will be added to the quoted pricing. 4.Upon acknowledgement of any Purchase Order, the Buyer will be requested to complete a Credit Application and provide Tax Exemption Documentation. 5.The quoted price is valid for 30 days from the date of this Scope of Supply document. Schedule: Schedule: 1.Delivery: 3-4 weeks after receipt of approved purchase order and after carbon acceptance testing has been completed 2.Completion: Changeout will take approximately 2-4 days on site For Information or to Place an Order, Contact: Benjamin Goecke Calgon Carbon Corporation Senior Technical Sales Representative Benjamin.Goecke@kuraray.com 425.286.0754 Page 309 of 361 PROPOSAL FOR: ENGLEWOOD, CO RFP-20-050 GRANULATED ACTIVATED CARBON REMOVAL AND INSTALLATION SERVICES Due: December 4, 2020 @ 2:00 P.M. Submittal Supporting Documentation Calgon Carbon Corporation 3000 GSK Drive Moon Township, PA 15108 412-787-6702 Prepared by: Benjamin Goecke, Senior Technical Sales Representative Kimberly Tyson, Project Manager Eli Townsend, Technical Development Engineer Jeremy Jones, Bid Coordinator Page 310 of 361 Submittal 1: Business History Submittal 2: Product Bulletin, Affidavit of Compliance and MSDS for Type Filtrasorb 820 Submittal 3: Manufacturing Location NSF Listing and ISO Certification Submittal 4: Reactivation Capabilities Submittal 5: Customer References for Virgin GAC and Custom Reactivation Submittal 6: Exchange Procedures for Potable Water Submittal 7: Technical Resume Submittal 8: Evidence of Insurance Table of Contents Page 311 of 361 Submittal No. 1 BUSINESS HISTORY Page 312 of 361 SearchInvestors|Corporate Governance |Products A-Z |Careers |Contact Calgon Carbon History When the United States entered World War II, coconut shells were the raw material used to produce granular activated carbon, the filtering agent in military gas masks. Faced with a shortage of this crucial war material, the government asked Pittsburgh Coke and Chemical to develop a substitute from a native material. In 1942, the Company produced an activated carbon product using bituminous coal, and that was the beginning of the firm now known as Calgon Carbon Corporation. Throughout history, Calgon Carbon has been a pioneer in creating new activated carbon products, systems and services from the infancy stages to the current global industry. The Company currently offers carbon technologies used in over 700 distinct market applications from purifying air and drinking water, to purifying foods and pharmaceuticals, to separating gas and removing mercury emissions from coal-powered electrical facilities. As a leader in the activated carbon industry and with ultraviolet light disinfection and oxidation expertise, Calgon Carbon Corporation has originated cutting-edge purification systems for drinking water, wastewater, odor control, pollution abatement, and a variety of industrial and commercial manufacturing processes. Innovations Over 20 years ago, Calgon Carbon introduced an advanced UV oxidation process to remediate contaminated groundwater. In 1998, we followed that up with the first radical breakthrough in the treatment of drinking water in Submit ABOUT APPLICATIONS PRODUCTS BETTER WORLD MEDIA CENTER PURE TRADITION Throughout history, Calgon Carbon has been a pioneer in creating new activated carbon products, systems and services. Page 1 of 5History and Timeline of Activated Carbon Giant 10/18/2017http://www.calgoncarbon.com/about/history/ Page 313 of 361 decades, when our scientists invented a process that could be used to inactivate Cryptosporidium and other similar pathogens in surface water, rendering them harmless to humans. This inventive process placed Calgon Carbon on the leading edge of UV disinfection technology. With the Sentinel line for drinking water, the C Series for wastewater, and the Rayox line for groundwater and process water, Calgon Carbon continues to lead the marketplace with innovative UV technologies. From the use of granular activated carbon (GAC) for taste and odor removal in the early 1960’s, to the development of ultraviolet light technology for pathogen control in the late 1990’s, to the application of ion exchange technology for removing perchlorates starting in 2000, Calgon Carbon continues to be a pioneer in making water safer and cleaner. A Tradition of Innovation ®3™ ® 1942 Pittsburgh Coke & Chemical Company, Inc. pioneers the development of coal-based granular activated carbon for use in military protection. 1955 The "Pittsburgh Pulse Bed" system is introduced – the first activated carbon system for sugar decolorization. 1960 The Activated Carbon Division of Pittsburgh Coke and Chemical pioneers the use of granular activated carbon in drinking water treatment. 1962 The Activated Carbon Division reaches a major milestone when 40,000 pounds of bituminous coal-based granular activated carbon is installed for the Virginia-American Water Co., a subsidiary of the American Water Works Service Company, setting a new benchmark for drinking water quality. 1965 Pittsburgh Activated Carbon Company (formerly Pittsburgh Coke & Chemical) is acquired by Calgon Corporation. 1967 Calgon Corporation is reorganized into six autonomous divisions, including the Pittsburgh Activated Carbon Company, responsible for its own marketing and manufacturing. Page 2 of 5History and Timeline of Activated Carbon Giant 10/18/2017http://www.calgoncarbon.com/about/history/ Page 314 of 361 1968 Calgon Corporation acquired by Merck and Co., Inc.  1970 Chemviron, S.A, headquartered in Brussels, is established to market water pollution control systems, products and engineering services in Europe. 1978 A joint venture is formed with Mitsui Chemicals, Inc. and Mitsui & Co., Ltd.  1985 Calgon Carbon, a wholly-owned subsidiary of Merck and Co., Inc., is acquired by its management through a leveraged buyout. 1987 Calgon Carbon completes initial public offering of common stock.  1991 Calgon Carbon is listed on the New York Stock Exchange (NYSE), trading under the symbol CCC. 1993 In the U.K., Thames Water Utilities, Ltd., grants Calgon Carbon exclusive rights to market its new Sandwich Filter technology for the removal of pesticides and other organic compounds from drinking water.  1996 Calgon Carbon acquires the perox-pure business operations of Vulcan Peroxidation Systems, Inc., (Tucson, Arizona), and Solarchem Enterprises, Inc., (Toronto, Ontario, Canada). Calgon Carbon also acquires Advanced Separation Technologies Incorporated™ (Lakeland, Florida) and Charcoal Cloth (International) Ltd., a British manufacturer of activated carbon in cloth form.1997 Singapore-based marketing subsidiary Calgon Carbon Asia is formed, serving customers in Page 3 of 5History and Timeline of Activated Carbon Giant 10/18/2017http://www.calgoncarbon.com/about/history/ Page 315 of 361 Korea, Taiwan, the People's Republic of China, Southeast Asia, Australia, New Zealand and India. 