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HomeMy WebLinkAbout2021-06-21 (Special/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. 1000 Englewood Pkwy 2nd Floor Community Room Englewood, CO 80110 AGENDA Hybrid City Council Special/Regular Monday, June 21, 2021 ♦ 5:30 PM This meeting is scheduled to begin at 5:30 p.m. Council dinner available at 5:00 p.m. This City Council Special/Regular meeting will be a hybrid meeting. City Council, staff, and the public are welcome to attend the meeting either in person or virtually. To view the meeting, please follow this link to our YouTube live stream link: https://www.youtube.com/watch?v=8LsrS16WC6I 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Study Session Topic a. Redevelopment Manager Dan Poremba and Interim EDDA Executive Director Hilarie Portell will update City Council on the EDDA's recent progress and provide an overview of items that will require Council's formal consideration. Information Presentation: 45 minutes Discussion: 30 minutes 4a b. Director of Finance Jackie Loh and members of the Leadership Team will discuss department preliminary 2022 Budget requests. Information Presentation: 90 Minutes 4b 5. Consideration of Minutes of Previous Session a. Minutes of the Hybrid Regular City Council Meeting of June 7, 2021. City Council Regular - 07 Jun 2021 - Minutes - Pdf b. Minutes of the Hybrid Special City Council Meeting of June 14, 2021. Hybrid City Council Special Meeting - 14 Jun 2021 - Minutes - Pdf 6. Appointments, Communications, Proclamations, and Recognition 7. Recognition of Scheduled Public Comment Page 1 of 518 Englewood City Council Regular Agenda June 21, 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. 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. Jake Gilbert, an Englewood resident, will address Council regarding the off-leash survey. b. Doug Cohn, an Englewood resident, will address Council regarding changing the building code. 8. Recognition of Unscheduled Public Comment If you would like to sign-up to speak for public comment at the upcoming City Council meeting on Monday, June 21st, please visit https://englewoodco.zoom.us/webinar/register/WN_Txc1AFOiSeun3M-7ZMmQoQ and register, or plan to attend the meeting in person at 1000 Englewood Pkwy, Second Floor Community room. If registering to speak virtually, you will receive a unique and personalized invitation by email to join the meeting. Every speaker who wants to register should sign-up with their own email address. If you do not have an email address or if you have any questions regarding this process, please reach out to the City Clerk's Office at CityClerk@englewoodco.gov or call 303-762-2430. Citizens may also submit written public comments to the City Clerk's Office at CityClerk@englewoodco.gov until 12 p.m. Tuesday, June 22nd. 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 22 - Approval of an Intergovernmental Agreement (IGA) with the Cities of Littleton and Sheridan and Arapahoe County for the purposes of developing a Tri-Cities Homelessness Plan of Action 9bi Staff recommends City Council approve an Ordinance for an intergovernmental agreement (IGA) with the Cities of LIttleton and Sheridan and Araphoe County for the purposes of developing a Tri-Cities Homelessness Plan of Action. Staff: Assitant to the City Manager Tim Dodd Page 2 of 518 Englewood City Council Regular Agenda June 21, 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. c. Resolutions and Motions i. Resolution appointing Hearing Officers for 2021. 9ci Staff recommends City Council approve a Resolution appointing Hearing Officers for 2021. Staff: City Attorney Tamara Niles ii. Resolution authorizing the City to submit a loan application through WIFIA. 9cii Staff recommends City Council approve a Resolution to apply for a WIFIA loan and authorize appropriation of a $100,000 application fee. Staff: Director of Utilities and South Platte Renew Pieter Van Ry iii. Resolution awarding an optimal source contract with ConvergeOne, Inc. 9ciii Staff recommends City Council approve a Resolution for an optimal source contract with ConvergeOne, Inc., in an amount not to exceed $253,317.22, to purchase a new computer server and firewall equipment. Staff: Interim Director of Information Technology Jeromy King and Deputy Director of Engineering Utilities Steve Simon iv. Professional Services Agreement with Huffman Engineering 9civ Staff recommends City Council approve, by Motion, a Professional Services Agreement with Huffman Engineering, in an amount not to exceed $530,290, to procure, install, and program a new Filter Interface Panel and control software at the Allen Water Treatment Plant. Staff: Deputy Director of Engineering Utilities Steve Simon 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 25 - Crossing Agreement with Xcel Energy 11ai Staff recommends City Council approve a Bill for an Ordinance authorizing the City of Englewood to grant a temporary City Ditch Crossing Agreement to Xcel Energy to allow installation of a new 1.25” gas service line over City Ditch at the Swedish Medical Center complex. Staff: Deputy Director of Engineering Utilities Steve Simon b. Approval of Ordinances on Second Reading i. CB 21 - A Perpetual non-exclusive easement for the transmission and distribution of electricity and related communication signals on, over, under, and across the following described premises at Belleview Park. 11bi Page 3 of 518 Englewood City Council Regular Agenda June 21, 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. Staff recommends City Council approve an Ordinance for a perpetual non- exclusive easement for the transmission and distribution of electricity and related communication signals on, over, under, and across the following described premises at Belleview Park. Staff: Manager of Open Space Dave Lee ii. CB 23 - Memorandum of Understanding between the City of Englewood and the Colorado State Patrol to share License Plate Reader information. 11bii Staff recommends City Council approve an Ordinance for a Memorandum of Understanding between the City of Englewood and the Colorado State Patrol to share License Plate Reader (LPR) information and to have the capability to query all LPR based information from around the State of Colorado. Staff: Division Chief Vance Fender c. Resolutions and Motions i. Resolution for the American Rescue Plan Act (ARPA) certification process. 9ci Staff recommends City Council approve a Resolution for the certification filing for the ARPA funding application of $8,776,000. Staff: Director of Finance Jackie Loh and Finance Manager Kevin Engels ii. Approval of a contract to construct the S. Acoma St. Drainage Improvements Phase 1 project in the South Englewood Drainage Basin, Project S3a. 9cii Staff recommends City Council approve, by Motion, a contract with Summers Construction, Inc. for the South Acoma Street Drainage Improvements Phase 1 Project in the amount of $831.919.00 with allowance for a 10% contingency in the amount of $83,191.90. Staff: Capital Project Manager Tim Hoos and Capital Project Engineer Devin Keener 12. General Discussion a. Mayor's Choice i. The Mayor will discuss the upcoming meeting with the Apartment Association of Metro Denver. ii. Council will discuss the proposed Proclamation and give guidance on if they would like to approve it at the July 6th City Council meeting. Proclamation b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 518 Englewood City Council Regular Agenda June 21, 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. Page 5 of 518 STUDY SESSION TO: Mayor and Council FROM: Dan Poremba DEPARTMENT: Community Development DATE: June 21, 2021 SUBJECT: Informational update: Englewood Downtown Development Authority (EDDA). DESCRIPTION: Informational update on the recent progress to establish the Englewood Downtown Development Authority (EDDA), including an overview of four upcoming EDDA items requiring Council's formal consideration. RECOMMENDATION: Staff will provide a progress report on all tasks required to establish and operationalize the EDDA. Staff will also update council on four specific topics in advance of council’s formal consideration of these items in subsequent meetings, including: 1. EDDA 2021 Operating Budget and related Operating Plan as approved by the EDDA Board on May 26, 2021 (copy attached), 2. Intergovernmental Agreement between the City of Englewood and the EDDA as approved by the EDDA Board on April 28, 2021 (copy attached), 3. Downtown Plan of Development, and 4. Possible 2021 EDDA Debt Authorization Ballot Measure. Interim EDDA Executive Director, Hilarie Portell, will be available to provide additional details and address council's questions, along with Hilary Graham from the EDDA’s law firm of Hoffmann, Parker, Wilson & Carberry P.C., and Mark Tompkins, from Strae Advisory Services. Strae is supporting the EDDA and city staff on matters involving EDDA financing and tax increment options. Members of the EDDA Board will also be present to provide the council with their input as requested. PREVIOUS COUNCIL ACTION: On July 6, 2020, council approved CB #25, an ordinance authorizing an election relating to the formation of the Englewood DDA, plus three TABOR-required ballot questions required to fund DDA operations and investment in public improvements. As the long-term DDA business plan, a draft Downtown Plan was formulated and reviewed with council on June 22, 2020 (englewoodco.gov/home/showdocument?id=27183). Based on the split results of the November 3, 2020 DDA election and the City Council December 14, 2020 study session evaluation of alternatives, council directed staff to proceed with establishing and organizing the EDDA in 2021, including steps to: • Establish the EDDA Board, Page 6 of 518 • Request and consider board recommendations regarding funding for EDDA operations, • Implement a city-directed investigation of potential future tax increment financing by the EDDA (including initial discussions with Englewood Schools and Arapahoe County). SUMMARY: General Update. In accordance with the organizational ordinance, six board members were named by City Council resolution on April 5, 2021: Brad Nixon, Hugo Weinberger, Erika Zierke, Blake Calvert, Diane Reinhard and Amy Gallegos. The council member position on the board was filled by Mayor Pro Tem Othoniel Sierra through appointment by the council on April 26, 2021. The board held its first meeting on April 28, 2021. 2021 EDDA Budget. Under state statute, the EDDA Board and City Council are required to approve the annual operating budget of the EDDA. The 2021 Budget and the Operating Plan, as approved by the EDDA Board on May 26, 2020, are attached. The total 2021 operating budget is $200,000. Under two interim Professional Services Agreements (PSA) with the Community Development Department, which run through July 31, 2021, Hilarie Portell of Portell Works is serving as the Interim Executive Director of the EDDA. As a subcontractor to Portell Works, the law firm of Hoffmann, Parker, Wilson & Carberry P.C. is serving as the EDDA’s legal counsel. All other interim expenses have also been funded through the Portell Works PSAs. Beginning August 1, 2021, EDDA operational funding of $150,000, will commence for the remainder of 2021. This funding was authorized by council as part of the 2021 supplemental budget request. This amount includes a reimbursement of $49,500 to Community Development for the second interim PSA with Portell Works. Intergovernmental Agreement (IGA). The EDDA Board approved the proposed IGA with the City of Englewood at its first meeting on April 28, 2021 (attached). The IGA had previously been distributed to all city department directors to solicit their feedback (together with sample IGAs from Castle Rock and the City of Longmont). The subject IGA was prepared by EDDA counsel and reviewed by the City Attorney’s Office. The intergovernmental agreement’s consideration and approval by council will require an ordinance. A first reading of an ordinance to approve the IGA is currently scheduled for July 6, 2021 with a second reading currently scheduled for July 19, 2021. Downtown Plan of Development. In 2020, a draft Downtown Plan (formally known as the Downtown Plan of Development) was formulated by the Downtown Matters consulting team and steering committee to help inform City Council and the qualified electors of the anticipated costs and benefits of forming an Englewood DDA. The draft plan was reviewed with council during the June 22, 2020 study session, which also included comments from a number of steering committee members to council. The draft plan was also posted on the city website for public review and comment. The final Downtown Plan that will be endorsed by the EDDA Board is expected to be very similar to the draft plan that was reviewed with council. The final plan will be submitted for council consideration following its adoption by the EDDA Board, anticipated at the June 23, 2021 meeting. The plan will be submitted for review by the Planning and Zoning Commission. The Planning and Zoning Commission must then submit its written recommendations to the Page 7 of 518 council within 30 days of the EDDA’s approval forwarding the plan to the city. City Council must hold one public hearing, following which City Council may approve the plan via resolution. The Downtown Plan was recently awarded, by Downtown Colorado, Inc., the 2021 Governor’s Award for Downtown Excellence for “best planning” in the State of Colorado. On a related note, and based in large part on the quality of the Downtown Plan and the initiative of Hillarie Portell in pursuing grant applications, CDOT recently notified the EDDA that it is a finalist for a $150,000 Main Streets Grant. This grant would be utilized to improve the South Broadway paseos and connecting mid-block crosswalk. The overall goal would be to make these areas safer, cleaner and more accessible for all members of the community. Six tax increment financing (TIF) sub-districts are being evaluated for possible inclusion in the plan as part of council’s consideration of the plan (three sub-areas in the plan with each containing one property tax sub-district and one sales tax sub-district). The goal is to identify the best initial combination for generating near-term TIF revenues to fund EDDA operations without sacrificing significant long-term debt financing capacity. The 30-year TIF limitation “time clock” begins running once a particular EDDA sub-district is approved by City Council for TIF collection (via approval of or amendment of the Downtown Plan). Staff will recommend the activation of the Medical District sub-area as the first property tax TIF sub-district. Further financial analysis is underway to determine if additional sub-districts will be recommended for immediate activation. The EDDA is also evaluating possible sub-area boundary revisions to optimize the EDDA’s overall tax increment potential. Amendment of the boundaries will likely include moving the Englewood Marketplace and Englewood Plaza retail centers from the South Broadway sub-area to the CityCenter sub-area to mitigate the negative impacts of potential retail vacancies and demolitions on incremental sales taxes as these two large and underdeveloped sites begin to move toward redevelopment. The EDDA team is also evaluating changing the eastern boundary of the Broadway sub-area from Sherman Street east to Logan Street to add compensating area and retail uses in the reconfigured South Broadway sub-area. Slide 12 in the attached PowerPoint depicts these revisions. Prior to council’s formal consideration of the adopting resolution for the Downtown Plan, staff and EDDA representatives plan to meet with representatives of Arapahoe County and Englewood Schools to discuss the EDDA's plans and the mutual benefits of utilizing tax increment financing to help revitalize Downtown Englewood. 2021 Debt Authorization Ballot Measure. On November 3, 2020, Ballot Measure C failed to pass by nine votes. Measure C was one of four ballot measures authorized under Ordinance 25. If passed, it would have authorized the EDDA to enter into multi-year fiscal obligations. It would have also authorized TIF-backed bonds to be issued at future dates, subject to approval by the EDDA board and City Council. In collaboration with the EDDA Interim Executive Director, legal counsel, financial advisor and city staff, the EDDA Board evaluated funding alternatives for future EDDA operational and investment activities, including the collection of tax increment revenues to be used for both the direct expenditures and to potentially back the issuance of EDDA bonds. In order to maximize the value of the EDDA, the EDDA Board and city staff recommend that the City Council approve the placement of the EDDA debt authorization question on the November ballot again this year as a single EDDA ballot question. It would be voted on only by qualified Page 8 of 518 electors within the EDDA district. The electors are Colorado registered voters who are business owners, property owners and residential tenants in commercially-zoned properties within the district (approximately 1,400 total potential voters). The rationale for placing the debt authorization question back on the ballot this year is detailed below. ANALYSIS: The four measures outlined in this communication will be further summarized when each is submitted for council’s consideration for approval. The first three of these items are straightforward compliance requirements tied to the state DDA statute. Since the debt authorization ballot question is the most complex of the four EDDA measures, it is addressed in additional detail here. The EDDA would benefit from a voter-approved debt authorization in order to carry out a number of its functions which involve multi-year fiscal obligations. These obligations would include multi-year services contracts and public improvement projects requiring more than one year for development and implementation. The collection and expenditure of TIF revenues were approved by the qualified electors in the November 3, 2020 EDDA formation election (ballot question B). However, City Council approval of the final Downtown Plan is also required to activate the EDDA’s collection and expenditure of the specific sub-district tax increment revenues. Voter approval of the debt authorization measure is required to authorize multi-year fiscal obligations of the EDDA, even if the council never approves a subsequent issuance of EDDA bonds. The most significant potential impacts of the EDDA are associated with its ability to utilize TIF revenues to issue TIF-backed bonds for public improvements and other investments in the EDDA district over the course of its 30-year authorization. If the debt authorization ballot measure is approved by the district voters, future EDDA TIF-backed bonds could be issued, subject to council approval of individual bond issues and the projects that would receive bond funding. EDDA bonds would not constitute debt of the city nor would the EDDA’s financing activities impact the city’s debt rating. Tax increment bond financing would not increase taxes or create financial risks for Englewood residents, inside or outside of the EDDA boundaries. Approval of the EDDA debt authorization measure by EDDA electors is also required to legally establish the anticipated loan agreement between the City of Englewood and the EDDA to facilitate the repayment to the city of the operating funds advanced to the EDDA during its first year ($150,000) and, possibly, in subsequent years. A convertible loan mechanism is anticipated, under which the advanced funds would be considered a grant from the city to be converted to a loan at such time that a debt authorization is approved by the EDDA qualified electors. The city loan repayment schedule would be secured by future TIF collections, as previously authorized by EDDA voters in November of 2020 but still subject to council approval via council’s approval of the Downtown Plan. In 2020, the City Council’s consideration of the election to authorize the formation of the EDDA included extensive discussion of the specific and required dollar amount for inclusion in the ordinance and ballot language. The council considered debt amounts between $40 million and $150 million. Council ultimately selected a debt authorization of $80 million for the ordinance and ballot measure. This figure was presented to the district voters along with the separate TABOR-required, full-cost equivalent of $216.5 million (including 30 years of interest on the full amount). Since $80 million is the amount previously discussed with EDDA qualified electors Page 9 of 518 leading up to the 2020 election, staff is recommending that the debt authorization amount of $80 million again be utilized for the 2021 ordinance and ballot question (together with the updated calculation of the TABOR-required full-cost equivalent). Based on last year's Council discussions, staff and the EDDA team again identified a list of illustrative, hypothetical public improvements and other uses of potential EDDA bond financing (depicted on slides 18-19 in the attached presentation). Slide 19 indicates that an $80 million debt authorization amount will support valuable projects across the entire EDDA area. The future projects and uses financed with EDDA bonding are expected to occur in all three sub-areas of the EDDA: CityCenter, the Medical District and South Broadway (the Medical District sub-area name is being revised to “Wellness District”). These uses would ultimately be funded in accordance with needs and opportunities prioritized by the EDDA Board and approved by the City Council. Over time, they will reflect a wide range of public improvements and other needs within the EDDA district and across the three sub-areas. However, as discussed with council last year, there is a general expectation that the first significant bond proceeds will be utilized to fund public improvements in the CityCenter sub-area that are required to facilitate redevelopment. The improvements associated with the CityCenter project will help to catalyze redevelopment and revitalization across the entire Downtown area and further expedite the growth of TIF revenues. The EDDA debt authorization ordinance, including the proposed ballot language, is scheduled to be presented to the City Council for consideration at first reading on July 6, 2021 and, if approved, at second reading on July 19, 2021. CONCLUSION: Staff recommends that City Council approve each of the four summarized EDDA measures as they are submitted for formal consideration over the coming weeks. Council approval of the 2021 Budget, the IGA between the EDDA and the city, and the Downtown Plan will ensure compliance with provisions of the state DDA statute. Council approval of the placement of the EDDA debt authorization measure on the November 2, 2021 EDDA ballot is recommended to seek approval from the qualified electors to facilitate the full functionality of the EDDA as described in the Downtown Plan. Collectively, these measures will equip the EDDA to maximize the benefits it can generate for Downtown and all of Englewood. FINANCIAL IMPLICATIONS: The financial implications for each of the four EDDA items updated in this communication will be summarized in further detail in the City Council materials associated with council’s formal consideration of each item. A general summary is provided below. EDDA 2021 Budget. The 2021 EDDA operating budget of $200,000 will be funded by $50,000 from the approved 2021 Community Development Department’s professional services budget, plus $150,000 from the council-approved 2021 supplemental budget appropriation. It is anticipated that the $150,000 will be repaid to the city from EDDA tax increment collections, as identified in the Downtown Plan and approved by council. The repayment schedule would be in accordance with an anticipated convertible loan agreement, subject to approval by council, if the recommended debt authorization measure is placed on the 2021 ballot and approved by the EDDA qualified electors. Page 10 of 518 Intergovernmental Agreement (IGA). The IGA between the EDDA and the city is a one-year agreement that terminates on December 31, 2021 unless mutually extended by the parties. In addition to the city funding of 2021 operating expenses, the city’s various departments are generally also required to advise and assist the EDDA as requested. Although there will be some city employee tasks associated with this EDDA assistance, they are expected to be intermittent and the city will receive comparable value from the tasks to be performed by the EDDA, as specified in the IGA. Downtown Plan. The final Downtown Plan is not anticipated to create any new expenses or cost obligations for the city. In fact, the anticipated recommendation of the initial TIF sub- districts to be activated is to provide the EDDA with expendable revenues that can be utilized to minimize the city’s funding of operational expenses during the EDDA’s early years. Council approval of the final Downtown Plan, including the recommended TIF sub-districts to initially activate, would also provide the EDDA with a funding source for a range of marketing, safety/security and cleanliness tasks and expenses for which the city would otherwise be responsible. Debt Authorization Ballot Measure. If council authorizes the placement of the debt authorization question on the ballot for the November 2, 2021 EDDA election, the EDDA will incur certain election administration and communication expenses. These expenses have been included in the 2021 EDDA budget previously approved by the EDDA Board and recommended for City Council approval ($10,700 for election administration plus additional funding to be re- allocated from the marketing and contingency line items). If the debt authorization is approved by the qualified electors, one additional financial benefit to the city is that the anticipated convertible loan agreement between the EDDA and the city would then obligate the EDDA to pay the city back for the operating funds advanced to the EDDA in the first year and possible subsequent years. In addition, the EDDA would also be positioned to sponsor more investments in the Downtown area than the city could on its own. This would help accelerate the revitalization of Downtown Englewood and may also free up city funding for projects outside of Downtown. CONNECTION TO STRATEGIC PLAN: The local economy outcome area of the strategic plan includes the following goals: • Establish a Downtown Development Authority, • Retain and sustain local business, • Hold commercial vacancy along South Broadway to a minimum by supporting redevelopment of aging properties and supporting new business development in the area, • Ensure a focus on locally owned and operated businesses. Council adoption of the recommended four EDDA measures will facilitate the fulfillment of these goals. ATTACHMENTS: The 2021 Budget and related Operating Plan, approved by the EDDA Board on May 26, 2020 IGA between the EDDA and the City of Englewood, approved by the EDDA Board on April 28, 2021 Page 11 of 518 PowerPoint presentation Page 12 of 518 Englewood Downtown Development Authority 2021 Proposed Budget Revenue Budget Feb-April May-July Aug-Dec NotesCommunity Development Dept.50,000 50,000.00 Start-up fundingCity Loan 150,000 49,500.00 100,500.00 Annual operations; repayment via tax incrementGovernment Grants TBD: state economic recovery grants Contract Arrangement Feb-July: Professional Services Agreement between Englewood Community Development and Portell Works. Aug-Dec: DDA contracts directly with staff, professional services, vendors. TOTAL REVENUE 200,000 50,000.00 49,500.00 100,500.00 EXPENSES BID Management & Services Management 88,800 25,500.00 21,900.00 41,400.00 Executive Director (20 hours/wk, $75/hour, 48 wks, $72K) Administrative assistant (start up time plus 10 hours/week, $30/hr, April-July; 15 hrs/wk, $30/week, Aug-Dec, $13,800). No taxes, insurance, benefits, office or equipment. Insurance 2,500 0.00 2,500.00 0.00 Colorado SDA membership, general/board liability insurance Bookkeeping 1,350 0.00 1,350.00 0.00 Ottowa Accounting and Consulting, $450/mo. Legal Services 34,000 18,400.00 7,200.00 8,400.00 Hoffmann, Parker, Wilson & Carberry, P.C. District start-up services, IGA, research, TABOR election legal support. Annual state compliance. TABOR Election Administration 10,700 0 1,700.00 9,000.00 Contractor TBD Marketing Communications 20,000 5,350.00 8,000.00 6,650.00 Programming: JHF Design. DDA website, e-newsletter, Bang the Table web pages, articles. Marketing & communications support for DDA and TABOR election. Printing/Mailing 10,000 0.00 5,000.00 5,000.00 4 elector mailings Events 10,000 0.00 10,000.00 city and merchant event sponsorships Mobility 0.00 Planning 5,000 5,000.00 multimodal program planning Clean & Safe 3,200 1,600.00 1,600.00 2 cleanups on S Broadway, Old Hampden. Crime and safety programs as needed. Operations 3,000 750.00 750.00 1,500.00 office supplies, meeting expenses, misc. expenses Contingency 11,450 0.00 0.00 11,450.00 unanticipated costs and opportunities TOTAL EXPENDITURES 200,000 50,000.00 50,000.00 100,000.00 200,000.00 Page 13 of 518 1 Englewood Downtown Development Authority Proposed Operational Plan April 2021 Overview The Englewood Downtown Development Authority (EDDA) was approved by downtown voters in November 2020 following a year-long public process. And, notably, during sudden economic upheaval related to the Covid-19 pandemic. Voters authorized the EDDA to receive and spend funding from a variety of sources, did not approve a mil levy increase and narrowly voted down debt authorization for TIF financing. Start-up funding for the EDDA will come from a city loan and possible government grants related to economic recovery from the pandemic. This will allow the EDDA to start work as a champion for downtown, working to make it more economically vibrant, connected, safe and green. This year, the EDDA can serve as an economic recovery catalyst for downtown stakeholders, pursue federal recovery grant funding and implement projects in partnership with the city. Long term, sustainable funding must be secured by the EDDA and will require an election to seek debt authorization for tax increment financing, without proposing a tax increase. While the EDDA will be a key partner of the city, it is important to remember that it is a separate legal, government entity regulated by state statute (CSR 31.25.801). It is accountable to its board as well as to the city, as set forth in the statute. The EDDA should be set up to operate accordingly, with specialized professional support and close coordination with city departments. The following offers a year-one operational plan for the EDDA, based on recommendations in the Englewood Downtown Plan and refined through discussions with city staff, board members and research on economic recovery funding. Page 14 of 518 2 GOALS: 1. Support economic recovery of downtown stakeholders 2. Leverage city downtown investments and initial projects 3. Secure sustainable operational and project funding 4. Ensure professional administration of the DDA and its programs STRATEGIES/ACTIONS Administrative: DDA Start-up and Statutory Compliance • Draft 2021 operational plan and budget, based on recommended strategies in Englewood Downtown Plan, discussions with city staff and EDDA board members, and research on economic recovery grant funding. • Ensure that legal state compliance and foundational documents are in place, including state registration, federal EIN, state tax-exempt status, by-laws, special district association membership and liability insurance. • Create an IGA with the City of Englewood, clarifying roles, coordination, funding, services to be provided by the EDDA, any shared resources. • Administer an operating loan from the city and a sales tax increment agreement for repayment, pending council approval. • Establish internal working procedures, systems and interface with city departments. • Secure professional services: legal, marketing, administrative. • Assess feasibility of city accounting support for the EDDA. • Participate in research related to TIF bonding and tax increment programs to fund operations and community improvement projects. • Research state economic recovery grant opportunities. • Seek EDDA board and city council approval of 2021 budget. • Manage EDDA vendors and monthly billing; secure professional bookkeeping services. • Refine database of EDDA property owners and businesses. • Schedule organizational meeting with board, city staff and consultants. • Seek board, planning commission and city council approval of Englewood Downtown Plan. Economic Development: secure sustainable funding; support downtown businesses; keep stakeholders informed • Pending board direction, support TABOR election for debt authorization with stakeholder educational outreach: o DDA Bang the Table project page: information, animated graphic, FAQs, recorded forums o Monthly e-newsletters, quarterly Citizen magazine articles (print, digital) Page 15 of 518 3 o Local media relations o Open houses in each sub area and forum with the Chamber of Commerce o Direct mail to eligible downtown electors o Small group meetings, personal outreach o Involve EDDA board in outreach activities • Research state economic recovery funding grant opportunities for small business support: apply if eligible and in coordination with city economic development department. • Keep downtown stakeholders informed about downtown news, economic recovery assistance, pandemic policy changes and forums offered by the Greater Englewood Chamber of Commerce and other business support entities. Support business recruitment and development in Downtown District • Work with community development department: o Track vacancies, new investment, and job creation in the downtown district, consistent with goals in the city’s strategic plan. o Help recruit new businesses or developers to the downtown district, consistent with the Englewood Downtown Plan. o Assist downtown businesses with regulatory questions and concerns, and access to city programs. Clean & Safe: Maintain a clean and safe environment for district businesses and community members. • Quarterly cleanups along South Broadway and Old Hampden: spot clean of sidewalks, benches, trash cans, sweeping of curb/gutter, picking up litter, cleaning up graffiti. • Work with police and property owners on crime and safety programs, information, and response. Marketing: Position Downtown Englewood as an attractive consumer destination and investment. • Modify the existing Downtown Matters brand and create high quality, cost-effective marketing tools including a downtown web page, e-newsletter, engagement page, templates for presentations and handouts, and stationery package. • Work with city communications team on alignment with city brand and messaging. • Apply for Downtown Colorado, Inc. award for Best Downtown Plan. • Promote tangible signs of economic recovery and momentum: business re-openings, expansions, relocations, new development. • Contribute downtown content to city communications department to extend the reach of Downtown communications & marketing to the local consumer market. • Play a supporting role for key downtown events organized by the city and merchants. Page 16 of 518 4 Placemaking: Create a more inviting, connected destination • Work with city departments on design and community engagement for city-funded placemaking projects in the downtown district, including: o Hwy 285/S Hampden improvements o Little Dry Creek park enhancements o Enhanced crosswalks and lights over South Broadway o Old Hampden complete street design o Wayfinding project • Analyze and pursue economic recovery funding options to leverage city investments in downtown placemaking. Mobility: Provide more ways to get around Downtown • Analyze feasibility of a developer-funded multimodal program to invest in mobility infrastructure, amenities, and services. Advocacy: Build partnerships to benefit all • Meet monthly with Greater Englewood Chamber of Commerce leadership to share information and coordinate activities. • Advocate in support of continued COVID adaptations: outdoor patio expansions, common consumption area, and alley activation. • Work with the Greater Englewood Chamber of Commerce, Englewood Historical Society, Englewood Cultural Arts Commission, accessibility advocates and other civic organizations to represent downtown interests and provide feedback regarding policies, regulations, or programs. • Work collaboratively with other groups to problem-solve in the downtown district. Page 17 of 518 1 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX INTERGOVERNMENTAL AGREEMENT FOR DOWNTOWN DEVELOPMENT AUTHORITY SUPPORT AND SERVICES THIS AGREEMENT is made and entered into by and between the City of Englewood, Colorado, a municipal corporation (the "City"), and the Englewood Downtown Development Authority ("EDDA"), effective this ____ day of ___________, 2021 (each a "Party" and collectively, the "Parties"). RECITALS The City of Englewood formed the Downtown Matters planning initiative in January 2020 as a grant study initiative. The City of Englewood subsequently formed a Downtown Development Authority as a body corporate pursuant to Colorado Revised Statutes section 31-25-801, et seq., in July 2020, the funding of which was ratified in part by qualified electors at the November 2020 election. The EDDA was formed by