1998 Calgon Carbon launches two distinct products: Sentinel® ultraviolet (UV) disinfection system for the inactivation of Cryptosporidium and ISEP® continuous ion exchange system for perchlorate removal. 2002 Calgon Carbon Corporation expands in Asia, starting up a manufacturing plant in China and forming a joint venture with Mitsubishi Chemical Corporation of Tokyo, Japan to produce and sell activated carbon and related services throughout Japan.  2004 The company acquires Waterlink Specialty Products, known as Barnebey Sutcliffe in the United States, and Sutcliffe Speakman in Europe, to enhance capabilities in carbon reactivation, impregnation and on-site services. 2005 Calgon Carbon Corporation and C. Gigantic Carbon (Gigantic) form a joint-venture company to provide carbon reactivation services to the Thailand market. The new company, Calgon Carbon (Thailand) Ltd. begins operation.  2007 First contract for FLUEPAC powdered activated carbon for treatment of mercury in flue gas streams from coal-fired electric power plant is signed and secured. ® 2009 The company unveils a new corporate logo, re- positioning the former logo’s distinctive "ellipse" shape into a forward-moving direction to symbolize the company’s anticipated long-term growth.  2010 Calgon Carbon acquires two companies: the firm Zwicky Denmark and Sweden, service providers and long-term distributors of Chemivron Carbon’s activated carbon products; and purchases the outstanding stock of Hyde Marine Inc., a manufacturer of systems that utilize filters and UV technology to treat marine ballast water. Calgon Carbon’s Blue Lake, California plant is the first in the U.S. to receive certification from NSF International under NSF/ANSI Standard 61: Drinking Water System Components – 2011 The acquisition of Calgon Carbon Japan KK (CCJ), the former joint venture between Calgon Carbon Corporation and Mitsubishi Chemical Corporation is completed. Page 4 of 5History and Timeline of Activated Carbon Giant 10/18/2017http://www.calgoncarbon.com/about/history/ Page 316 of 361 © 2017 Calgon Carbon Corporation ZORFLEX HYDE MARINE CALGON CARBON JAPAN CHEMVIRON CARBON 卡尔冈炭素中国公司 CALGON CARBON BRAZIL  ® Health Effects for custom reactivated carbon for potable water applications. Additionally, the company announces that the City Council of Phoenix, Arizona has selected Calgon Carbon to negotiate a contract to provide reactivation services for a ten-year period, and also includes the construction of a reactivation facility in Maricopa County, Arizona. 2012 Calgon Carbon’s chairman, president and chief executive officer, John S. Stanik, retires. Randy Dearth is appointed president and chief executive officer. 2014 Randy Dearth assumes the position of Chairman of the Board.  Page 5 of 5History and Timeline of Activated Carbon Giant 10/18/2017http://www.calgoncarbon.com/about/history/ Page 317 of 361 PRODUCT BULLETIN, AFFIDAVIT OF COMPLIANCE AND SDS FOR TYPE FILTRASORB 820 Submittal No. 2 Page 318 of 361 Page 319 of 361 FILTRASORB 820 Granular Activated Carbon Specification Test Min Max Calgon Carbon Test Method IODINE NUMBER, mg/g MOISTURE (AS PACKAGED), wt% ABRASION NUMBER DENSITY (APPARENT), g/cc EFFECTIVE SIZE, mm UNIFORMITY COEFFICIENT TRACE CAPACITY NUMBER (TCN), mg/cc 900 - 75 0.50 1.0 - 9 - 2.0 - - 1.2 1.5 - TM-4,ASTM D4607 TM-1,ASTM D2867 TM-9,AWWA B604 TM-7,ASTM D2854 TM-47,ASTM D2862 TM-47,ASTM D2862 TM-79,TM-85 (converted to TCN) 8 US MESH [2.36 mm], wt% < 20 US MESH [0.850 mm] (PAN), wt% - - 5.0 4.0 TM-8,ASTM D2862 TM-8,ASTM D2862 Typical Properties: This product complies with ANSI/AWWA B604 (2005) – Granular Activated Carbon. This product complies with the requirements for activated carbon as defined by the Food Chemicals Codex (FCC) (8th Edition) published by the U.S. Pharmacopeia. This product is produced under supervision of the Islamic Food and Nutrition Council of America (IFANCA). This product is prepared under the supervision of the Kashruth Division of the Orthodox Union and is Kosher. Only products bearing the NSF Mark are Certified to NSF/ANSI 61 - Drinking Water System Components - Health Effects standard. Certified Products will bear the NSF Mark on packing or documentation shipped with the product. Calgon Carbon Corporation's activated carbon products are continuously being improved and changes may have taken place since this publication went to press. 2135-08/13/2013 Page 320 of 361 Page 321 of 361 Safety Message Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed space is required, procedures for work in an oxygen deficient environment should be followed. 1.800.4CARBON calgoncarbon.com © Copyright 2015 Calgon Carbon Corporation, All Rights Reserved DS-FILTRA82016-EIN-E1 Design Considerations As a replacement for existing filter media, the conversion to FILTRASORB 820 activated carbon imposes no major changes to a plant’s normal filtration operations. If more contact time is required, the height of the backwash troughs can be increased. Calgon Carbon Corporation can also provide complete modular adsorption systems as an add-on treatment stage if required. Typical Pressure Drop Down Flow Pressure Drop at 13C/55°F Based on a backwashed and segregated bed Typical Bed Expansion During Backwash Bed Expansion During Backwash at 13C/55°F Based on a backwashed and segregated bed Page 322 of 361 FILTRASORB 820 Safety Data Sheet Issued: 04/20/2015 Supersedes: 12/30/2011 Version: 1.0 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 Page 1 of 7 SECTION 1: Identification of the Substance/Mixture and of the Company/Undertaking 1.1. Product identifier Product name : FILTRASORB 820 Product form : Substance CAS No : 7440-44-0 Product code : 12135 Synonyms : Activated Carbon 1.2. Relevant identified uses of the substance or mixture and uses advised against Use of the substance/mixture : Adsorbent 1.3. Details of the supplier of the safety data sheet Calgon Carbon Corporation P.O. Box 717 Pittsburgh, PA 15230 412-787-6700 1.4. Emergency telephone number Emergency number : CHEMTREC (24 HRS): 1-800-424-9300 SECTION 2: Hazards Identification 2.1. Classification of the substance or mixture GHS-US classification Combustible Dust Not classified as a simple asphyxiant. Product does not displace oxygen in the ambient atmosphere, but slowly adsorbs oxygen from a confined space when wet. Under conditions of anticipated and recommended use, product does not pose an asphyxiation hazard. 2.2. Label elements GHS-US labeling Signal word (GHS-US) : Warning Hazard statements (GHS-US) : May form combustible dust concentrations in air 2.3. Other hazards Other hazards not contributing to the classification : Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed space is required, procedures for work in an oxygen deficient environment should be followed. 