Ordinance No. 25, Series 2020, and approved by voters for the purpose of promoting the cohesive improvement and redevelopment of the downtown area of the City of Englewood. As consideration for the work to be performed by the EDDA, the City agrees to provide assistance and services as set forth herein. ARTICLE I DUTIES OF THE EDDA 1. EDDA Services. The EDDA agrees to provide the following downtown development services and programs on behalf of the City: a. To prepare or have prepared the Englewood Downtown Plan, including a plan of development as contemplated by C.R.S. § 31-25-807, and providing a long-term vision for the downtown district for economic development, marketing, public space/placemaking, mobility and land use/design goals and strategies. b. To encourage and stimulate economic development in each of Englewood’s three identified sub-areas – South Broadway, City Center and Medical District – by providing information and services to existing and prospective businesses and developers. c To establish policies and programs in accordance with EDDA goals and strategies in five main topic areas: (1) Economy, Jobs and Housing; (2) Marketing and Programming; (3) Public Space Enhancements and Placemaking; (4) Mobility, Parking and Transportation; and (5) Land Use and Urban Design. d. To implement both short- and long-term strategies to guide the EDDA moving forward in accordance with the topics above such that Downtown Englewood realizes both short- and long-term benefits of the EDDA's strategic mission. Page 18 of 518 2 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX e. To promote downtown special events, COVID-19 pandemic restrictions permitting, with implementation assistance from the City, including without limitation, partnering with and leveraging local business promotions and their individual events as an opportunity to attract patrons to the EDDA area and supporting municipal events in the downtown district. f. To prepare digital and print marketing materials to assist in achieving economic development and marketing in the Downtown district. g. To conduct, prepare, or have prepared planning and technical surveys as may be necessary for data and informational needs. h. As necessary, to coordinate work and consult with the designated representatives of the City in preparation of economic development, marketing, public space/placemaking, mobility and land use/design activities. i. To serve on project teams or as a stakeholder for several downtown projects, to have a representative serve on the Development Review Team, and to participate in the City's development code update. j. To propose projects and prepare documents and presentations, as necessary, for City evaluation and consideration. k. To serve as a liaison to the Police Department on crime and safety matters affecting the Downtown area. l. To evaluate quarterly spot maintenance along South Broadway, Old Hampden and Englewood Parkway, to support the local storefront economy, and enhance a sense of safety and cleanliness for customers. m. To prepare information for additional appropriations and Capital Improvement Program project amendments for the current fiscal year on the same schedule as City departments and to be available to present information during council meetings if necessary. n. To coordinate with the City to ensure consistent and appropriate management of independent contractors and, when appropriate, to use City Personnel Rules and processes for management of employees. o. To use the City’s Procurement Division for all procurement contracts and purchasing transactions, and to adhere to all of the City’s purchasing rules and regulations. However, where it states in the purchasing rules that contracts must be approved by City Council, EDDA contracts will be approved by the EDDA Board. Where purchasing rules dictate that the Procurement Manager will sign contracts, the EDDA Director will have this signing authority. p. To do all things necessary, proper, advisable or convenient for the accomplishment of the above purposes and to do all other things incidental thereto or connected therewith. 2. Downtown Projects. The Parties agree to explore funding and partnerships related to Page 19 of 518 3 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX downtown projects aligned with the Downtown Plan, including streetscape, mobility and pedestrian safety improvements, and development and small business grants. When appropriate for city-led downtown projects, the EDDA will have a representative on such a project team. ARTICLE II DUTIES OF THE CITY 1. Support Services. In conjunction with the services to be performed by the EDDA as set forth above, the City agrees to provide the EDDA with the following support services: a. The City’s Human Resources Department shall provide services and resources to the EDDA that reflect those provided to City independent contractors. b. The City shall provide the EDDA with copies of all policies and procedures applicable to independent contractors. c. The City shall provide the EDDA access to the services of its Risk Management Division of the Human Resources Department as a resource for advice and assistance on purchasing of insurance, claims, safety, and other risk management issues. d. The City shall provide the EDDA with the resources of purchasing services, supplies, and equipment through the City’s Procurement Division. e. The City shall provide to the EDDA accounting services and monthly detailed financial reports relating to EDDA expenses, income, and budgets. f. The City shall provide to the EDDA access to the City Clerk's Office for services ensuring compliance with the Open Meetings Law and the Open Records Act, as well as for assistance with election activities. g. The City shall provide to the EDDA access to the City's economic development department to allow coordination of economic recovery assistance efforts. h. The City shall provide the EDDA access to the services of the Building Inspection staff as a resource for advice and assistance on electrical and building design and compliance issues. i. Subject to all professional and legal duties the City Attorney and his or her staff owe to the City and its officers and employees, including loyalty, conflict of interest, and confidentiality, the City will provide the EDDA access to its City Attorney’s Office as an informal resource on legal issues. The City Attorney will provide this service as a matter of information only, as part of his work for the City. This service shall not create the relation of attorney and client between the City Attorney or his staff and the EDDA. The EDDA acknowledges that it has authority under C.R.S. § 31-25-807(g), to retain and fix the compensation of legal counsel and that the City Attorney is not such legal counsel. Page 20 of 518 4 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX j. The City shall provide the EDDA services of the Community Development Department and other City staff as needed for implementation of the Englewood Downtown Plan. k. Safety in the EDDA area: The City shall work with the EDDA to collaborate on solutions, staffing and best practices to keep Downtown a clean and safe environment for all. l. The City shall provide the EDDA information technology services, including access to the EDDA’s website, email, engagement and video conferencing tools. 2. Request for Services. Requests for said services shall be made by the EDDA Director, an EDDA Board designee, or the Chair of the EDDA Board. ARTICLE III SALES TAX TIF; NEGOTIATED BASE 1. Pursuant to C.R.S. § 31-25-807(3)(a) and any adopted plan of development contemplated by C.R.S. § 31-25-807, the EDDA can accrue and spend sales tax funds collected within the EDDA boundaries in excess of the sales tax collected within the EDDA boundaries in the base year. The Parties acknowledge that, pursuant to C.R.S. § 31-25-307(3)(a)(I), the statutory formula to set the base year for sales tax TIF is as follows: “…municipal sales taxes collected within the boundaries of said development area in the twelve-month period ending on the last day of the month prior to the effective date of approval of said plan…” (the "Statutory Base"). 2. Recognizing the Statutory Base, the Parties may nonetheless desire to negotiate a different calculation as a base amount for sales tax TIF calculations in order to avoid penalizing the City in the event the COVID-19 pandemic of 2020 negatively impacted sales tax revenues, resulting in an understated Statutory Base that would have been higher during a more typical 12-month period. Any such agreement will be memorialized by separate written agreement and will be subject to City Council and EDDA Board approval. ARTICLE IV CITY CONTRIBUTION AS A LOAN 1. The City has authorized One Hundred Fifty Thousand Dollars ($150,000.00) in its 2021 budget to provide the services described in this Agreement (the "City Contribution"). It is the understanding of the Parties that the City Contribution shall constitute the total compensation payable by the City for the services identified herein and provided by the EDDA. 2. At the option of the Parties, they may negotiate by separate agreement a mechanism by which the City Contribution shall be considered a loan to the EDDA, repayable from sales tax TIF the EDDA collects or from other sources. Any such agreement would be subject to City Council Page 21 of 518 5 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX and EDDA Board approval. ARTICLE V INSURANCE REQUIREMENTS 1. The EDDA shall procure and maintain in full force and effect such insurance that will insure its obligations and liabilities under this Agreement. Coverage will initially be limited to general liability insurance for the EDDA Board through the Special District Association. When and if necessary, the EDDA shall procure and maintain workers’ compensation; property insurance necessary to protect real and physical assets owned by the EDDA including without limitation real property, business equipment, streetscape improvements, automobile liability (including, as appropriate, owned, non-owned and hired autos); and general liability. 2. The EDDA shall attach to this Agreement, prior to its final approval, a certificate showing it has in effect the policies required by this Agreement. The certificate shall name the City as additional insured and EDDA shall promptly notify the City’s Risk Manager if it learns of any termination, cancellation, or modification of any insurance policy. Any variance proposed by the EDDA to these insurance provisions must be approved in writing by the City’s Risk Manager and will become incorporated as an addendum to this Agreement. 3. EDDA shall not cancel, materially change, or fail to renew insurance coverages. The EDDA shall notify the City of Englewood Risk Manager, 1000 Englewood Parkway Englewood, CO 80110, of any material reduction or exhaustion of aggregate limits. ARTICLE IV TERM OF AGREEMENT 1. Notwithstanding the date of execution, this Agreement shall be for a term beginning January 1, 2021, and ending December 31, 2021, unless extended or modified by mutual agreement between the Parties. The City reserves the right to review the performance of the EDDA and to renegotiate at the end of the contract period if mutually agreeable between the City and the EDDA. Subject to annual appropriations by the City, this Contract shall be automatically renewable for each subsequent calendar year period. Either Party may elect not to renew this Contract by giving the other Party written notice of that decision at least ninety (90) days prior to the expiration of the current contract term. 2. Either Party may otherwise at any time terminate this Agreement by giving the other Party thirty (30) days written notice. However, the City Council of the City or Board of Directors of the EDDA shall have the authority to sooner or immediately terminate this Agreement upon a finding that the public interest requires such termination. 3. If this Agreement is terminated by either Party or it expires, such termination or expiration shall not prevent implementing the terms, conditions, and covenants of any agreement for assistance entered into by an applicant and the EDDA prior to such termination or expiration, unless Page 22 of 518 6 4/21/2021 Q:\USERS\ENGLEWOOD\DDA\AGR\2021\6 A ENGLEWOOD IGA-A042021.DOCX such agreement is contrary to law. ARTICLE V MISCELLANEOUS PROVISIONS 1. The Parties and their officers, attorneys, employees and agents are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the Parties and their officers, attorneys, or employees. 2. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of either Party not performed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. 3. There are no intended third-party beneficiaries to this Agreement. 4. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year written above. CITY OF ENGLEWOOD ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY By: _________________________________ By: _______________________________ MAYOR LINDA OLSON EDDA BOARD CHAIR ATTEST ATTEST ________________________________ ___________________________________ Page 23 of 518 Englewood Downtown Development Authority (EDDA) Informational Update Dan Poremba Chief Redevelopment Officer, Community Development Department City of Englewood City Council Study Session, June 21, 2021 Progress report on establishment of the EDDA, plus an overview of four upcoming items for Council consideration: 1. EDDA 2021 Operating Budget, 2. Intergovernmental Agreement between the EDDA and City of Englewood, 3. Downtown Plan of Development, 4. Debt Authorization Ballot Measure. Page 24 of 518 •During the 12/14/20 Study Session, Council directed staff to proceed with fully establishing and organizing the EDDA in 2021. •Six private-sector Board members were named by City Council resolution on April 5: Brad Nixon, Hugo Weinberger, Erika Zierke, Blake Calvert, Diane Reinhard and Amy Gallegos. •The Council position on the Board was filled by Mayor Pro Tem Othoniel Sierra. •Other start-up tasks completed: bylaws, seating of Board members, IGA drafting, other state filings, coordination of insurance, etc. EDDA Progress Report 2 Page 25 of 518 •Under two interim Professional Services Agreements with Portell Works, Hilarie Portell has been serving as the Interim Executive Director of the EDDA. •As Portell Works subcontractor, Hoffmann, Parker, Wilson & Carberry P.C. is serving as the EDDA’s legal counsel (Hilary Graham). Strae Advisory Services is providing support on financial and TIF matters (Mark Tompkins). •Beginning August 1, 2021, EDDA operational funding of $150,000, authorized by Council as part of the supplemental budget request, will be utilized to fund EDDA expenses for the balance of 2021. •Early EDDA tasks –next slide EDDA Progress Report 3 Page 26 of 518 EDDA Progress Report 4 Page 27 of 518 •Under State statute, the EDDA Board and City Council are required to approve the annual operating budget of the EDDA. •The proposed 2021 Operating Budget and related Operating Plan were approved by the EDDA Board on May 26, 2020. •The total 2021 operating budget is $200,000. 1. 2021 EDDA Budget 5 Page 28 of 518 •The EDDA Board approved the proposed IGA with the City of Englewood on April 28, 2021. •The draft IGA had been distributed to all City department directors for their feedback (together with sample IGAs from Castle Rock and Longmont). •The subject IGA was prepared by EDDA counsel and also reviewed by the City Attorney’s Office. It follows industry standards. •First Reading of the ordinance to approve the IGA is currently scheduled for July 6, 2021 with a Second Reading currently scheduled for July 19, 2021. 2. EDDA Intergovernmental Agreement 6 Page 29 of 518 •In 2020, a draft Downtown Plan of Development was formulated by the Downtown Matters consulting team, with Steering Committee input. It was reviewed with Council during the June 22, 2020 Study Session. •The final Downtown Plan, very similar to the draft, will be submitted to the City following EDDA Board approval (anticipated for its June 23, 2021 meeting). •Per State statute, the Plan endorsed by the EDDA Board will go to the Planning and Zoning Commission for review and written recommendations.City Council must hold one public hearing, after which Council may approve the Plan via resolution. 3. Downtown Plan of Development 7 Page 30 of 518 8 3. Downtown Plan of Development – cont.Page 31 of 518 •As part of the final Plan, six TIF subdistricts are being evaluated for possible activation (3 sub-areas in the Plan with each containing one property tax subdistrict and one sales tax subdistrict). •The EDDA will recommend a multi-phase approach to activating TIF subdistricts, balancing near-term EDDA funding needs and goals against longer-term goals. •30-year “TIF time clock” begins running per subdistrict once that TIF subdistrict is activated by City Council for TIF collection (via approval of the Downtown Plan). •The Medical District sub-area is recommended as the first property tax TIF subdistrict. Research continues on the sales tax TIF sbdistrictactivation recommendations. 3. Downtown Plan of Development – cont. 9 Page 32 of 518 3. Downtown Plan of Development – cont. 10 Three EDDA sub-areas in draft Downtown Plan Page 33 of 518 •Two revisions to the three sub-area boundaries are recommended in the final Downtown Plan to optimize the EDDA’s overall tax increment potential. •These include moving the Englewood Marketplace and Englewood Plaza retail centers from the South Broadway sub-area to the CityCenter subarea. •Also, changing the eastern boundary of the Broadway sub-area from Sherman Street to Logan Street to include compensating area and retail uses in the reconfigured South Broadway sub-area. 3. Downtown Plan of Development – cont. 11 Page 34 of 518 3. Downtown Plan of Development – cont. 12 Proposed Revisions to the EDDA sub-area boundaries Page 35 of 518 •On November 3, 2020,Ballot Measure C failed to pass by 9 votes. It would have authorized the EDDA to enter into multi-year fiscal obligations and issue TIF- backed bonds, subject to approval by City Council. •2020 was a tough year to achieve yes votes on all 4 DDA ballot questions. •The EDDA Board, consultants and staff have spent significant time evaluating funding alternatives for the EDDA. •To unlock the maximum impact of the EDDA, the Board is recommending that City Council approve placement of the debt authorization question on the EDDA November ballot again this year. 4. Debt Authorization Ballot Measure 13 Page 36 of 518 •The collection and expenditure of TIF revenues was previously authorized in the November 3, 2020 DDA election (ballot question B). •Council approval of the final Downtown Plan is now required to activate the EDDA collection and expenditure of TIF revenues from specific subdistricts. •In addition, the EDDA needs the voter-approved debt authorization to enter into multi-year fiscal obligations to implement multi-year services contracts and public improvement projects. •Voter approval of the debt authorization measure would also allow the EDDA to issue bonds secured by these TIF revenues, subject to Council approval of individual bond issues and the projects receiving bond funding. 