2.4. Unknown acute toxicity (GHS-US) No data available SECTION 3: Composition/Information on Ingredients 3.1. Substance Name Product identifier % Ac ivated Carbon (CAS No) 7440-44-0 < 100 3.2. Mixture Not applicable SECTION 4: First Aid Measures 4.1. Description of first aid measures First-aid measures general : If exposed or concerned, get medical attention/advice. Show this safety data sheet to the doctor in attendance. Wash contaminated clothing before re-use. Never give anything to an unconscious person. First-aid measures after inhalation : IF INHALED: Remove to fresh air and keep at rest in a comfortable position for breathing. First-aid measures after skin contact : IF ON SKIN (or clothing): Remove affected clothing and wash all exposed skin with water for at least 15 minutes. First-aid measures after eye contact : IF IN EYES: Immediately flush with plenty of water for at least 15 minutes. Remove contact lenses if present and easy to do so. Continue rinsing. Page 323 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 2/7 First-aid measures after ingestion : IF SWALLOWED: Rinse mouth thoroughly. Do not induce vomiting without advice from poison control center or medical professional. Get medical attention if you feel unwell. 4.2. Most important symptoms and effects, both acute and delayed Symptoms/injuries : Not expected to present a significant hazard under anticipated conditions of normal use. However, dust may cause irritation and redness of the eyes, irritation of the skin and respiratory system. The effects of long-term, low-level exposures to this product have not been determined. 4.3. Indication of any immediate medical attention and special treatment needed No additional information available SECTION 5: Firefighting Measures 5.1. Extinguishing media Suitable extinguishing media : Water spray. Carbon dioxide. Dry chemical. Foam. Sand. Unsuitable extinguishing media : None known. 5.2. Special hazards arising from the substance or mixture Fire hazard : Dust may be combust ble under specific conditions. May be ignited by heat, sparks or flames. Explosion hazard : Dust may form explosive mixture in air. Reactivity : No dangerous reactions known under normal conditions of use. Carbon oxides may be emitted upon combustion of material. 5.3. Advice for firefighters Firefighting instructions : Wear NIOSH-approved self-contained breathing apparatus suitable for the surrounding fire. Use water spray or fog for cooling exposed containers. Evacuate area. SECTION 6: Accidental Release Measures 6.1. Personal precautions, protective equipment and emergency procedures General measures : Evacuate area. Keep upwind. Ventilate area. Spill should be handled by trained clean-up crews properly equipped with respiratory equipment and full chemical protective gear (see Section 8). 6.1.1. For non-emergency personnel No additional information available 6.1.2. For emergency responders No additional information available 6.2. Environmental precautions Prevent entry to sewers and public waters. Avoid release to the environment. Product is not soluble, but can cause particulate emission of discharged into waterways. Dike all entrances to sewers and drains to avoid introducing material to waterways. Notify authorities if product enters sewers or public waters. 6.3. Methods and material for containment and cleaning up For containment : Sweep or shovel spills into appropriate container for disposal. Minimize generation of dust. Methods for cleaning up : Sweep or shovel spills into appropriate container for disposal. Minimize generation of dust. Dispose of material in compliance with local, state, and federal regulations. 6.4. Reference to other sections No additional information available SECTION 7: Handling and Storage 7.1. Precautions for safe handling Precautions for safe handling : Avoid dust formation. Avoid contact with skin, eyes and clothing. Do not handle until all safety precautions have been read and understood. Wash hands and other exposed areas with mild soap and water before eating, drinking or smoking and when leaving work. Keep away from sources of ignition - No smoking. 7.2. Conditions for safe storage, including any incompatibilities Storage conditions : Keep container tightly closed in a cool, dry, and well-ventilated place. Keep away from ignition sources. SECTION 8: Exposure Controls/Personal Protection 8.1. Control parameters Activated Carbon (7440-44-0)* OSHA PEL (TWA) (mg/m³) ≤ 5 (Respirable Fraction) ≤ 15 (Total Dust) Page 324 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 3/7 *Exposure limits are for inert or nuissance dust. No specific exposure limits have been established for this activated carbon product by OSHA or ACGIH. 8.2. Exposure controls Appropriate engineering controls : Provide adequate general and local exhaust ventilation. Use process enclosures, local exhaust ventilation, or other engineering controls to control airborne levels below recommended exposure limits. Use explosion-proof equipment with flammable materials. Ensure adequate ventilation, especially in confined areas. Wet activated carbon can deplete oxygen from air in enclosed spaces. If use in an enclosed space is required, procedures for work in an oxygen deficient environment should be followed. Personal protective equipment : Gloves. Safety glasses. Insufficient ventilation: wear respiratory protection. Hand protection : Gloves should be classified under Standard EN 374 or ASTM F1296. Suggested glove materials are: Neoprene, Nitrile/butadiene rubber, Polyethylene, Ethyl vinyl alcohol laminate, PVC or vinyl. Suitable gloves for this specific application can be recommended by the glove supplier. Eye protection : Use eye protection suitable to the environment. Avoid direct contact with eyes. Skin and body protection : Wear long sleeves, and chemically impervious PPE/coveralls to minimize bodily exposure. Respiratory protection : Use NIOSH-approved dust/particulate respirator. Where vapor, mist, or dust exceed PELs or other applicable OELs, use NIOSH-approved respiratory protective equipment. SECTION 9: Physical and Chemical Properties 9.1. Information on basic physical and chemical properties Physical state : Solid Appearance : Granular, powder, or pelletized substance Color : Black Odor : Odorless Odor threshold : No data available pH : No data available Relative evaporation rate (butylacetate=1) : Not applicable Melting point : Not applicable Freezing point : Not applicable Boiling point : Not applicable Flash point : No data available Auto-ignition temperature : > 220 °C Decomposition temperature : No data available Flammability (solid, gas) : > 220 °C Vapor pressure : Not applicable Relative vapor density at 20 °C : Not applicable Apparent density : 0.4 - 0.7 g/cc Solubility : Insoluble. Log Pow : Not applicable Log Kow : Not applicable Viscosity, kinematic : Not applicable Viscosity, dynamic : Not applicable Explosive properties : No data available Oxidising properties : No data available Explosive limits : No data available 9.2. Other information No additional information available SECTION 10: Stability and Reactivity 10.1. Reactivity No dangerous reactions known under normal conditions of use. 10.2. Chemical stability Stable under use and storage conditions as recommended in section 7. Page 325 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 4/7 10.3. Possibility of hazardous reactions None known. 10.4. Conditions to avoid Avoid dust formation. Heat. Ignition sources. Exposure to high concentrations of organic compounds may cause bed temperature to rise. 10.5. Incompatible materials Alkali metals. Strong oxidizing agents. 10.6. Hazardous decomposition products Carbon monoxide (CO), carbon dioxide (CO2). SECTION 11: Toxicological Information 11.1. Information on toxicological effects Acute toxicity : Not classified Activated Carbon (7440-44-0) LD50 oral rat > 2000 mg/kg Skin corrosion/irritation : Not classified Serious eye damage/irritation : Not classified Respiratory or skin sensitisation : Not classified Germ cell mutagenicity : Not classified Carcinogenicity : Not classified Silica: Crystalline, quartz (14808-60-7) IARC group 1 - Carcinogenic to humans The International Agency for Research on Cancer (IARC) has classified “silica dust, crystalline, in the form of quartz or cristobalite” as carcinogenic to humans (group 1). However these warnings refer to crystalline silica dusts and do not apply to solid activated carbon containing crystalline silica as a naturally occuring, bound impurity. As such, we have not classified this product as a carcinogen in a ccordance with the US OSHA Hazard Communication Standard (29 CFR §1910.1200) but recommmend that users avoid inhalation of product in a dust form. Reproductive toxicity : Not classified Specific target organ toxicity (single exposure) : Not classified Specific target organ toxicity (repeated exposure) : Not classified Aspiration hazard : Not classified Symptoms/injuries : Not expected to present a significant hazard under anticipated conditions of normal use. However, dust may cause irritation and redness of the eyes, irritation of the skin and respiratory system. The effects of long-term, low-level exposures to this product have not been determined. SECTION 12: Ecological Information 12.1. Toxicity No additional information available 12.2. Persistence and degradability No additional information available 12.3. Bioaccumulative potential No additional information available 12.4. Mobility in soil No additional information available 12.5. Other adverse effects No additional information available Page 326 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 5/7 SECTION 13: Disposal Considerations 13.1. Waste treatment methods Waste treatment and disposal methods : Vacuum or shovel material into a closed container. Dispose in a safe manner in accordance with local/national regulations. Do not allow the product to be released into the environment. Subject to Calgon Carbon technical approval, non-powdered activated carbons may be reactivated to allow recycle and reuse. Additional information : Activated carbon is an adsorbent media; hazard classification is generally determined by the adsorbate. Consult U.S. EPA guidelines listed in 40 CFR 261.3 for more information on hazardous waste disposal. SECTION 14: Transport Information 14.1. In accordance with DOT Not classified as hazardous for domestic land transport UN-No.(DOT) : None on finished product DOT NA no. : None on finished product Proper Shipping Name (DOT) : Not regulated Department of Transportation (DOT) Hazard Classes : None on finished product Hazard labels (DOT) : None on finished product Packing group (DOT) : None on finished product DOT Quantity Limitations Passenger aircraft/rail (49 CFR 173.27) : None on finished product 14.2. Transport by sea Not classified as hazardous for water transport IMO / IMDG UN/NA Identification Number : None on finished product UN- Proper Shipping Name : Not regulated Transport Hazard Class : None on finished product 14.3. Air transport Not classified as hazardous for air transport ICAO / IATA UN/NA No : None on finished product UN- Proper Shipping Name : Not regulated Transport Hazard Class : None on finished product Packing Group : None on finished product Marine Pollutant : None on finished product 14.4. Additional information Other information : Under the UN classification for activated carbon, all activated carbons have been identified as a class 4.2 product. However, this product type or an equivalent has been tested according to the United Nations Transport of Dangerous Goods test protocol for a “self-heating substance” (United Nations Transportation of Dangerous Goods, Manual of Tests and Criteria, Part III, Section 33.3.1.6 - Test N.4 - Test Method for Self Heating Substances) and it has been specifically determined that this product type or an equivalent does not meet the definition of a self-heating substance (class 4.2) or any other hazard class, and therefore should not be listed as a DOT hazardous material. SECTION 15: Regulatory Information 15.1. US Federal regulations FILTRASORB 820 All chemical substances in this product are listed in the EPA (Environment Protection Agency) TSCA (Toxic Substances Control Act) Inventory or are exempt Cobalt (7440-48-4) Listed on the United States TSCA (Toxic Substances Control Act) inventory Listed on United States SARA Section 313 SARA Section 313 - Emission Reporting 0.1 % Page 327 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 6/7 15.2. International regulations No additional information available 15.3. US State regulations California Proposition 65 WARNING: This product contains, or may contain, trace quantities of a substance(s) known to the state of California to cause cancer, birth defects, or other reproductive harm. Silica: Crystalline, quartz (14808-60-7) U.S. - California - Proposition 65 - Carcinogens List U.S. - California - Proposition 65 - Developmental Toxicity U.S. - California - Proposition 65 - Reproductive Toxicity - Female U.S. - California - Proposition 65 - Reproductive Toxicity - Male No significance risk level (NSRL) Yes No No No NA Cobalt (7440-48-4) U.S. - California - Proposition 65 - Carcinogens List U.S. - California - Proposition 65 - Developmental Toxicity U.S. - California - Proposition 65 - Reproductive Toxicity - Female U.S. - California - Proposition 65 - Reproductive Toxicity - Male No significance risk level (NSRL) Yes No No No NA Titanium dioxide (13463-67-7) U.S. - California - Proposition 65 - Carcinogens List U.S. - California - Proposition 65 - Developmental Toxicity U.S. - California - Proposition 65 - Reproductive Toxicity - Female U.S. - California - Proposition 65 - Reproductive Toxicity - Male No significance risk level (NSRL) Yes No No No NA Aluminum oxide (1344-28-1) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Massachusetts - Right to Know List U.S. - Pennsylvania - RTK (Right to Know) - Environmental Hazard List Calcium sulfate (7778-18-9) U.S. - Massachusetts - Right to Know List U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List Silica: Crystalline, quartz (14808-60-7) U.S. - New Jersey - Right to Know Hazardous Substance List U.S. - Pennsylvania - RTK (Right to Know) List U.S. - Massachusetts - Right to Know List SECTION 16: Other Information Indication of changes : Revision 1.0: New SDS Created. Revision Date : 04/20/2015 Other information For internal use only : : Author: CJS. PR #1 Prepared according to Federal Register / Vol. 77, No. 58 / Monday, March 26, 2012 / Rules and Regulations NFPA health hazard : 0 - Exposure under fire conditions would offer no hazard beyond that of ordinary combustible materials. NFPA fire hazard : 1 - Must be preheated before ignition can occur. NFPA reactivity : 0 - Normally stable, even under fire exposure conditions, and are not reactive with water. Page 328 of 361 FILTRASORB 820 Product Code: 12135 Safety Data Sheet 04/20/2015 FILTRASORB 820 Product Code: 12135 For Internal Use Only: PR #1 7/7 HMIS III Rating Health : 0 Flammability : 1 Physical : 0 Personal Protection : This information is based on our current knowledge and is intended to descr be the product for the purposes of health, safety and environmental requirements only. It should not therefore be construed as guaranteeing any specific property of the product. The information is this document applies to this specific material as supplied. It may not be valid if product is used in combination with other m aterials. It is the user’s responsibility to determine the suitability and completeness of this information for their particular use. While the information and recommendations set forth herein are believed to be accurate as of the date hereof, Calgon Carbon Corporation makes no warranty with respect to the same, and disclaims all liability for reliance thereon. Page 329 of 361 Submittal No. 3 MANUFACTURING LOCATION NSF LISTING AND ISO CERTIFICATION Page 330 of 361 NSF The NSF (formerly the National Sanitation Foundation) is an international, non-profit organization that is dedicated to public health safety and the protection of the environment by developing performance standards for a broad range of products, especially for drinking water applications. NSF maintains a toxic leachate certification process for materials which come into contact with drinking water. Certain CCC products are certified to meet the NSF 42 and 61 standards. Go to NSF.org for a complete product listing for Calgon Carbon Corporation. Page 331 of 361 Page 332 of 361 Page 333 of 361 Page 334 of 361 Submittal No. 4 REACTIVATION CAPABILITIES Page 335 of 361 CUSTOM REACTIVATION CAPABILITIES Calgon Carbon is the owner and operator of two virgin granular activated carbon manufacturing facilities in the U.S. with capacity > 100M lbs. Our high temperature, thermal activation process utilizes steam and reagglomeration to create a vast internal pore structure within the carbon granules, allowing for the removal of a wide range of organic compounds from liquids and vapors. Calgon Carbon is the owner and operator of three NSF 61/ potable water reactivation facilities with capacity > 30M lbs. Page 336 of 361 Submittal No. 5 CALGON CARBON’S CUSTOMER REFERENCES FOR VIRGIN GAC AND CUSTOM REACTIVATION Page 337 of 361 P.O. Box 717 Pittsburgh, PA 15230-0717 412.787.6700 Filtrasorb 820 References Customer Location Contact Name Phone Quantity/Type San Jacinto River Authority Conroe, TX Ron McCullough 936-828-3856 56,400 ft3 Exchange with Field Service Svc ongoing City of Arvada Arvada, CO Larry Hack 720-898-7822 120,000 lbs Exchange with Field Service Connecticut Water Rockville, CT Ryan Flemming 856-727-6204 9,360 ft3 Exchange with Field Service Svc ongoing City of Neuse LaGrange, NC Charlie Colie 252-522-2567 4,160 ft3 Exchange with Field Service Svc ongoing City of Glendale Cholla and Oasis WTP Glendale, AZ Mark Hogan Anita Lutringer 623-930-4129480-620-3623 120,000 lbs 80,000 lbs Exchange with Field Service Svc ongoing Page 338 of 361 Submittal No. 6 EXCHANGE PROCEDURES FOR POTABLE WATER Page 339 of 361 3000 GSK Drive Moon Township, PA 15108 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS A carbon exchange consists of the removal of spent carbon from a filter and the installation of fresh carbon into the filter. The following procedures can also be used for initial carbon fills. All spent carbon removals are completed hydraulically using the eduction method from the filter into an open dump truck or super sack. The carbon installation via eduction method can be completed from bulk truck or from super sacks. A crane can also be used to move the carbon from the super sacks directly into the filter, allowing the filter to be filled when high-pressure water is not available. The following section lists requirements for accomplishing a carbon exchange. The responsible party is noted after each item. The designation of responsibility is for a typical project, but can vary based on the specifications of the project. 1.PROJECT REQUIREMENTS For removal of spent carbon or installation of fresh carbon using the eduction method the following is required: 1.Utilities A potable water source of at least 90 to 100 psi at 200 gpm. The supplied water source comes from the closest fire hydrant or a line, which is near a pump (i.e., a surface sweep pump). (Customer) A 2-1/2" fire hose reduced to 2" FNPT to connect to the eductor supplied by Calgon Carbon. The connection at the eductor is carbon removal and at the trailer for carbon installation. (Customer) A 3/4" garden hose at the filter for rinsing off the waders used by the labor force for carbon removal and at the trailer to insert in the hopper during carbon installation. (Customer) A drain to handle the disposal of water used in removing the spent carbon. The drain capacity should be equal to or greater than the water supplied for the carbon removal. The filter should have a means to drain excess water to waste or the excess water must be pumped from the filter. (Customer) Page 340 of 361 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS PAGE: 2 2.Manpower A plant