4. Debt Authorization Ballot Measure – cont. 14 Page 37 of 518 •Future EDDA bonds would notconstitute City debt nor impact the City’s debt rating. •These bonds would not increase taxesor create financial risks for Englewood residents, inside or outside of the EDDA boundaries. •Voter approval is required to authorize multi-year fiscal obligations of the EDDA -even if the Council never approves the later issuance of EDDA bonds. •These multi-year fiscal obligations include the anticipated loan agreement between the City and the EDDA to facilitate the repayment to the City of the operating funds advanced to the EDDA ($150,000 in first year). 4. Debt Authorization Ballot Measure – cont. 15 Page 38 of 518 16 4. Debt Authorization Ballot Measure – cont. Tax Increment Financing Overview Page 39 of 518 •In 2020, Council considered amounts between $40 million and $150 million and selected $80 million for the ballot measure. •Since this is the number previously discussed with the electors, $80 million is recommended for the 2021 ballot. •The ballot language will also include the separate TABOR-required full-cost figure of approx. $216.5 million (includes 30 years interest on full amount). •Following slides show illustrative public improvements and uses of potential EDDA bond financing. 4. Debt Authorization Ballot Measure – cont. 17 Page 40 of 518 4. Debt Authorization Ballot Measure – cont. 18 Illustrative EDDA Projects and Investments Page 41 of 518 4. Debt Authorization Ballot Measure – cont. 19 Debt Authorization Example for Illustrative Projects •Large infrastructure projects are traditionally expensive and difficult to finance •Greater debt authorization provides flexibility •Debt authorization does not obligate DDA to take on this level of debt or specific projects (this is pre-pre-approval) Illustrative Uses / Projects Description $80M Authorization Improvements Sub - Area DDA Multi-year Contract 10,000,000 S Broadway Alley Improvements / Crosswalks / Trees S. Broadway Bond Issue Principal 35,000,000 Parking / Streetscapes / Piazza Improvements City Center DDA Multi-year Contract 10,000,000 Old Hampden Streetscapes / ROW Improvements Wellness District DDA Multi-year Contract 10,000,000 Englewood Pkwy & Public Infrastructure Improvements City Center Multiple Agreements (Grant / Reimbursement) 5,000,000 Façade Improvements on South Broadway and Old Hampden S. Broadway & Wellness District Future Opportunities 10,000,000 Yet to be identified opportunities Downtown Area Remaining Capacity 0 Page 42 of 518 4. Debt Authorization Ballot Measure – cont. 20 Key Council Considerations for Debt Authorization Ballot Measure Do nothing •EDDA remains unauthorized to enter into multi-year fiscal obligations for ordinary operations & projects. •EDDA will lack voter authorization to use tax increment to potentially issue future TIF-backed bonds. Put the measure on the 2021 EDDA ballot and let the qualified electors decide •If approved by voters, the EDDA’s capacity and efficiency to carry out ordinary operations & projects will be substantially enhanced. •If approved by voters, EDDA will have “pre-pre-approval” for TIF-backed bonds, subject to later EDDA Board and Council approvals of bond issues andrecipient projects. •TIF-backed EDDA bonding will be required to jump-start the needed redevelopment of CityCenter, to the benefit of all of downtown. Page 43 of 518 Next Steps and Questions 21 EDDA 2021 Budget •July 6, 2021 –Council approval by motion IGA between the EDDA and City of Englewood •July 6, 2021 –Ordinance first reading •July 19, 2021 –Ordinance second reading Downtown Plan •TBD –Council approval by resolution EDDA Election Debt Authorization Ballot Measure (for November 2, 2021 EDDA election) •July 6, 2021 –Ordinance first reading •July 19, 2021 –Ordinance second reading Page 44 of 518 STUDY SESSION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: June 21, 2021 SUBJECT: 2022 Budget Workshop Part II DESCRIPTION: 2022 Budget Workshop - Discuss Staff's Preliminary Personnel, Operational and Capital Requests RECOMMENDATION: 1) Advise Staff to move forward with all or a portion of Operational Requests. 2) Advise Staff to move forward with all or a portion of Capital Requests. 3) Provide guidance to Staff regarding other 2022 budget considerations. PREVIOUS COUNCIL ACTION: • On March 15, 2021, Staff presented a 2021 Budget Review providing a high level explanation of the City's sources and uses of funds as well as an overview of the 2022 City Council Budget Calendar. • At the April 5, 2021 City Council Study Session, Staff provided the preliminary 2022 revenue and expenditures forecast assumptions for 2022 through 2026. • During the May 3, 2021 Study Session, Staff discussed the department's prioritized Tier 1 capital projects list included in the 2022-2026 Capital Improvement Plan • Within the June 14, 2021 Study Session, Staff discussed several department's 2022 priorities/initiatives and preliminary program operational and capital requests for inclusion in the proposed 2022 Budget SUMMARY: 2022 Budget Workshop: Staff and City Council will discuss and consider at the second of two scheduled meetings (June 14th and June 21st) each of the department's 2022 priorities/initiatives and preliminary program operational and capital requests for inclusion in the proposed 2022 Budget. Department Presentation Schedule June 14, 2021 - Part I June 21, 2021 - Part II Administration City Attorney's Office Municipal Court Finance Human Resources Public Works Information Technology Parks, Recreation, Library and Golf Community Development South Platte Renew Page 45 of 518 Communications Utilities Police ANALYSIS: Each department will present and discuss key initiatives and any proposed changes for Council consideration. This information will be used to prepare detailed line item budgets for each department to be provided to Council as part of the budgeting calendar. Council is being asked to consider the advantages and challenges of options for funding the City of Englewood's short and long term estimated capital needs, including proposed capital plans for the stormwater drainage system, water plant and distribution system, sewer collection system and the South Platte Renewal (SPR) Enterprise Fund. Staff provided the preliminary Capital Improvement Plan to Council during the May 3, 2021 Study Session. As we progress through the 2022 Budget process, Staff will provide the formal Capital Improvement Plan to be included in the final budget documents prior to Council's formal approval. During the May 3, 2021 capital discussion, Staff focused on Tier 1 projects considering the limited amount of funding available (approximately $5 million) in 2022. During the 2022 Budget Workshop discussion, additional projects will be discussed and Staff will seek Council's guidance regarding the inclusion of these projects. On May 4th, Staff presented the Tier 1 projects to the Planning and Zoning Commission (Commission). Attached is the Commission's June 2nd memo to the City Manager of the their capital projects recommendation. The City is in the early stages of developing the budget and looks forward to Council's input regarding all of the operating and capital requests put forth. CONCLUSION: City Council's input and guidance from the City Council 2022 Budget Workshop will shape the proposed 2022 Budget. Staff will prepare line item detailed budgets over the next couple months and will share updated 2022 Budget information with Council later this summer per established calendar. FINANCIAL IMPLICATIONS: City Council's input and feedback regarding the department's operational and capital requests will impact the development of the proposed 2022 Budget. CONNECTION TO STRATEGIC PLAN: The 2022 Budget Workshop discussing key initiatives and any proposed changes for Council consideration supports the Governance results/outcomes of the Strategic Plan. OUTREACH/COMMUNICATIONS: Staff has not undertaken specific outreach/communication work regarding the budget, but is open to Council suggestions in this area. ATTACHMENTS: 2022 Budget Workshop Part II Presentation Memo from Planning & Zoning Commission Dated June 2, 2021 Page 46 of 518 2022 Budget Workshop Part II June 21, 2021 Page 47 of 518 I. City Attorney’s Office II. Finance III. Public Works VI. Parks, Recreation, Library, and Golf V. South Platte Renew VI. Utilities Agenda -Department Presentations Page 48 of 518 I. City Attorney’s Office Page 49 of 518 1.Provide high-quality legal services to the City, including City Council, City Departments, Boards and Commissions, and elected/appointed officials. 2.Provide legal services in an efficient and cost-effective manner through appropriate staffing. 3.Ensure prosecution in Municipal Court proceeds seamlessly during the City Prosecutor’s Paid Time Off. Goals of Enhancements Page 50 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Increase Legal Expense line item for outside legal fees in employment matters (previously paid through a $60,000 line item in Human Resources budget, plus an additional 10 percent for annual increases in outside counsel rates). +$66,000 $ Increase Legal Expense line item by 10 percent to budget for annual increases in outside counsel rates. +$10,000 $ Continues on next page Page 51 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Continued from previous page Description +/-Ongoing One Time Increase Temporary Wages line item for a prosecuting attorney in Municipal Court, to provide coverage during City Prosecutor’s scheduled Paid Time Off (increases by 40 hours in 2021). +$6,000 $ Reinstate past practice to utilize summer legal intern(s) to complete legal research and special projects as requested by City departments. +$10,000 $ Totals +$92,000 $0 Page 52 of 518 New Personnel Requests Title Salary & Benefits Division Rationale Legal Intern(s)$35/hour (anticipated, depending on market rate) 02-0301 Legal interns provide cost-effective non-complex legal research and complete legal projects for the City, while receiving an invaluable educational opportunity and resume enhancement. The City Attorney’s office has a history of employing such legal interns, and this was previously budgeted as Part-time Employee Wages. No amount was budgeted for 2021 for Part-time Employee Wages.Page 53 of 518 Operational Cost Requests Description Amount Division Rationale Outside legal services $66,000 02-0301 Provide legal services to Human Resources for personnel issues (previously budgeted through Human Resources). Outside legal services $10,000 02-0301 Increase of 10 percent to pay City’s outside counsel, to account for annual rate increases. Temporary Prosecuting Attorney $ 6,000 02-0301 Fund a temporary prosecuting attorney to prosecute during City Prosecutor’s increased Paid Time Off (additional Paid Time Off accrual pursuant to City employment policies)Page 54 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Not Applicable Page 55 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain -ability Transpor- tation Govern- ance Total Outside Legal Services %%%%%%100%100% Interns %%%%%%100%100% Backup Prosecutor %%%50%%%50%100%Page 56 of 518 2022 Capital Requests Fund Capital Item Request Amount -$ -$ -$ NONE -$ -$ -$ -$ -$ -$ -$ TOTAL -$ Page 57 of 518 Questions Page 58 of 518 II. Finance Department Page 59 of 518 1.Reposition the Finance Department as Financial Advisor and Project Partner to other city departments. Create capacity to support organization-wide financial activities and interdepartmental projects. Provide assistance in processing and monitoring anticipated increased volume of city-wide financing, grants and capital projects transactions. Provide financial and variance analysis across all departments and funds. Centralize financial reporting for the Finance Department. Continue cross training for vital roles and responsibilities and prepare for succession planning. 2.Ensure the City is in compliance with the Governmental Accounting Standards Board (GASB) accounting principles and auditing procedures. Implement GASB 87 new lease standard for entire City. Goals of Enhancements Page 60 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Staff Accountant (1 FTE)+$93,000 $ Budget/Financial Analyst (1FTE)+$110,000 $ Accounting Firm YE Support +$22,000 $ GASB 87 Implementation +$$25,000 Financial Advisory Fees +$10,000 $ Wage Compression Adjustment +$20,000 $ Training Videos +$$10,000 +$$ Totals +$255,000 $35,000 Page 61 of 518 New Personnel Requests Title Salary & Benefits Division Rationale Accountant (1 FTE) $93,000 Accounting (90%) and Revenue (10%) Need for back-up and cross training in the following areas: •Accounting, reporting, and reconciling for grants, city-wide projects,and the sales & use taxes •Preparing the Comprehensive Annual Financial Report •Supporting Central Cashiering function •Providing additional day-to-day technical accounting support to all departments Budget/Financial Analyst (1 FTE) $110,000 Budget (90%) and Accounting (10%) Need for back-up and cross training in the following areas: •Providing monthly financial and variance analysis across all departments and funds •Centralizing financial reporting •Supporting Budget Administrator during the annual budget process •Preparing the annual budget documents •Acting as TNW Annual Budget system administrator Page 62 of 518 Operational Cost Requests Description Amount Division Rationale GASB 87 Implementation $25,000 Accounting This is a new standard that we need to implement by the end of 2022.It encompasses all departments and requires a substantial time commitment as well as intensive training.Implementing this internally requires existing staff’s time. Accounting Firm for YE audit assistance $22,000 Accounting 1. The stand-alone reports will be prepared by the accounting firm, such as pension and Single Audit, so the key accounting staff can focus their efforts to support city-wide grants and multiple capital projects. 2.The accounting firm can assist the finance team to develop Robotic Process Automation (RPA) to cut the cost and time taken to perform mundane but necessary tasks. Training Videos $10,000 Accounting Procurement Training videos for general ledger reporting, budget reporting, TNW inquires, new revenue collections, accounts payable,and pcard, Purchase Orders (POs), basic contracts etc. Wage Compression $20,000 Revenue and others as applicable To further develop the sales and use tax team, we need to create a senior level position to promote existing staff for professional development and take on additional duties.Page 63 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale License fees increase Between $70,000 and $100,000 We are in the process of researching these fees with other jurisdictions. Business occupational tax We are in the process of researching this tax with other jurisdictions. Marijuana sales tax We are not planning to increase the sales tax rate for marijuana sales due to competition from other municipalities in close proximity. Enforcement of Universal Business Licensing Estimated at $100,000 The Amnesty will expire on July 1st. We plan to enforce this license with all business when fully staffed. Page 64 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Staff Accountant (1 FTE)%25%%%%%75%100% Budget/Financial Analyst (1 FTE)%%%%%%100%100% Complete the 2021 GASB 87 Implementation %%%%%%100%100% Accounting Firm YE financial audit assistance %%%%%%100%100% Work with Communications to develop Finance process training videos %%%%%%100%100%Page 65 of 518 2022 Capital Requests Fund Capital Item Request Amount -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL -$ Page 66 of 518 Questions Page 67 of 518 III. Public Works Page 68 of 518 1.Operational Efficiency 2.Asset Management Support 3.Staff Retainage Goals of Enhancements Page 69 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Salary adjustments-staff retainage +$$8,000 Additional Traffic Division resources +$95,000 $ One (1) part-time personnel-Streets Division +$22,000 $ Survey equipment +$$10,000 Four (4) tandem truck upgrades +$$80,000 Annual Traffic Count Program +$16,000 $ Records Conversion +$$8,500 General Fund (02) Totals +$133,000 $106,500 Page 70 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Vacuum truck replacement (net increase)+$$77,900 Stormwater Impervious Study +$$35,000 Stormwater Drainage Fund (42) Totals +$0 $112,900 Page 71 of 518 New Personnel Requests Title Salary & Benefits Division Rationale Salary adjustments $8,000 02-1002 Existing engineering staff will obtain their Professional Engineering licensure & other market-related adjustments are needed to retain hard-to-recruit engineering positions Additional resources for Traffic Division $85,000 02-1004 Evaluation of staffing needs within the Traffic Division is still underway. Placeholder for either one additional Traffic Signal Technician or additional contract resources to provide support for necessary, on-going infrastructure maintenance One (1) part-time, seasonal position $22,000 02-1003 One (1) additional part-time position in the Streets Division. Assumes approximately 1,000 hours at $20.00/hour or, approximately 6 months in duration Page 72 of 518 Operational Cost Requests Description Amount Division Rationale Annual Traffic Count Program $16,000 02-1004 Annual allocation to collect traffic & speed counts in key locations throughout the city, on a 3-year cycle, in order to analyze changes in volumes & speeds. Records Conversion $8,500 02-1005 One-time increase to electronically scan facilities plan documents and public infrastructure documents, in accordance with the records retention schedule. This is also needed for emergency management readiness. Stormwater Impervious Study $35,000 42-1001 One-time cost to perform an impervious area assessment of commercial and industrial properties and verify accuracy of stormwater rate accounting for these properties.Page 73 of 518 2022 Capital Requests Fund Capital Item Request Amount 02-1002 (Engineering)Survey equipment $10,000 02-1003 (Streets)Four (4) tandem truck upgrades (from single axle to dual axle) $80,000 42 (Stormwater)Vacuum truck replacement (net increase)*$77,900 *Inadequate funding has been collected in the CERF account to replace this piece of equipment. It has been used much more extensively over the past 1-1/2 years to clean the storm sewer system and therefore is in need of replacement. Maintenance costs to date are $47,198.00 or 30.8% of the original acquisition cost. The estimated replacement cost is $250,000. The cost shown above is the additional cost required to replace the equipment above the $172,132 collected, to date, in CERF. Page 74 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Stormwater Utility Fee $12.93/ quarter $477,000 Increase quarterly residential rate to $43.74 per quarter for residential properties and $0.0365 per square foot for commercial and industrial properties, in accordance with the 2019 Stormwater Rate Study. Overtime Inspection Fee $100/hour; min of 2 hrs $7,500 Fee to cover inspections occurring after business hours or on weekends. Revenue would offset inspector overtime costs.Page 75 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Salary adjustments-staff retainage %50%%%%%50%100% Additional Traffic Division Resources %50%%20%%30%%100% PT personnel-Streets Division %50%%%%50%%100% Survey equipment %100%%%%%%100% Tandem Truck Upgrades %50%%20%10%20%%100% Annual Traffic Count Program 20%%%%%80%%100% Records Conversion %40%%30%%%30%100%Page 76 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Vacuum Truck Replacement %80%%10%10%%0%100% Stormwater Impervious Study %80%%%%%20%100%Page 77 of 518 Questions Page 78 of 518 IV. Parks, Recreation, Library and Golf Page 79 of 518 1.Assistant City Forester will oversee the Community Forestry Program, EAB impacts to the community and assist with the management of our public trees. 2.Parks Detail Crew will address visual details and improve the appearance of Englewood parks and the community in general. 3.Hazardous Material Cleanup of public spaces. Provide protection to Englewood staff by bringing in a contract certified professional to clean up hazardous waste left behind in homeless encampments. Goals of Enhancements Parks Page 80 of 518 1.Recreation Supervisor –Front Desk ERC Improve general management of the ERC and staff, facility rentals, scholarship program, programming youth general/athletics. Provide oversight including Point of Sale software and guest services trainer and onboarding. 2.Guest Service Supervisor Increase customer engagement and safety coverage of the ERC. Previous years there were five supervisors, currently there are only two. 3.Recreation Communications Coordinator, PT Events Assistant and additional event funding: Upgrade and improve the overall service delivery of the events division. a)Improve: volunteer management, logistics, event support, vendor licensing, website and microsites management, Citizen Magazine coordination and social media, communications and marketing. b)Proposed positions: Current Recreation Communications Coordinator move to a full time FTE. Add a seasonal 29.9 hour a week position: Part time Events Assistant for event management. 4.Child Care Program Director Part-Time Increase year round care for school age children with before and after school programming, school days off and holiday break. This position will bring in additional revenue related to the Licensed Child Care program. Current programming is limited to summer camps. Goals of Enhancements Recreation Page 81 of 518 1.Enhance the safety of the Aquatic environment by adding a Full Time Aquatics Coordinator during the evening and weekends at the ERC swimming pool. 2.Begin a succession plan for Pirates Cove by promoting the Aquatic Coordinator to the Supervisor position to learn overall operations and increase the safety level. Goals of Enhancements Aquatics 1.Improve literacy of Englewood youth by expanding the summer reading and programming budget. 2.Create a cost savings by bringing security personnel in house vs. contracted to improve safety through consistent enforcement of rules and same staff member each day, improve customer service by knowing returning patrons, and effectiveness of overall safety in the library. Library Page 82 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary -Parks Description +/-Ongoing One Time Assistant City Forester +$75,350 $35,000 Parks Supervisor Salary Adjustment +$$14,300 Parks Detail Crew +$53,000 $ Community Forestry Program (Repurpose Emerald Ash Borer PIF Project $50k-Grants to Residents) +$$ Hazardous Materials Cleanup +$50,000 $ Kee Walk (Golf Course Club House)+$$21,000 Parks Subtotals +$178,350 $70,300 General Fund (02)Totals +$178,350 $49,300 Golf Course Fund (43) Totals +$0 $21,000Page 83 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary –Recreation Description +/-Ongoing One Time Recreation Communications Coordinator to FTE (current PT)+$27,000 Add 1 Guest Service Supervisor ERC (FTE)+$35,000 Add 1 Child Care Program Director (PT)+$32,000 Add 1 Recreation Supervisor (FTE)+$65,000 Decrease 1-20 hr. position ERC guest services with addition of Guest Service Supervisor if approved -($15,000) Add 1 Event assistant (PT-Seasonal)+$12,064 ERC & MRC PT Minimum Wage and Compression Adjustment Guest Services +$14,748 Special Event Increase +$35,000 Recreation Subtotals +$220,812 ($15,000)Page 84 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary -Aquatics Description +/-Ongoing One Time Promote Pirates Cove Aquatic Coordinator to the Supervisor level +$4,345 Add 1 FTE Aquatic Coordinator to ERC Aquatics +$61,368 Pirates Cove Seasonal/PT Minimum Wage and Compression adjustment +$50,600 ERC Aquatics PT Minimum Wage and Compression adjustment (Recreation GL) +$9,500 Decrease one PT position ERC Aquatics with addition of FTE Coordinator position if approved -($28,080) Aquatics Subtotals +$121,468 ($23,735)Page 85 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary -Library Description +/-Ongoing One Time G4S Security contract (discontinue; security responsibility moves in-house) -($58,000) Increase to Regular Employees Salaries and Wages (funding in-house Security Associate) +$38,000 Increase to Regular Employees Benefits (funding in-house Security Associate) +$14,000 Increase to Children’s Programs +$2,000 Library Subtotals +$54,000 ($58,000)Page 86 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary -PRLG Description +/-Ongoing One Time Parks +$178,350 $49,300 Recreation +$220,812 ($15,000) Aquatics +$121,468 ($23,735) Library +$54,000 ($58,000) General Fund (02) Totals +$574,630 ($47,435) Golf Course Fund (43) Totals +$0 $21,000 Page 87 of 518 New Personnel Requests -Parks Title Salary & Benefits Division Rationale Assistant City Forester $75,350 Parks Request is for a person to administer the Community Forestry Program and manage the urban forest on City owned properties and parks. Parks Detail Crew $53,000 Parks Address visual details and improve the appearance of Englewood parks and the community in general. 3 seasonals and current FTE Page 88 of 518 New Personnel Requests -Recreation Title Salary & Benefits Division Rationale Guest Service Supervisor $ 50,750 Recreation Maintain and increase customer engagement at Recreation Center and increase safety with FT supervisor with supervisory and safety skillset. Staffing model is for 4 GSS’s at ERC. Current staffing is 2. Full time positions as opposed to part time, brings in a higher skill set of applicants that can handle conduct issues, cash handling, people experiencing homelessness, special needs and respond appropriately in a leadership role. Child Care Program Director $ 34,000 Recreation This Part time -29.9hrs year-round position has revenue directly related to the Licensed Child Care program and would meet the needs of the community to provide out of school care. Without the year round position licensed year round child care would not be possible with current staffing levels. Anticipated revenue increase is $88,000. Recreation Supervisor $ 94,250 Recreation Currently Recreation Supervisors manage the facilities and are assigned programming duties. No substantial growth in increasing recreation programs can occur without an added Supervisor. Increased revenue within youth programming, community rentals/programs and fitness/athletic programs could be increased. Events Assistant seasonal $14,899 Recreation Increase and enhance customer service through event planning and on site support. Currently, there are over a dozen large City events and one Supervisor. This proposed position is 6 months-seasonal. Page 89 of 518 New Personnel Requests -Aquatics Title Salary & Benefits Division Rationale Aquatic Supervisor $58,000 Pirates Cove Promote current coordinator to supervisor for succession planning, safety and to learn full operations of Pirates Cove. Benefits already in place due to position change. Aquatic Coordinator $61,638 Aquatics To maintain/increase safety at the ERC swimming pool by maintaining supervision during evenings and weekends Page 90 of 518 Operational Cost Requests Description Amount Division Rationale Parks Supervisor Salary Adjustment $14,300 Parks Pay inequity correction related to the Employers Council compensation study and subordinate staff that currently make more. Hazardous Materials Cleanup $50,000 Parks Contract-HazMat mitigation –parks and public spaces Training $3,000 Recreation Guest Services training for ERC and Malley Special Event Enhancements $35,000 Events Current event budget is $70,000. Additional funds will help improve events with additional elements. Such as entertainment, lighting, rentals, etc. Total event budget $105,000 Page 91 of 518 Operational Cost Requests Description Amount Division Rationale Pool Chemicals $1,000 Aquatics Manufacture price increase Pool Chemicals $6,400 Pirates Cove Manufacture price increase Training $1,500 Aquatics Aquatic Training courses, Certifications, Conference expense moving from Rec Admin Training $3,000 Pirates Cove Aquatic Training courses, Certifications, Conference expenses moving from Rec Admin Children's Programs $12,000 ($2,000 increase) Library Summer Reading performers have relied on SCFD funding for the past several years. We have learned that SCFD funding should not be used for primarily public library events, so we would like to start budgeting for this using the normal budgetary process and reallocate the SCFD grant funds to non-library City events. Page 92 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Pirates Cove Admission Fee $1.00 $75,000 Admission price was last increased in 2019. Increase will cover minimum wage increase and compression and stay competitive with Metro Denver Waterparks Learn to swim classes $.50/ lesson $4,000 Prices were last increased in 2019. The increase will keep us in-line with other Metro Area Recreation Department swim classes.Page 93 of 518 Alignment with Strategic Plan-Parks Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Parks Detail Crew 30%10%%10%40%%10%100% Assistant City Forester 30%%%30%30%%10%100% Hazardous Materials Cleanup 10%%%70%%10%10%100% Kee Walk (Golf Clubhouse)%50%%50%%%%100%Page 94 of 518 Alignment with Strategic Plan-Recreation Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Recreation Communications Coordinator 30%%20%%%%50%100% Guest Services Supervisor %%10%30%%%60%100% Child Care Program Director 10%%10%50%%%30%100% Recreation Supervisor %%20%20%%%60%100% Seasonal Events Assistant 30%%20%10%%%40%100%Page 95 of 518 Alignment with Strategic Plan-Aquatics and Library Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total ERC Aquatics Coordinator position %%%100%%%%100% Increased Children’s Programming Budget -Library 100%%%%%%%100% Transition G4S Security Contract to in-house staff 25%%%75%%%%100%Page 96 of 518 2022 Capital Requests Fund Capital Item Request Amount General Pickup Truck 30,000$ Golf Course Kee Walk for Clubhouse Roof 21,000$ -$ -$ -$ -$ -$ -$ -$ -$ TOTAL 51,000$ Page 97 of 518 Questions Page 98 of 518 V. South Platte Renew Page 99 of 518 1.Financial Sustainability 2.Colorado Department of Public Health & Environment (CDPHE) Regulation 85 Requirements 3.Infrastructure Repairs and Asset Replacement 4.Innovation / Partnerships Goals of Enhancements Page 100 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time General market increases for operating expenses +$18,000 $ Totals +$18,000 $0 Page 101 of 518 New Personnel Requests Title Salary & Benefits Division Rationale No new FTEs Page 102 of 518 Operational Cost Requests Description Amount Division Rationale N/A Page 103 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Rate or Fee Changes will be addressed through the Cities of Littleton and Englewood Page 104 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Econom y Safety Sustain- ability Transpor- tation Govern- ance Total Financial Sustainability %50%50%%%%%100% Colorado Department of Public Health & Environment (CDPHE) Regulation 85 Requirements %50%%%25%%25%100% Infrastructure Repairs and Asset Replacement %100%%%%%%100% Innovation / Partnerships %50%25%%25%%%100%Page 105 of 518 2022 Capital Projects Requests Fund Capital Item Request Amount South Platte Renew Building Infrastructure Repairs 250,000$ South Platte Renew Chem-P/UV Improvements 11,000,000$ South Platte Renew Solids Enhancement Project 250,000$ South Platte Renew Denite Asset Renewal 107,000$ South Platte Renew Headworks Improvements 160,000$ South Platte Renew O&M Complex 490,000$ South Platte Renew Operational Improvements 400,000$ South Platte Renew Study / Pilot Test Program 963,000$ South Platte Renew VFD and MCC Replacement Projects 107,000$ South Platte Renew Dewatering Asset Renewals 1,365,000$ TOTAL 15,092,000$ Page 106 of 518 2022 Capital Equipment Requests Fund Capital Item Request Amount South Platte Renew Vehicles 150,000$ South Platte Renew Operating Machinery and Equipment 160,000$ South Platte Renew Computer Hardware 75,000$ Capital Equipment Total 385,000$ Capital Projects Total 15,092,000$ TOTAL 15,477,000$ Page 107 of 518 Questions Page 108 of 518 VI. Utilities -Sewer Fund Page 109 of 518 1. Staffing Additional in-house resources to support programmatic operations improvements and CIP project delivery 2. Asset Management Continue annual renewal programs for critical assets 3. South Platte Renew Funding Adequately fund SPR capital improvements Goals of Enhancements Page 110 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Engineer I (0.1 FTE split with Water Fund)+$12,000 $ Cogsdale Utility Billing System (0.6 of total)+$$180,000 Totals +$12,000 $180,000 Page 111 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Sewer Connection Fee 2.7%$379,000 Adjustment for cost escalation from the Engineering News Record Construction Cost Index average 5-year change Sewer Rates 4.5%$20,400,000 Rate increases needed to execute Capital Improvement Plan over next 10 years and meet minimum required Sewer Fund balance Connector District Multiplier 1.05 to 1.2 $2,200,000 Alignment with industry guidance Page 112 of 518 New Personnel Requests Title Salary & Benefits Division Rationale Engineer I $12,000 Engineering (0.1 FTE Sewer Fund) Project management for CIP delivery Page 113 of 518 Operational Cost Requests Description Amount Division Rationale N/A Page 114 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total South Platte Renew Funding %50%%%50%%%100% Asset Management %50%%%25%%25%100%Page 115 of 518 2022 Capital Requests –Sewer Fund Fund Capital Item Request Amount Sewer Enterprise Fund Collection improvements $300,000 Sewer Enterprise Fund 50% Share in SPR capital projects $7,738,500 TOTAL $8,038,500 Page 116 of 518 Questions Page 117 of 518 VI. Utilities -Water Fund Page 118 of 518 1. Taste, Odor and Hardness Improve water aesthetics for Englewood customers 2. Staffing Additional in-house resources to support programmatic operations improvements and CIP project delivery 3. Lead Service Lines Replace lead services 4. Metering Convert flat rate customers to metered service and replace old and inaccurate commercial meters Goals of Enhancements 5. Asset Management Continue annual renewal programs for critical assets 6.Water Resources Resiliency and Quality Maximize raw water supply yield and quality 7. Electric and Control Systems Modernize outdated system and automate manual processes Page 119 of 518 Personnel & Operation EnhancementsIncrease(+) / Decrease(-) Summary Description +/-Ongoing One Time Water Operations Superintendent (1 FTE)+$155,000 $ I&C Manager (1 FTE)+$155,000 $ Engineer I (0.9 FTE split with Sewer Fund)+$108,000 $ Cogsdale Utility Billing System (0.3 of total)+$$90,000 Totals +$418,000 $90,000 Page 120 of 518 Proposed Fee/Rate Increases Fee/Rate to be Changed Proposed Increase Projected Annual Revenue Rationale Water Connection Fee 2.7%$979,000 Adjustment for cost escalation from the Engineering News Record Construction Cost Index average 5-year change Water Rates 4.5%$8,900,000 Rate increases needed to execute Capital Improvement Plan over next 10 years; includes Capital Improvement Fee Page 121 of 518 New Personnel Requests Title Salary & Benefits Division Rationale Water Operations Superintendent $155,000 O&M Manages operation of the Allen WTP, raw water system, and maintenance of the plant and pump stations. I&C Manager $155,000 Engineering Project management and O&M support for electrical, instrumentation, and control improvements at Allen WTP and remote facilities Engineer I $108,000 Engineering (0.9 FTE Water Fund) Project management for CIP delivery Page 122 of 518 Operational Cost Requests Description Amount Division Rationale Water main repair $250,000 O&M Urgent water main repair Tree and vegetation removal $150,000 O&M Maintain flow and accessibility to City Ditch Electrical $50,000 O&M As-needed electrician support at Allen WTP and remote pumping facilities Page 123 of 518 Alignment with Strategic Plan Proposed Enhancements Neigh- borhoods Infra- structure Economy Safety Sustain- ability Transpor- tation Govern- ance Total Water taste, odor, and hardness %75%%%25%%%100% Asset Management %50%%%25%%25%100% Lead service line replacement %75%%25%%%%100% Flat rate to meter conversion %75%%%25%%%100% Electrical and Control Systems %100%%%%%%100%Page 124 of 518 2022 Capital Requests –Water Fund Fund Capital Item Request Amount Water Enterprise Fund Raw Water Supply Improvements $500,000 Water Enterprise Fund Meter Improvements $841,000 Water Enterprise Fund Lead Service Line Replacement $500,000 Water Enterprise Fund Hampden Avenue Transmission Line $250,000 Water Enterprise Fund Allen WTP Process Improvements $1,500,000 Water Enterprise Fund Electrical and I&C -Allen WTP $1,500,000 Water Enterprise Fund Pump Station Improvements $1,000,000 Water Enterprise Fund Big Dry Creek Diversion Project $500,000 Water Enterprise Fund Annual Water Line Improvements $2,100,000 Water Enterprise Fund Communication Upgrades $1,400,000 Water Enterprise Fund Annual Valve Replacement $200,000 Water Enterprise Fund Operations Complex $500,000 TOTAL $10,791,000 Page 125 of 518 Questions Page 126 of 518 