operator to open or close plant water valves. (Customer) Two (2) or three (3) laborers depending on the extent of work required. (Customer or CCC) Supervision of installation. (CCC) 3.Miscellaneous For installation or removal using a bulk trailer, a level, dry, hard surfaced (paved) area large enough to stage one (1) or two (2) trailers is required. The approximate dimensions of a trailer are 51' long x 8'5" wide x 11'6" high. (Customer) Sufficient storage for the super sacks upon arrival. The recommended storage area is an enclosed building. If this is not available and the carbon is stored outside for an extended period of time, the super sacks should be covered with tarpaulins or plastic and kept away from areas which have inadequate drainage to prevent submersion of any carbon in free-standing water. (Customer) The necessary equipment (crane and/or forklift) and manpower to receive and stage the carbon in super sacks prior to loading the filters. The carbon can be hydraulically or dry installed. The super sacks are lifted via four straps on the top of each sack. The super sacks weigh 1,000 or 2,000 pounds each, have an 18" discharge chute, and are stacked one or two (2) high with a pallet under the bottom super sack. (Customer) The disposal of all super sacks and pallets. (Customer) All transfer equipment, which includes a hopper, an eductor, a suction hose with wand, a F/F coupler, carbon slurry hoses, and a trough. (CCC) Transportation for spent carbon return and virgin carbon delivery. (CCC) Removal/installation sign-off certificates, which require a signature from the site contact and the Calgon Carbon Supervisor. (CCC) Backwash rate curves to correspond with the product. (CCC) Page 341 of 361 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS PAGE: 3 2.PRELIMINARY REQUIREMENTS Customer should contact their Calgon Carbon Technical Sales Representative ten (10) working days prior to the tentative date they desire to begin the exchange or installation. After this notification, Calgon Carbon operations supervisor will contact the customer to establish the start date and determine the equipment required to do the exchange. 3.SPENT REMOVAL - EDUCTION TO BULK TRAILER 1.Prior to spent carbon removal from the filter, the customer must isolate the filter from the treatment mode, complete a backwash, and lower the water level just below the top of the carbon bed so freeboard measurements can be taken. 2.While the filter is being backwashed, Calgon Carbon’s supervisor will direct the connection of hoses, eductor, and water supply. 3.Take free board measurements and then add water to the filter to a level of 12" to 24" of water above the carbon. 4.The driver prepares his truck to receive the spent carbon by installing a transfer hose to the front of the dump bed and a carbon retention screen on the chute and hooking up a drainage trough to the tailgate (if required) to catch all the water and direct it to a designated drain. 5.The suction hose with a wand is used for removing spent carbon. During carbon removal the operator will be required to add water into the filter to maintain a water level. 6.When it is determined that all the spent carbon has been removed from the filter bed, backwash the filter for a short amount of time to level the bed, then take measurements of the available freeboard to determine if additional material should be removed. 7.When the removal is complete, free board measurements are again taken and recorded. Four measurements are recommended. Water is added to the filter to a level of 12" to 24" above the sand. Page 342 of 361 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS PAGE: 4 4.CARBON FILL - EDUCTION FROM A BULK TRAILER 1.The virgin carbon trailer is positioned and set up with Calgon Carbon supplied equipment as required to educt the carbon from the trailer into the empty filter. 2.Prior to installing granular activated carbon into the filter bed, measure the freeboard from a reference point (usually top of backwash trough) to the top of support system (sand, coal, underdrain of granular activated carbon only). Obtain a minimum of four reference measurements. 3.Add 12” to 24” of water to top of existing filter media. 4.As carbon is being installed into the filter, the excess motive water must be drained from the filter drain to waste valve or a pump is required. 5.After the proper carbon level has been installed, the filter should sit overnight in a flooded state and then be backwashed. If the filter must go into service immediately, a backwash must be completed. The backwash should begin at a low flow rate and be increased gradually to complete the backwash. A backwash removes any entrapped air or carbon fines, and segregates the carbon bed. The rates are determined by water temperature and are found on product bulletins supplied by Calgon Carbon Corporation. 6.Prior to returning the filter bed to service, final freeboard measurements must be taken after the backwash has been completed to verify that the proper amount of carbon has been installed. 7.All measurements must be recorded on Calgon Carbon’s removal/installation certificates and are to be signed by the customer as well as the Calgon Carbon Supervisor upon completion of each filter. 8.The procedure is repeated for each filter to be exchanged. 9.After the total job is complete, all equipment must be returned to Calgon Carbon Corporation, and the work area cleaned up before leaving the site. Page 343 of 361 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS PAGE: 5 5.SPENT REMOVAL – EDUCTION TO SUPERSACKS The spent is removed with the use of water and eduction and conveyed into a mobile dewatering unit equipped with a system to hang an empty super sack. The water is removed and the spent is placed into super sacks. 6.CARBON FILL - EDUCTION FROM SUPERSACKS The bulk truck is replaced with a free standing eduction/hopper system. The sacks are loaded into the hopper with the use of a forklift or crane. Hoses and water are used to move the carbon from the hopper into the filter. 7.CARBON FILL - CRANE AND SUPERSACKS o The carbon will be furnished in 1,000 or 2,000 pound super sacks. The super sacks have an 18" discharge chute and are delivered stacked one or two high with a pallet under the bottom super sack. o Sufficient storage for the super sacks shall be provided. The recommended storage area is an enclosed building. If this is not available and the carbon is stored outside for an extended period of time, the super sacks should be covered with tarpaulins or plastic and kept way from the areas which have inadequate drainage to prevent submersion of any carbon in free-standing water. o Add 12" to 24" of water to the filter to cover existing support media. o A crane can be used to dump the carbon from the super sacks directly into the filter. Continue to add water to keep the carbon submerged. o After the proper carbon level has been installed, the filter should sit overnight in a flooded state and then be backwashed prior to going on line. If the filter must go into service immediately, a backwash must be completed. The backwash should begin at a low flow rate and be increased gradually to complete the backwash. A backwash removes any entrapped air or carbon fines and segregates the carbon bed. The rates are determined by water temperature and are found on product bulletins supplied by Calgon Carbon Corporation. o Final freeboard measurements must be taken after the backwash has been completed to verify that the proper amount of carbon has been installed. Page 344 of 361 CARBON EXCHANGE PROCEDURES FOR POTABLE WATER GRAVITY FILTERS PAGE: 6 o All measurements must be recorded on Calgon Carbon’s removal/installation certificates and are to be signed by the customer as well as the Calgon Carbon Supervisor upon completion of each filter. o This procedure is repeated for each filter to be exchanged. o After the total job is complete, all equipment must be returned to Calgon Carbon Corporation, and the work area cleaned up before leaving the site. Page 345 of 361 TECHNICAL RESUME Submittal No. 7 Page 346 of 361 Page 347 of 361 II. TECHNICAL AND PROCESS SUPPORT PERSONNEL Calgon Carbon Corporation maintains an Applications Engineering Department that can be utilized to consult with municipal drinking and waste water customers regarding process or operational concerns on an on-going basis. They have extensive experience with recommending carbon, equipment, and other media used in ground and surface water purification and in vapor phase odor control systems. Application Engineers have primary responsibility for consulting with customers participating in Calgon Carbon’s service oriented business element and for assistance to our Sales Department in new and existing applications of carbon technology. This consulting work may or may not be on a per diem or project basis, but is available to all customers of Calgon Carbon Corporation. Calgon Carbon Corporation has a variety of well-trained, specialized individuals suited to assist customers with a multitude of water treatment requirements including process related performance testing or troubleshooting. A brief synopsis of the technical expertise of several key individuals available to meet customer needs relevant to the proposed liquid phase project is as follows: III. SALES AND ACCOUNT MANAGEMENT PERSONNEL Leo P. Zappa – Executive Director, Drinking Water Solutions Leo Zappa is the head of Calgon Carbon’s Drinking Water Solutions Business Line, which is responsible for sales of activated carbon, ion exchange resin, and associated equipment and services for the treatment of water in the municipal and point of entry markets in the Americas. Leo has worked for Calgon Carbon Corporation for 29 years, holding positions in sales management, product management, marketing, and project management. He earned an M.B.A. from Robert Morris University, a B.S. in building construction technology from the Pennsylvania State University, and an Associate’s degree in architectural engineering from the Pennsylvania State University. Mr. Zappa is also a graduate of the United States Army combat engineer school (Ft. Belvoir, VA) Dr. Adam Redding, PhD – Technical Director, Drinking Water Solutions Adam Redding completed his Ph.D. in environmental engineering at Penn State University in 2008. Adam also completed both his M.S. and B.S. degrees at Penn State in environmental and civil engineering, respectively. Both his M.S. and Ph.D. degrees focus on predicting the performance of activated carbons for drinking water treatment, in particular the removal of endocrine-disrupting and pharmaceutical compounds. Adam has worked in the activated carbon industry since 2008 in applications involving municipal, industrial, and food & beverage water treatment. Michael Donaway – Account Manager Michael Donaway is a National Accounts Manager for the Northeastern region of the United States for the Drinking Water Solutions Business Line. He has been with Calgon Carbon Corporation since 1989. Mark Peet – Account Manager Mark has 24 years in the activated carbon industry with past experience as Regional Sales Manager and Equipment Product Manager for a filtration services group servicing petrochemical, refining, industrial, &amp; remediation markets. He came to Calgon Carbon Corporation in February 2004 through an acquisition and is the Senior Technical Sales Representative responsible for municipal activated carbon and equipment sales in the Central/Southwestern US including accounts in Arizona, Arkansas, Kansas, Louisiana, Mississippi, Missouri, New Mexico, Oklahoma, and Texas. Page 348 of 361 Page 349 of 361 Eli Townsend - Applications EngineerEli Townsend received his Master of Science in Civil Engineering from University of Colorado at Boulder in 2014 where he studied with Prof. R. Scott Summers. There, he focused on DBP reduction strategies, process efficiency, taste & odor removal, and environmental study design. He then worked as a consultant for the better part of four years where he was able to hone his process, testing, and water quality skills. Since joining Calgon in March of 2019, Eli is currently working on several DBP, PFAS, taste and odor, and process evaluation projects. He is responsible for product selection, treatment system design, and test development among other things. Casey Theys – Applications Engineer Casey Theys is a Technical Development Engineer for the Drinking Water Solutions group at Calgon Carbon Corporation where he is responsible for product selection, treatment system design and application trouble shooting for municipalities in the Eastern United States. He has been with Calgon Carbon since June 2013 with experience in Activated Carbon as well as Ultraviolet Light Disinfection and Advanced Oxidation processes. He graduated from the Pennsylvania State University in 2011 with a B.S in Chemical Engineering. Kimberly Cain – Sales Account Manager Kimberly Cain has been with Calgon Carbon Corporation for fifteen (15) years working in various departments such as Customer Service and Logistics. Kim is currently the Bid Coordinator and Municipal Accounts Manager for the Drinking Water Solutions Business Line. Robyn Galiardi – Sales Account Manager Robyn Galiardi has been with Calgon Carbon Corporation since 2015. Robyn started as a Customer Service Expert and joined the team in February 2018. She is currently the Bid Coordinator and a Sales Account Manager for the Drinking Water Solutions Business Line. She