General Fund 2022 Enhancement Requests Summary Department +/-Ongoing One Time Administration +$103,000 $9,000 Municipal Court +$101,500 $0 Human Resources +$358,000 $35,000 Information Technology -($177,915)$0 Community Development +$0 $271,000 Communications +$112,000 $0 Police (revised $6,500 for Victim Advocate Program)+$298,423 $0 City Attorney’s Office +$92,000 $0 Finance +$255,000 $35,000 Public Works +$133,000 $106,500 Parks, Recreation, Library and Golf +$574,630 ($26,435) General Fund (02) Totals +$1,849,638 $430,065 Page 127 of 518 Golf Course, Stormwater, Sewer and Water Funds 2022 Enhancement Requests Summary Department +/-Ongoing One Time Golf Course Fund (43)+$0 $21,000 Stormwater Drainage Fund (42)+$0 $112,900 Sewer Fund (41)+$12,000 $180,000 Water Fund (40)+$418,000 $90,000 Other Funds Totals +$430,000 $403,900 Page 128 of 518 2022 Operating Capital Requests Summary Department +/-Ongoing One Time Parks, Recreation, Library and Golf (PRLG)+$$30,000 General Fund (02) Totals +$0 $30,000 PRLG -Golf Course Fund (43)+$0 $21,000 Public Works -Stormwater Drainage Fund (42)+$0 $77,900 Utilities -Sewer Fund (41)+$0 $192,500 Other Funds Totals +$0 $291,400 Page 129 of 518 TO: Shawn Lewis, City Manager Jackie Loh, Finance Director Jennifer Nolan, Budget Administrator THRU: Brad Power, Community Development Director FROM: Wade Burkholder, Planning Manager DATE: June 2, 2021 SUBJECT: Planning and Zoning Commission CIP recommendation The Planning and Zoning Commission at its regular meeting on May 18, 2021 unanimously recommended the following Capital Improvement Projects for inclusion in the 2022 budget. Englewood P&Z Public Improvement Fund and Capital Projects Fund Tier 1 Priority Project Recommendations Project Name Funded Public Improvement Fund Parks and Rec Parking Lot Maintenance $60,000 Road and Bridge $300,000 Concrete Utility City Share $325,000 Signal Equipment Upgrade/Replacement $150,000 Concrete Program Accessible Ramps $305,473 Alley Maintenance $300,000 Pavement Maintenance by Area $1,500,000 Floyd & Elati Intersection Improvements $350,000 Traffic Sign Inventory $40,000 W. Dartmouth Traffic Calming $135,000 Total PIF $3,465,473 Capital Improvement Fund Network Development IT $150,000 PC Replacement IT $90,000 Fiber Network $300,000 Page 130 of 518 2 Englewood P&Z Public Improvement Fund and Capital Projects Fund Tier 1 Priority Project Recommendations Emerald Ash Borer Mitigation $50,000 Facilities and Operations $844,500 ADA Compliance Projects $100,000 Art $15,345 Total CPF $1,534,527 Total PIF & CPF $5,000,000 Projects prioritized as Tier 1 by Department Directors within the Conservation Trust Fund, Open Space Fund, Storm Water Drainage Fund, Golf Course Fund, Concrete Utility Fund and the Service Center Fund were also presented and discussed. As each of these Funds have dedicated revenue sources, the Planning and Zoning Commission did not make any changes to the recommended projects within these Funds. The Planning and Zoning Commission expressed their appreciation for the opportunity to review the Multi-Year Capital Improvement Plan for the City of Englewood. Page 131 of 518 MINUTES City Council Regular Meeting Monday, June 7, 2021 Teleconferenced 6:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 6:02 p.m. 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 Rita Russell Council Member Steven Ward Council Member Cheryl Wink - attended virtually COUNCIL ABSENT: Council Member Dave Cuesta Council Member Joe Anderson STAFF PRESENT: City Manager Lewis Assistant to the City Manager Dodd City Attorney Niles City Clerk Carlile Deputy City Clerk McKinnon Director of Parks, Recreation, Library, and Golf Underhill Director of Finance Loh Director of Community Development Power Director of Public Works D'Andrea Interim Director King, Information and Technology Division Chief Fender, Police Manager of Open Space Lee, Parks, Recreation, Library, and Golf Redevelopment Manager Poremba, Community Development Capital Project Manager Hoos, Public Works Capital Project Engineer Keener, Public Works Senior Planner Vorboril, Community Development Network Administrator Hunnicutt, Information Technology Page 1 of 9 Draft Page 132 of 518 City Council Regular June 7, 2021 Officer Hume, Police Department 4 Study Session Topic a) Director of Public Works Maria D'Andrea was present to discuss the City and County of Denver's proposal to install on-street bike lanes on Zuni Street, between Dartmouth and Jewell Avenues. b) Director of Public Works Maria D'Andrea was present to discuss a property owner's request to pave their alley. c) Redevelopment Manager Dan Poremba and Senior Planner John Vorboril were present to discuss updates on the rezoning process. d) Assistant to the City Manager Tim Dodd was present to discuss whether to add responsibilities to Keep Englewood Beautiful regarding sustainability efforts. 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of May 17, 2021. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY 17, 2021. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 5 0 0 Motion CARRIED. 6 Appointments, Communications, Proclamations, and Recognition a) Mayor Olson introduced the new City Attorney Tamara Niles. b) Resolution appointing members to various boards, committees, and commissions and a discussion for current vacancies. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward RESOLUTION NO. 26, SERIES OF 2021 Page 2 of 9 Draft Page 133 of 518 City Council Regular June 7, 2021 A RESOLUTION APPOINTING MEMBERS TO BOARDS, COMMISSIONS AND COMMITTEES FOR THE CITY OF ENGLEWOOD, APPROVED AS AMENDED. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 4 1 0 Motion CARRIED. c) Proclamation celebrating June as Pollinator Month Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra A Proclamation Declaring June as Pollinator Month. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell x Steven Ward x Cheryl Wink (Moved By) x 5 0 0 Motion CARRIED. d) City Clerk Stephanie Carlile was recognized for her achievement in receiving her Master Municipal Clerk certification. 7 Recognition of Scheduled Public Comment a) Elain Hultz, an Englewood resident, was scheduled to address City Council but was not present. b) Steve Kelly, an Englewood resident, addressed Council regarding dog parks. 8 Recognition of Unscheduled Public Comment a) George Blackert, an Engelwood resident, address City Council regarding Jason Park. Council Member Russell Responded to Public Comment. Page 3 of 9 Draft Page 134 of 518 City Council Regular June 7, 2021 9 Consent Agenda Items Council Member Russell removed Agenda Items 9(a)(i) and 9(c)(iii) from Consent Agenda. Council Member Ward removed Agenda Item 9(a)(iii) from Consent Agenda. Moved by Council Member Ward seconded by Council Member Sierra to approve Consent Agenda Agenda Items 9(a)(ii), 9(b)(i), 9(c)(i-ii), and 9(c)(iv)). a) Approval of Ordinances on First Reading i) CB 21 - A Perpetual non-exclusive easement for the transmission and distribution of electricity and related communication signals on, over, under, and across the following described premises at Belleview Park. Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Steven Ward Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 21 , INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE AUTHORIZING A GRANT OF AN ELECTRIC TRANSMISSION LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO. For Against Abstained Linda Olson x Othoniel Sierra x Rita Russell x Steven Ward (Moved By) x Cheryl Wink (Seconded By) x 5 0 0 Motion CARRIED. ii) CB 22 - Approval of an Intergovernmental Agreement (IGA) with the Cities of Littleton and Sheridan and Arapahoe County for the purposes of developing a Tri-Cities Homelessness Plan of Action COUNCIL BILL NO. 22 , INTRODUCED BY COUNCIL MEMBER WARD Page 4 of 9 Draft Page 135 of 518 City Council Regular June 7, 2021 A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LITTLETON, CITY OF SHERIDAN, ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS PLAN OF ACTION. iii) CB 23 - Memorandum of Understanding between the City of Englewood and the Colorado State Patrol to share License Plate Reader information. Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Steven Ward Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 23 , INTRODUCED BY COUNCIL MEMBER WARD A BILL FOR AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO STATE PATROL AND THE CITY OF ENGLEWOOD POLICE DEPARTMENT REGARDING THE SHARING OF LICENSE PLATE READER INFORMATION FOR THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT INITIATIVE. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell x Steven Ward (Moved By) x Cheryl Wink x 5 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading. i) CB 20 - Second amendment to the IGA between the City of Englewood and CDOT for the bridge rehabilitation and widening of the Dartmouth Bridge over the South Platte River. ORDINANCE NO. 23, SERIES OF 2021 (COUNCIL BILL NO. 20, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A SECOND AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND THE CITY OF ENGLEWOOD, COLORADO REGARDING REHABILITATION AND Page 5 of 9 Draft Page 136 of 518 City Council Regular June 7, 2021 WIDENING OF THE DARTMOUTH AVENUE BRIDGE OVER THE SOUTH PLATTE RIVER. c) Resolutions and Motions i) Audio Visual modernization for streaming in-person and virtual city council meetings. RESOLUTION NO. 27, SERIES OF 2021 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE AND INSTALLATION OF NEW AUDIO/VISUAL EQUIPMENT IN THE CITY COUNCIL CHAMBERS AND COMMUNITY ROOM FROM FORD AUDIOVIDEO SYSTEMS. ii) Approval of a policy regarding the development and approval of proclamations. iii) Award of Contract to Colt & Steel Corp. for the 2021 Alley Grading & Stabilization Project. Clerks Note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of a contract with Colt & Steel Corporation in the amount of $400,163.19 for the 2021 Alley Grading and Stabilization Project, with allowance for a 10% contingency in the amount of $40,016.32. For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell x Steven Ward x Cheryl Wink (Moved By) x 4 1 0 Motion CARRIED. iv) Award of Contract to ECI Site Construction Management Approval of a contract with ECI Site Construction Management for park renovation services in the amount of $2,935,94. Moved by Council Member Steven Ward Seconded by Council Member Othoniel Sierra Page 6 of 9 Draft Page 137 of 518 City Council Regular June 7, 2021 Approval of Consent Agenda Items 9(a)(ii), 9(b)(i), 9(c)(i-ii) and 9(c)(iv)). For Against Abstained Linda Olson x Othoniel Sierra (Seconded By) x Rita Russell x Steven Ward (Moved By) x Cheryl Wink x 5 0 0 Motion CARRIED. The meeting recessed at 7:53 p.m. for a break. The meeting reconvened at 8:04 p.m. with five Council Members present. Member Anderson and Member Cuesta were absent. 10 Public Hearing Items a) Pubic Hearing on a proposed Charter amendment to provide for the direct election of the Mayor. Moved by Council Member Othoniel Sierra Seconded by Council Member Steven Ward TO OPEN THE PUBLIC HEARING FOR A PROPOSED CHARTER AMENDMENT TO PROVIDE FOR THE DIRECT ELECTION OF THE MAYOR. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 5 0 0 Motion CARRIED. City Clerk Stephanie Carlile presented information regarding the proposed Charter amendment to provide for the direct election of the Mayor. All testimony was given under oath. 0 citizens spoke in favor of the proposed Charter amendment to provide for the direct election of the Mayor. Page 7 of 9 Draft Page 138 of 518 City Council Regular June 7, 2021 1 citizen spoke in opposition to the proposed Charter amendment to provide for the direct election of the Mayor. 1 citizen sent an email opposing the proposed Charter amendment to provide for the direct election of the Mayor. 1 citizen provided comment, however was not in favor or opposition of the proposed Charter amendment to provide for the direct election of the Mayor. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink TO CLOSE THE PUBLIC HEARING FOR A PROPOSED CHARTER AMENDMENT TO PROVIDE FOR THE DIRECT ELECTION OF THE MAYOR. For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward x Cheryl Wink (Seconded By) x 5 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading There were no additional Ordinances on First Reading (See Agenda Items 11 (a)(i-iii).) b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See Agenda Item 11 (b)(i).) c) Resolutions and Motions i) Defeasance Escrow Agreement for the Series 2012 Storm Water Enterprise Revenue Refunding Bonds Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval to pay off of the City’s Series 2012 Storm Water Enterprise Revenue Refunding Bonds, in the amount of $116,552.50, by signing the Defeasance Escrow Agreement with UMB Bank. Page 8 of 9 Draft Page 139 of 518 City Council Regular June 7, 2021 For Against Abstained Linda Olson x Othoniel Sierra (Moved By) x Rita Russell x Steven Ward x Cheryl Wink (Seconded By) x 5 0 0 Motion CARRIED. 12 Covid-19 Update 13 General Discussion a) Mayor's Choice i) The Mayor discussed the upcoming Special/Regular meeting of June 21 and the need for an early start or an additional meeting that week. City Council reached consensus to start the meeting at 5:30 p.m. on June 21, 2021. b) Council Members' Choice 14 City Manager’s Report 15 City Attorney’s Report 16 Adjournment Roll call was taken to adjourn the meeting - Five Ayes. The meeting adjourned at 9:07 p.m. City Clerk Page 9 of 9 Draft Page 140 of 518 MINUTES City Council Special Meeting Meeting Monday, June 14, 2021 1000 Englewood Pkwy – Community Room 6:00 PM 1 Call to Order The Special Meeting of the Englewood City Council was called to order by Mayor Olson at 6:00 p.m. 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 Steven Ward Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Lewis City Attorney Niles Assistant to the City Manager Dodd City Clerk Carlile Deputy City Clerk Truscott Reed Police Chief Collins Deputy Police Chief Watson Director of Public Works D'Andrea Director of Community Development Power Director of Finance Loh Director of Communications Harguth Director of Utilities and South Platte Renew Van Ry Deputy Director of Engineering Utilities Simon, Utilities Court Administrator Wolfe, Municipal Courts Division Chief Fender, Police Department Finance Manager Engles, Finance Interim Director of Information Technology King Officer Douglas, Police Department Page 1 of 4 Draft Page 141 of 518 City Council Special Meeting June 14, 2021 Network Administrator Hunnicutt, Information Technology System Administrator Munnell, Information Technology 4 Organized Garbage & Recycling Collection - Request for Proposals Content Review a) Director of Public Works Maria D'Andrea was present to discuss various items & options from the Citizen's Committee in the revised Request for Proposals regarding trash haulers. 5 Discussion of Options for Rescinding Emergency Ordinance No.10, 2020 a) Council discussed options for rescinding the Emergency Ordinance, including how to continue one or more code suspensions provided for in the City Manager's Emergency Orders. City Manager Shawn Lewis was present for questions. 6 Discussion of Election of the Mayor a) Council discussed a proposed Charter amendment to provide for the direct election of the Mayor. City Attorney Tamara Niles and City Clerk Stephanie Carlile were present for questions. 7 WIFIA Loan Application a) Director of Utilities and South Platte Renew Pieter Van Ry and representatives from Stantec were present to discuss the Utilities WIFIA loan application, including projects to be funded and the application fee. 8 Break - 10 minutes The meeting recessed at 7:59 p.m. for a break. The meeting reconvened at 8:07 p.m. with all Council Members present. 9 2020 Audited Financial Statements Review a) Finance Manager Kevin Engels and Audit Principal Jim Hinkle were present to discuss the 2020 Audited Financial Statements. 10 2022 Budget Workshop Part I a) Director of Finance Jackie Loh and members of the Leadership Team were present to discuss the first of two meetings of the preliminary 2022 Budget. The meeting recessed at 9:44 p.m. for a break. The meeting reconvened at 9:48 p.m. with all Council Members present. 11 Executive Session Page 2 of 4 Draft Page 142 of 518 City Council Special Meeting June 14, 2021 a) The City Attorney recommends Council adjourn into executive session for a conference with the City Attorney and for the purpose of receiving legal advice on specific legal questions under C.R.S. Section 24-6-402(4)(b); Updating on the status of claims and litigation in which the city is involved. Moved by Council Member Linda Olson Seconded by Council Member Steven Ward MOTION TO MOVE INTO EXECUTIVE SESSION FOR A CONFERENCE WITH THE CITY ATTORNEY AND FOR THE PURPOSE OF RECEIVING LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402(4)(B); UPDATING ON THE STATUS OF CLAIMS AND LITIGATION IN WHICH THE CITY IS INVOLVED. For Against Abstained Linda Olson (Moved By) x Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. The meeting recessed at 9:50 p.m. to go into Executive Session. The meeting reconvened at 10:36 p.m. with all Council Members present. Mayor Olson recited the following statement: 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 the 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. None stated. Moved by Council Member Linda Olson Seconded by Council Member Steven Ward TO CLOSE THE EXECUTIVE SESSION For Against Abstained Linda Olson (Moved By) x Page 3 of 4 Draft Page 143 of 518 City Council Special Meeting June 14, 2021 Othoniel Sierra x Joe Anderson x Dave Cuesta x Rita Russell x Steven Ward (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. 12 Reports from Board and Commission Council Liaisons 13 Council Member’s Choice 14 City Manager’s Choice 15 City Attorney’s Choice 16 Adjournment Roll call was taken to adjourn the meeting - Seven Ayes. The meeting adjourned at 10:43 p.m. Deputy City Clerk Page 4 of 4 Draft Page 144 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tim Dodd DEPARTMENT: City Manager's Office DATE: June 21, 2021 SUBJECT: Approval of Intergovernmental Agreement for the Tri-Cities Homelessness Plan of Action DESCRIPTION: CB #22 - Approval of an intergovernmental agreement (IGA) with the Cities of LIttleton and Sheridan and Araphoe County for the purposes of developing a Tri-Cities Homelessness Plan of Action RECOMMENDATION: CB #22 - Approve an ordinance authorizing an IGA with the cities of Littleton, Sheridan and Arapahoe County for the purpose of developing a Tri-Cities Homelessness Plan of Action SUMMARY: For the past few years, the City of Englewood partnered with the Cities of Sheridan and Littleton on the establishment and implementation of the Tri-Cities Homelessness Policy Committee. This agreement will allow the three cities, in partnership with Arapahoe County, to develop a homelessness plan of action to identify specific actions and stakeholders designed to offset homelessness. ANALYSIS: In the spring of 2020, the Cities of Englewood, Littleton, and Sheridan entered into an agreement with the University of Denver ("DU") to conduct an analysis of the root causes and challenges associated with chronic homelessness and family homelessness. Additionally, the Tri-Cities Homelessness Policy Committee conducted a political, economic, social, technological, environmental, and legal (PESTEL) analysis. The PESTEL analysis is a tool used to analyze and monitor factors that contribute to an existing situation. In January of 2021, the City Councils of the Cities of Englewood, Littleton, and Sheridan jointly met to review the DU studies and PESTEL analysis and to discuss next steps. After the meeting, the Tri-Cities Homelessness Policy Committee continued to work with a contracted consultant to develop a homelessness plan of action, designed to create strategies to work on challenges expressed in the DU studies and PESTEL analysis. This agreement provides the platform for the three cities and Arapahoe County to work together to complete this work. A final draft of the play is expected by the end of May, 2021. FINANCIAL IMPLICATIONS: The total cost of the project is $11,400. Arapahoe County and the Cities of Littleton and Englewood will each contribute $3,300, while the City of Sheridan will contribute $1,500. Page 145 of 518 CONNECTION TO STRATEGIC PLAN: The Safety outcome area includes a goal to "Continue to work with the Tri-Cities group as well as Change the Trend in developing strategies to offset homelessness." This plan of action will articulate strategies to offset homelessness. ATTACHMENTS: Council Bill #22 IGA Page 146 of 518 -1- BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 22 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF LITTLETON, CITY OF SHERIDAN, ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD, COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS PLAN OF ACTION. WHEREAS, Article XIV, Section 18 (2) (a) of the Constitution of the State of Colorado, and Part 2, Article 1, Title 29, C.R.S., encourages and authorizes intergovernmental agreements; WHEREAS, Sections 29-1-203 and 29-1-203.5, C.R.S., authorize governments to cooperate and contract with one another to provide any function, service, or facility lawfully authorized to each; WHEREAS, in 2019 the Cities along with the County, engaged the University of Denver, Graduate School of Social W ork, to perform an initial assessment which interviewed and analyzed data from both single persons and families experiencing homelessness; WHEREAS, with the conclusion of the initial assessment, the Parties desire to engage Florence Aliese Advancement Network, LLC for the development of an incremental operational action plan organized into priority areas, such as healthcare and affordable housing, with recommendations for action-steps based on national and regional best-practices; and WHEREAS, the Parties shall retain Florence Aliese Advancement Network, LLC, as set forth in the Professional Services Agreement ("PSA/20-88"), along with Attachment A - Outline of Statement of Work, attached hereto, in the amount of $11,400.00, which cost shall be shared as follows: The Cities of Englewood and Littleton, and Arapahoe County shall each pay $3,300.00, and the City of Sheridan shall pay $1,500.00. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The "Intergovernmental Agreement between City of Littleton, City of Sheridan, Arapahoe County and the City of Englewood, Colorado for the Development of a Tri-Cities Homelessness Plan of Action” attached hereto as “Exhibit A,” is hereby accepted and approved by the City Council of the City of Englewood, Colorado. Page 147 of 518 -2- Section 2. The Mayor is authorized to execute the "Intergovernmental Agreement between City of Littleton, City of Sheridan, Arapahoe County and the City of Englewood, Colorado for the Development of a Tri-Cities Homelessness Plan of Action" and the City Clerk to attest and seal the for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of June, 2021. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of June, 2021. Published as a Bill for an Ordinance on the City's official website beginning, on the 9th day of June, 2021. Read by Title and passed on final reading on the 21st day of June, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 24th day of June, 2021. Published by title on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 148 of 518 Docusign Envelope ID:6512141C—FE66-4007-QA96-E3D9DD886718 INTERGOVERNMENTALAGREENIENT BETWEEN THE CITIES OF SHERIDAN,ENGLEWOOD,LITTLETON AND THE COUNTY OF ARAPHOE,COLORADO FOR THE DEVELOPMENT OF A TRI-CITIES HOMELESSNESS PLAN OF ACTION This Intergovernmental Agreement (the "Agreement")is entered into and effective as of this _day of ,2021 by and between the City of Sheridan,Colorado,a home rule municipality of the State of Colorado located at 4101 S.Federal Blvd,Sheridan,Colorado 80110,the City of Englewood,a home rule municipality of the State of Colorado located at 1000 Englewood Parkway,Englewood,Colorado 80110,the City of Littleton,a home rule municipality of the State of Colorado located at 2255 W.Berry Avenue,Littleton,Colorado 80120,(hereinafter referred to as the "Cities"),and the County of Arapahoe,a statutory county of the State of Colorado located at 5334 South Prince Street,Littleton,Colorado 80120 (hereinafter referred to as the "County").The Cities and the County may be individually referred to as the "Party"or collectively referred to herein as the "Parties". WHEREAS,Article XIV,Section 18 (2)(a)of the Constitution of the State of Colorado, and Part 2,Article 1,Title 29,C.R.S.,encourages and authorizes intergovernmental agreements; and WHEREAS,Sections 29-1-203 and 29-1-203.5,C.R.S.,authorize governments to cooperate and contract with one another to provide any function,service,or facility lawfully authorized to each;and WHEREAS,the Cities and County are all experiencing an increase of homelessnessin their communities;and WHEREAS,in 2019 the Cities along with the County,engaged the University of Denver, Graduate School of Social work to perform an initial assessment which interviewed and analyzed data from both single persons and families experiencing homelessness;and WHEREAS,with the conclusion of the initial assessment,the Parties desire to engage Florence Aliese Advancement Network,LLC for the development of an incremental operational action plan organized into priority areas,such as healthcare and affordable housing,with recommendations for action-stepsbased on national and regional best-practices;and WHEREAS,a written action plant will identify stakeholder roles and responsibilities,and identify current and/or potential future funding opportunities.Including strategic steps based on regional and national best—practices,and local culture,to create a solid foundation for a coordinated response system;and WHEREAS,the plan will focus on establishing a baseline framework to support immediate and future individualjurisdictional and intra-regional homelessness strategies.It will seek identification of action steps and facilitate a prioritization process to sequence immediate, mid-term and long-term activities,programs and policy advocacy. Page 149 of 518 Do.':Ll.'3ignEnvelope 1D:135121-1lC-FEGG-40C7-9/1.'£16~E3D9DD38?713 NOW,THEREFORE,in consideration of the terms and conditions set forth herein the parties agree as follows: AGREEMENT 1.lnitial Proects.The Parties shall retain Florence Aliese Advancement Network,LLC,as set forth in the Professional Services Agreement ("PSA/20-88"),along with Attachment A - Outline ofStatement of Work,attached thereto,in the amount ol’$1 1,400.00,which cost shall be shared as follows;the Cities of Englewood and Littleton,and Arapahoe County shall each pay $3,300.00,and the City oFSheridan shall pay $1,500.00. 2.Additional Projects and Activities.The Parties anticipate that the Initial Projects will bring about other projects and activities,for which the Parties will desire to work together to address the issues ofhomelessness in their communities. 3.Term.This Agreement shall continue until the Parties desire to end their co-operative efforts or the Agreement is terminated by any Party which may be done at any time,with or without cause upon a Party providing no less than 30 days written notice to the other Parties’and upon fulfillment otany existing financial obligations. 4.Non-1-\.ppropriation.All ?nancial obligations ofa Party under this Agreement are subject to the annual appropriation ot?iiicls by its governing body.No provision ofthis Agreement will be construed or interpreted:(21)to directly or indirectly obligate a Party to make any payment in any Fiscalyear in excess ofamounts appropriated by such Party for such fiscal year;or (b)as creating a debt or multiple ?scal year direct or indirect debt or other financial obligation whatsoever ofa Party within the meaning ofAitic1e X,Section 20 of the Colorado Constitution or any other constitutional or statutory limitation or provision. 3.Notices.Any notice,demand or request required by or relating to this Agreement shall be given by personal delivery,by facsimile,or sent by registered or certified mail,postage prepaid,to each Party at the addresses set forth herein. CITY OF SFlER1DAN: ,CITY OF ENGLEWOOD: City ofShericlan City ofEng1ewood 4101 S.Federal Blvd.1000 Englewood Parkway Sheridan,CO 80110 Eng1ewood,CO 80110 Attn:Devin Granberry Attn:J.Shawn Lewis Telephone:(303)762-2200 Telephone:(303)762-2310 Facsimile:(303)438-3398 Facsimile:(303)762-2310 E—mail:dgranberry@ci.sheridan.co.us E-mai1:slewis@eng1ewooclco.gov Page 150 of 518 DOCuSignEnvelope ID:6512141C—FE66-40C7-9A96—E3D9DD886718 CITY OF LITTLETON:ARAPAHOE COUNTY City of Littleton Arapahoe County 2255 W.Berry Ave.Address:5334S.Prince Street Littleton,CO 80120 Littleton,CO 80120-1136 Attn:Mark Relph Attn:Michelle Halstead Telephone:(303)795-3720 Telephone:(303)795-4530 Facsimile:(303)7953818 Facsimile:(303)738-7894 E-mail:mrelph@littletongov.org E-mail:mhalstead@araphoegov.corn 6.No Third-Party Bene?ciaries.Nothingin this Agreement shall be deemed to create any third-party bene?ts or bene?ciaries,or create a right or cause of action for the enforcementof its terms,in any entity or person not a Party to this Agreement. 7.Amendments.This Agreement shall be amended only by a written documentapproved by the governing bodies of all of the Parties;provided,however,that such amendment will not affect other outstanding ?nancial obligations of the Parties unless provision for full payment of such obligations,by escrow,or otherwise,has been made pursuant to such obligations. 8.No Assignment.This Agreement may not be assigned by any Party. 9.Severability.In the event that any of the terms,covenants or conditions of this Agreement, or their application,shall be held invalid as to any person,corporation,or circumstancesof any court having competent jurisdiction,the remainder of this Agreement,and the application and effect of its terms,covenants,or conditions to such persons,corporations or circumstancesshall not be affected thereby. 10.Governmental lmmunitv.This Agreement is not intended,and shall not be construed,as a waiver of the limitationson damages or any of the privileges,immunities,or defenses provided to, or enjoyed by the Parties,their employees and volunteers,under federal or state constitutional, statutory or common law,including but not limited to the Colorado Governmental Immunity Act, Section 24-10-101,C.R.S.,et seq.,as may be amended. 11.Governing Law.Jurisdiction and Venue.Colorado law governs this Agreement. Jurisdiction and venue shall lie exclusively in the District Court for Arapahoe County. 12.Waiver of Breach.A Party’s waiver of another Party’s breach of any term or provision of this.Agreement will not operate or be construed as a waiver of any subsequentbreach by any Party. 13.Execution.This Agreement may be executed in several counterparts,and by facsimile,or electronic pdf,each of which will be an original,and all of which together will constitute one and the same instrument. IN WITNESS WHEREOF,the Parties have caused to be executed this Intergovernmental Agreement regarding the Tri Cities Homeless Plan of Action. Page 151 of 518 DOCUSIQHEnvelope ID I35‘I2'I4IC—FE65—4OC7~9/\96—E3D9DD886718 CITY OF SI-IERIDANr-DncuS'a ' .3 . Dévin Cranberry Title:City Manager Date:4/19/2021 ATTEST: ..... \—-BE-1F3730B3r\5-IEF APPROVED AS TO FORM: Docusian ,_vk,—.-.=.i-.~.__..,_,.;,..-»~F».--1 w -6 , CITY OF ENGLEWOOD Name:Linda Olson Title:Mayor Date: ATTEST: Stephanie Carlile.City Clerk APPROVED AS TO FORM: .City Attorney AR/—\PAHOI;'COLJNTY /--Docusl ned 'nv' F?"1§:..a§.i}§§li:-,':7..aC(5 0” ‘[‘jt[e;Comnn'ss1'oner DaLe'.4/23/2021 ATTEST: n .3 ,.« ———-CCEFICIJEE?-‘J$?d2i“: APPROVED AS TO FORM: i A I ,County Attorney"I341 196576663486 CITY OF LITTLETON /‘—-Dncuslgned by: I %<=.4+t‘«etI>én=‘rveIpIi Title:City I\/Ianager APPROVED AS TO FORM: SI mad [1x-—Docu Vi ity Attorney Page 152 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Niles DEPARTMENT: City Attorney's Office DATE: June 21, 2021 SUBJECT: Resolution appointing hearing officers for 2021 DESCRIPTION: Resolution appointing Hearing Officers for 2021. RECOMMENDATION: Staff recommends that the City Council approve by resolution the 2021 list of persons eligible for appointment as independent hearing officers for the City of Englewood PREVIOUS COUNCIL ACTION: March 18, 2019 City Council approved a resolution authorizing hearing officers. January 6, 2020 City Council approved a resolution authorizing hearing officers. SUMMARY: Various ordinances of the City require the appointment of independent hearing officers. The individuals selected for inclusion on this list are not employees or officials of the City of Englewood. They have each agreed to serve as hearing officers and are all currently active and registered with the State of Colorado Bar Association. ANALYSIS: The following provisions of the City's Charter and the City's Code require the appointment of hearing officers/independent hearing officers by the City Council, City Manager, or City Attorney. By establishing a list of individuals who are qualified to provide this service to the City, all parties who require a hearing officer know in advance who the possible hearing officers might be and the appointing authorities know in advance which persons are available to provide these services. Englewood Charter: Section 138:3 Title 1, Chapter 8 Title 3, Chapter 2 Title 5, Chapter 1 Title 11, Chapter 1, Article A Title 15, Chapters 3 and 5 CONCLUSION: Appoint Hearing Officers. Page 153 of 518 FINANCIAL IMPLICATIONS: Independent Hearing Officers are paid their standardized rate of which they were informed of at the time they were placed on the list. CONNECTION TO STRATEGIC PLAN: N/A OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Resolution Page 154 of 518 1 RESOLUTION NO. SERIES OF 2021 A RESOLUTION SETTING THE 2021 LIST OF PERSONS ELIGIBLE FOR APPOINTMENT AS INDEPENDENT HEARING OFFICERS FOR THE CITY OF ENGLEWOOD. WHEREAS, Section 138:3 of the Englewood Home Rule Charter provides that the City Council shall appoint independent hearing officers to preside over matters of disciplinary and merit appeals; WHEREAS, Title 3, Chapter 2 of the Englewood Municipal Code provides that the City Council shall appoint independent hearing officers to preside over matters arising out of Employee Organizations; WHEREAS, Title 5, Chapter 1 provides that the City shall appoint an independent hearing officer to preside over administrative appeals associated with licensing; WHEREAS, Title 11, Chapter 1, Article A provides that the City Manager shall appoint a hearing officer to determine disposition of unclaimed impounded vehicles; WHEREAS, Title 15, Chapter 3 provides that the City Manager shall appoint a hearing officer to preside over administrative appeals associated with nuisance code violations; WHEREAS, Title 15, Chapter 5 provides that the City Attorney shall appoint a hearing officer to preside over administrative actions associated with vested rights and takings determinations; WHEREAS, Title 1, Chapter 8 – Campaign Finance Complaints - because of a change in law, campaign finance complaints that were previously handled by the Secretary of State’s Office must be heard by the City, and the City must adopt a local process to handle such complaints; and WHEREAS, the passage of this Resolution establishes a list of qualified individuals eligible to serve as independent hearing officers when the services of an independent hearing officer are requested by the City Council, City Manager, or City Attorney for 2020. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as independent hearing officers to serve at the request of the City Council, City Manager, or City Attorney, on a random Page 155 of 518 2 and rotating basis, in accordance with the specific expertise required: Kristin Nordeck Brown M. Patrick Wilson Martin McCullough Claybourne Murray Douglas Marcus A. McAskin Kendra L. Carberry William Tuthill Kathy Guckenberg ADOPTED AND APPROVED this 21st day of June, 2021. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk, for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. 