graduated from Pennsylvania State University with a B.S. in Business Logistics. Eric Forrester – Sales Account ManagerEric Forrester is an Account Manager for the Drinking Water Solutions Business Line at Calgon Carbon Corporation, where he is responsible for cost estimation, coordination, and project management for drinking water clients across the United States. He has been at Calgon since 2015 and has previously been an Applications Engineer and Business Development Manager for drinking water applications. He graduated summa cum laude from University at Buffalo, earning a B.S. in Chemical Engineering and a B.A. in Mathematics. Jeremy Jones - Sales Account ManagerJeremy Jones joined Calgon Carbon Corporation in 2020 as Bid Coordinator and Sales Account Manager for the Drinking Water Solutions Business Line. Jeremy is a graduate of California University of Pennsylvania and Cornell University. Page 350 of 361 City of Englewood Bid Tabulation Sheet Bid Opening Date: December 04, 2020, 2:00 PM MST Apparent Low Bidder ITEM BID: RFP-20-050 GAC Removal and Installation Services Vendor Bid Bond Y/N SOQ Y/N Total Bid Exceptions/Comments Calgon Carbon 398,932.00$ 3000 GSK Drive Meen Township, PA 15108 Page 351 of 361 GAC Replacement Project Englewood City Council Tuesday, February 16, 2021 Page 352 of 361 GAC Replacement Project •Allen WTP has 5 filters o 36” GAC o 6” sand o 10”gravel •Replace GAC every 5 yrs o Filters 2, 3, and 4 replaced 2017 •$398,932 for Filters 5&6 •March 31st completion Page 353 of 361 Typical GAC Replacements Page 354 of 361 Typical GAC Replacements Page 355 of 361 GAC Replacement Project Thank you!Page 356 of 361 1 SUGGESTED PROCEDURES FOR EXECUTIVE SESSIONS A. Minutes of each executive session shall be kept by tape recording. B. If a different tape recorder will be used than the tape recorder normally used in Council/Board meetings, the tape recorder shall be tested before going into executive session to make sure it is operating. The tape shall be labeled with the name of the body and the date. C. Because executive session minutes are kept by tape recording, they shall stand approved with no further action. D. The tape recording shall be maintained by the City Clerk in a secured and locked location. E. The tape recording of the executive session shall be maintained for 90 days after the date of the executive session, and shall not be disclosed to any person except as required by law. F. After 90 days the tape recording of the executive session shall be destroyed in conformance with law. Page 357 of 361 2 EXECUTIVE SESSION TO GO INTO THE EXECUTIVE SESSION: MAYOR: I move to go into an executive session for a conference with the City Attorney for the purpose of receiving legal advice pursuant to C.R.S. Section 24-6-402(4)(b). Present at the executive session will be the following persons: Mayor Linda Olson, Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member John Stone Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik May I have a second. Please vote. Note: 2/3 quorum present must vote yes to pass any motion to go into executive session. An executive session may only occur at a regular or special meeting of the body. Council please exit from this Zoom session and join me in your Teams Link. Page 358 of 361 3 AT THE START OF THE EXECUTIVE SESSION THE MAYOR SHOULD STATE: It is February 16, 2021, and the time is _______________ p.m. For the record, I, Linda Olson, am the Mayor of the City of Englewood, and the presiding officer. As required by the Open Meetings Law, this executive session is being electronically recorded. Also present at this executive session are the following persons: Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member John Stone Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik This is an executive session for the purpose of receiving legal advice under C.R.S. 24- 6-402(4)(b). I caution each participant to confine all discussions to the stated purpose of the executive session, and that no formal action may occur in the executive session. If at any point in the executive session any participant believes that the discussion is going outside the proper scope of the executive session, please interrupt the discussion and make an objection. Page 359 of 361 4 ANNOUNCEMENTS TO BE MADE AT THE BEGINNING OF THE EXECUTIVE SESSION ANNOUNCEMENT BY THE CITY ATTORNEY As City Attorney, it is my opinion that the discussion of the matter announced in the motion to go into executive session constitutes a privileged attorney-client communication. I am therefore recommending that no further record be kept of this executive session, unless or until the privileged communication is concluded. If the communication changes from its primary purpose of Attorney/Client Communication into one of the two stated secondary purposes, I will request that the tape recorder be turned back on for those purposes. MAYOR’S ANNOUNCEMENT The City Attorney has recommended that no further record be kept of this executive session. The time is now _______________ and I am turning off the tape recorder at this time. AT THE CONCLUSION OF THE EXECUTIVE SESSION The time is now _______________ and I have turned the tape recorder back on because the privileged attorney-client communication is finished. BEFORE CONCLUDING THE EXECUTIVE SESSION I hereby attest that this recording reflects the actual contents of the discussion at the executive session and has been made in lieu of any written minutes to satisfy the recording requirements of the Open Records Law. The City Clerks Office will retain the tape in their possession for a 90-day period. The time is now ______________ p.m., and we will now conclude the executive session and return to the open meeting. May I have a motion to end this executive session? Second? Please vote. Page 360 of 361 5 ANNOUNCEMENT TO BE MADE AFTER CONCLUSION OF THE EXECUTIVE SESSION: The time is now _____ and the executive session has been concluded. The participants in the executive session were: Mayor Pro Tem Othoniel Sierra Council Member Joe Anderson Council Member Dave Cuesta Council Member Rita Russell Council Member John Stone Council Member Cheryl Wink City Manager Shawn Lewis Interim City Attorney Alex Dorotik For the record, if any person who participated in the executive session believes that any substantial discussion of any matters not included in the motion to go into executive session occurred during the executive session, or that any improper action occurred during the executive session in violation of the Open Meetings Law, I would ask that you state your concerns for the record. If any concerns are stated, the Mayor should state: “Your concerns are noted for the record.” (Move on to next regular agenda item) Page 361 of 361