2, Series of 2020. Stephanie Carlile, City Clerk Page 156 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Pieter Van Ry DEPARTMENT: Utilities DATE: June 21, 2021 SUBJECT: Water Infrastructure Financing and Innovation Act (WIFIA) loan application authorization DESCRIPTION: Utilities staff is seeking Council approval authorizing the City to submit a loan application through WIFIA to fund water and wastewater capital improvements. RECOMMENDATION: Staff recommends City Council approve a Resolution to apply for a WIFIA loan and authorize appropriation of a $100,000 application fee. PREVIOUS COUNCIL ACTION: On June 14, 2021, Utilities staff brought forward this item for discussion at Study Session. SUMMARY: WIFIA is a borrowing mechanism for municipal water providers to fund the significant costs associated with the execution of capital improvement programs. Borrowing programs, like WIFIA, avoid the need to cash-fund capital improvement needs and spreads repayment over many years. This results in a more equitable share of costs among those that benefit from improvements now and customers that will benefit in the future. Staff compared WIFIA with other common municipal borrowing mechanisms, including bonds and state revolving funds (SRF), and found WIFIA to have a highly competitive cost of borrowing. This is due to the combination of low interest rates that can be accessed through WIFIA and lower annual maintenance fees. In addition, WIFIA has a loan repayment term of 35 years which exceeds the repayment period of 30 years for bonds and SRF loans. The favorable loan conditions associated with the WIFIA program allows the City to advance projects within the current rate structure approved by Council in 2020. The suite of projects proposed in the WIFIA application include water and wastewater projects. Water projects include improvements to existing pumping and treatment facilities, raw water supply improvements, lead service line replacement, metering improvements, and a new operation complex. Wastewater projects include various process improvements at the South Platte Renew treatment facility. Federal compliance is required for all WIFIA-funded projects. Additional procurement and project monitoring will be required as a result. This includes ensuring compliance with Davis- Bacon wages, American Iron and Steel, Equal Opportunity Employer provisions, and demonstrating a good faith effort to contract with Disadvantaged Business Enterprises. Staff Page 157 of 518 estimates that the additional cost associated with federal compliance is approximately five percent. ANALYSIS: Staff compared WIFIA with bonds and SRF borrowing mechanisms. Staff has determined that WIFIA provides a highly competitive cost of borrowing among these options, and recommends applying for a WIFIA loan to support funding Utilities’ capital improvement program. WIFIA has a maximum funding threshold of 49%, so other funding mechanisms will be necessary to pay for the remaining 51%. The City must submit a $100,000 fee with its application. The fee covers EPA time and resources necessary to close the loan. Staff expects that the total EPA costs will exceed the initial $100,000 application fee. Those costs may either be paid upfront at the time of closing or can be wrapped into the WIFIA loan. Annual costs for loan administration are estimated at approximately $20,000 per year over the five-years of disbursement and approximately $8,000 per year for the 35-year repayment term. The loan will be repaid from user fees paid into the Water and Wastewater Funds through one- time connection fees for new users and revenue from monthly bills for all system users. CONCLUSION: Staff recommends that City Council approve the Resolution authorizing the City to submit a loan application under the WIFIA program due to its favorable borrowing terms and conditions. FINANCIAL IMPLICATIONS: The City has available funding in the 2021 budget to fund the initial $100,000 fee that must be submitted with this application. Therefore, any future application that may be submitted is subject to the $100,000 fee. The below chart shows this application fee (under “Purchase amount”) is split equally between the Water Fund (40) and Sewer Fund (41). 2021 Line Item 2021 Line Item Budget Amount YTD Line Item Encumbered YTD Line Item Expensed Purchase Amount 2021 Line Item Budget Amount Remaining 40–1607– 57201 $77,700.00 $0.00 $12,497.94 $50,000.00 $15,202.06 41–1607– 57201 $82,790.00 $0.00 $12,497.93 $50,000.00 $20,292.07 CONNECTION TO STRATEGIC PLAN: Infrastructure: • Establish a long-term Capital Improvement Program • Establish a 20-year plan for financing ATTACHMENTS: Resolution WIFIA Application Fee Notice PowerPoint Presentation Page 158 of 518 1 RESOLUTION NO. ____ SERIES OF 2021 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S WATER INFRASTRUCTURE FINANCING AND INNOVATION ACT FUNDING APPLICATION WHEREAS, the Unites States Environmental Protection Agency ("EPA") administers the Water Infrastructure Financing and Innovation Act Funding ("WIFIA) a loan borrowing program to help fund municipal water capital improvements; WHEREAS, the program provides a mechanism to fund water infrastructure improvements without the need to cash-fund capital improvement needs, and spreads the repayment of the loan over many years, which allows a more equitable share of costs across all users of the water and wastewater systems; WHEREAS, if the City's loan application is approved, the monies will be used for improvements to existing pumping and treatment facilities, raw water supply improvements, lead service line replacement, metering improvements, and a new operation complex; WHEREAS, in addition to improvements to the City's water supply system, various process improvements in the treatment of wastewater at the South Platte Renew treatment facility will be undertaken; WHEREAS, the City shall reimburse the EPA for costs associated with loan processing, administration, and execution, which includes submittal of an initial $100,000-dollar application fee, which is available and coming from the Utilities Department budget, within the water and wastewater enterprise fund; WHEREAS, the City shall reimburse the EPA for costs above and beyond the $100,000 submitted with the application at the time of loan closing; WHEREAS, the City is seeking a loan in the amount of $50,000,000 which will be repaid from user fees paid into the Water and Wastewater funds through one-time connection fees for new users, and revenue from monthly billings for all users of the systems; and WHEREAS, the projected time to repay the loan is within 35 years of substantial completion of the funded projects, at an interest rate based on the State and Local Government Series rate at time of loan closing. Page 159 of 518 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby supports the City’s Water Infrastructure Financing and Innovation Act Fund application for future water and wastewater infrastructure improvements. Section 2. The Director of Utilities is authorized to sign all necessary documents for the Water Infrastructure Financing and Innovation Fund application for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 21st day of June, 2021. ____ Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2021. ______________________________ Stephanie Carlile Page 160 of 518 0 ‘$120sr4,Q‘ ?tl?hl/\Ilg_ UNITED STATES ENVIRONMENTAL PROTECTIONIIweEAGENCYW;WIFIA Program at pm?_¢\‘°1200 Pennsylvania Avenue, N.W.Washington,D.C.20460 Notice of Non-Refundable Application Fee N20113C0 -FEE01 March 29,2021 Steve Simon Deputy Director,Engineering City of Englewood,Uti ies 1000 Englewood Parkway Englewood CO,80110 Subject:Englewood One Water Modernization Program (N20113C0) Dear Mr.Simon, Thank you for submitting your Water Infrastructure Finance and Innovation Act (WIFIA)letter of interest for the Englewood One Water Modernization Program.As noted in a January 8,2021 letter from EPA informing you that the project has been selected to apply for credit assistance,you must submit a non- refundable Application Fee of $100,000.00 for your application to be considered.This payment must be received prior to or concurrently with submission of your application. For atlng and transmitting the required Fee payment,the attached document,"HOW TO MAKE A PAYMENT TO EPA—WIFIA Program"identifies the payment methods we accept as well as the office to contact if there are questions.Please note the reference number of N20113C0-FEE01 and payment type ‘Application Fee‘in your payment submission. We look forward to working with you on this project. Sincerely, Jorianne Jernberg Acting Director,WIFIA Management Division cc EPA's Office of the Controller:OCFO-OC-ACAD-WIF|A@eQa.gov WIFIA Portfolio:WIFIA Portfo|io@epa.gov Elizabeth Tran:tran.e|izabeth@epa,gov Page 161 of 518 WIFIA Application Monday, June 21, 2021 City Council, Regular Session Pieter Van Ry, Director of Utilities and South Platte Renew Page 162 of 518 Background •Favorable loan terms •Interest rate •Repayment period •Annual maintenance fees •EPA -administered Page 163 of 518 Loan Terms •Requested loan amount: $50,000,000 •City reimburse EPA processing costs •Loan application: $100,000 •Additional costs collected at closing •Federal compliance for funded projects •Estimated 5% cost of compliance •Annual maintenance fees •Fund up to 49% of project costs •Other project funding sources required (cash, SRF, bonds)Page 164 of 518 Borrowing Option Comparison Borrowing Program Loan Processing (est.) Annual Fees (est.) Current Rate (May 2021)Repayment Federal Compliance Cost Proceeds / Funds Received Debt Service Coverage WIFIA $300,000 $8,000 - $20,000 2.3%35 years 5%Reimbursable basis 1.10x State Revolving Funds $0 Up to 1.25% of principal 2.0%30 years 5%Reimbursable basis 1.10x Bonds $300,000 $0 3.5%*30 years n/a Lump Sum 1.30x * Current bond rate may be comparable over 30 years (3.5% is a historical estimate for planning purposes)Page 165 of 518 Program Suite of Projects Water (Utilities)Wastewater (SPR) Pump Station Improvements Electrical/I&C Improvements City Ditch Piping Process Pilot Project Lead Service Line Replacement Dewatering Improvements Flat Rate to Metered Service Solid Enhancements Allen WTP Process Improvements Dewatering Project Operations Complex Operations Complex Page 166 of 518 Timeline May 11 June 14 June 21 Aug Aug- Dec Dec 31 2022-2026 Initial Fee of $100,000.00 Page 167 of 518 Q&A Page 168 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jeromy King, Steve Simon DEPARTMENT: Utilities DATE: June 21, 2021 SUBJECT: Equipment procurement award to purchase a process control computer server and firewall equipment. DESCRIPTION: Resolution awarding an optimal source contract with ConvergeOne, Inc., to purchase a process control computer server and firewall equipment upgrade for the Allen Water Treatment Plant. RECOMMENDATION: Staff recommends City Council approve, by Resolution, an optimal source contract with ConvergeOne, Inc., in an amount not to exceed $253,317.22, to purchase a new computer server and firewall equipment. PREVIOUS COUNCIL ACTION: On October 19,2020, Council approved the 2021 Utilities Capital Improvement Budget which included $3,000,000 for electrical, instrumentation, and control improvements. SUMMARY: The 2020 Water Master Plan identified electrical and control systems upgrades at the Allen Water Treatment Plant (WTP) as a high priority. Following the completion of the Master Plan, the City conducted a risk and resiliency study that identified a critical vulnerability in the Supervisory Control and Data Acquisition (SCADA) system. The SCADA system provides plant operators critical information and control ability over plant operations. The SCADA system is currently contained within two desktop computers located in the WTP control room. This arrangement lacks a reliable backup and redundant system if the SCADA programming becomes compromised. This project will improve the reliability of the SCADA system by transitioning from local storage to virtual storage through a remote server. Local storage presents a high risk of failure if either of the desktop computers become compromised or if the control room becomes inaccessible. In the event that occurs, the entire plant would need to be operated manually until the system is restored. A new virtual SCADA server and firewall equipment provides the following benefits that do not currently exist with the current SCADA system: • Improved security over malicious hacking • Compliance with industry best practice • Automated routine backups Page 169 of 518 • Permission-based remote accessibility by select City staff On April 13, 2021, the Water and Sewer Board voted to recommend Council approval to purchase SCADA server and firewall equipment from ConvergeOne, Inc. in the amount of $253,317.22. ANALYSIS: ConvergeOne entered into a Master Agreement with the State of Colorado (2016-0000-0000- 0000-0103/NASPO). The Master Agreement provides that any state, city, special district or local government may purchase products and services at the prices indicated in the agreement. Purchasing under the cooperative agreement is more efficient due to time savings in contract production and money savings through the power of aggregation. The NASPO agreement with ConvergeOne gives the City access to competitive and pre- negotiated pricing for server and firewall equipment. According to CRS 24-110-201 (5) the State of Colorado allows the City to use the cooperative purchasing agreements the state has negotiated. Cooperative purchasing complies with the City’s Purchasing Policies & Procedures, Section XIII – Competitive Bidding Requirements, using cooperative purchasing whenever possible through the State bid list as well as other organizations. CONCLUSION: Staff recommends City Council approve a Resolution authorizing the City to award an optimal source contract with ConvergeOne, in the amount of $253,317.22, to purchase SCADA computer server and firewall upgrade for the Allen Water Treatment Plant. FINANCIAL IMPLICATIONS: Funding for the SCADA Server Equipment Purchase and Installation Project is available in the 2021 Capital Engineering Budget. 2021 Line Item 2021 Line Item Budget Amount YTD Line Item Encumbered YTD Line Item Expensed Purchase Amount 2021 Line Item Budget Amount Remaining 40–1609–61251 $3,000,000.00 $529,171.90 $251,336.10 $253,317.22 $1,966,174.78 CONNECTION TO STRATEGIC PLAN: Infrastructure: • Establish a long-term Capital Improvement Program Sustainability • Develop a proactive capital plan to address needed capital and maintenance of City buildings • Invest in water infrastructure ATTACHMENTS: Resolution Contract Approval Summary ConvergeOne Master Agreement ConvergeOne Equipment Pricing PowerPoint Presentation Page 170 of 518 1 RESOLUTION NO. _____ SERIES OF 2021 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF COMPUTER SERVER AND FIREWALL UPGRADE FOR THE ALLEN WATER PLANT COMPUTER NETWORK, FROM CONVERGEONE. WHEREAS, Section 4-1-3-1 of the Englewood Municipal Code 2000, allow contracts for professional or technical services to be authorized without receiving sealed, competitive bids; WHEREAS, the Englewood Utilities Department completed an Instrumentation and Controls Master Plant in late 2020; WHEREAS, the Master Plan identified that the City's control system at the Allen Water Treatment Plant was at risk of loss of operational data and control which would place the Plant's ability to adequately treat water at risk due to a hardware failure; WHEREAS, this purchase will integrate current SCADA control systems at the Plant with new computer servers and firewalls, enabling communication and interaction between nodes on the computer network; WHEREAS, the City uses the server network to provide communication and digital needs for citizens and operators; WHEREAS, installing server and firewall equipment at the Plant will allow for the Plant's control system information to be backed up on a regular schedule which will mitigate the risk and consequences of losing critical operational data; WHEREAS, the funds for the purchase would come from the Water Fund budget, 40-1609-61251; and WHEREAS, the cost of the purchase under the State of Colorado Price Agreement (2016-0000-0000-0000-0103/NASPO) is $253,317.22. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase and installation of a new computer network and firewall from CovergeOne for the Allen Water Treatment Plant under the terms of the State of Colorado Price Agreement in lieu of the competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $253,317.22, as set forth in the CoverageOne quotes, attached hereto as Exhibit A. Page 171 of 518 2 ADOPTED AND APPROVED this 21st day of June, 2021. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2021. ______________________________ Stephanie Carlile Page 172 of 518 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Mike Assante Phone: 720-392-5316 Title: Engineer III Email: massante@englewoodco.gov Vendor Contact Information Vendor Name: Converge One, Inc. Vendor Contact: Lori Boan Vendor Address: 8680 Concord Center Drive Vendor Phone: 913-744-3256 City: Meridian Vendor Email:LBoan@convergeone.com State: Colorado Zip Code: 80112 Contract Type Contract Type:Other (describe below) Cooperative purchase for server and firewall equipment. Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: May 2021 End Date: May 2022 Total Years of Term: 1 year Total Amount of Contract for term (or estimated amount if based on item pricing): $253,317.22 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Net 30 when equipment arrives Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Cooperative purchase of server and firewall equipment. Page 173 of 518 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): ☒Other: Please Describe According to CRS 24-110-201 (5) The State of Colorado allows the city to use the cooperative purchasing agreements that the state has negotiated. We will be using the Hewlett Packard Enterprise Co. NASPO purchasing agreement 2016- 0000-0000-0000-0103/NASPO through the state of Colorado, where ConvergeOne, Inc is an authorized partner. Page 174 of 518 2/19/2021 https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceA… https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceAwd.nsf&docu…1/2 Agreement #: 20160000000000000103/NASPO State of Colorado Price Agreement Classification:PERMISSIVE Status:Current Duration of Agreement: Period Covered:Options: Sep 30, 2015 To Jul 31, 2021 Option to Renew for 0 More Year(s) Category: Computer Equipment, Peripherals & Related Services Commodity Code: Commodity Description:Servers and Storage Department of Personnel and Administration State Purchasing Office 1525 Sherman St., 3rd Floor Denver, CO 80203 Greg Draughon at (303) 866-6100 email: gregory.draughon@state.co.us Ordering/Contact Information Small Business:Yes Minority Owned:no Woman Owned:no Company:Hewlett Packard Enterprise Co.Doing Business As:Hewlett Packard Enterprise Co Contact:Stacy Kearns Contact Email:stacey.lyn.kearns@hpe.com Order Number:512-319-3018 Toll Free/Cell Number: Fax:Payment Terms:N45 Address:F.O.B.:Destination City, State, ZIP:Delivery: Quote Email: How To Order/Agreement Prices Special Ordering Conditions for State Agencies State agencies are cautioned to obtain necessary OIT approvals prior to use of this price agreement for IT resources. The definition of IT resources and state agencies can be found in § 24-37.5-102 CRS. . Hewlett Packard Enterprise Company is authorized under the NASPO ValuePoint Computer Master Agreement ##MNWNC-134 to provide goods and services in the following categories: Servers . Storage ORDERING AND PRICING: Hewlett Packard Enterprise Company authorized business partners are listed on the State's landing page on the following website: Files:application/pdf 2,407 KB 1436365192_2015-2020 MNWN_PC_Agreement_ HP ENTERPRISE.PDF application/pdf 770 KB 1448052655_2015-2020_Computer_Equipment_CO_HP-Enterprise_Executed_PA (1).pdf application/pdf 66 KB 1487890120_2015-2020 MNWN_PC_Agreement_ HP ENTERPRISE_Amendment-1.pdf application/pdf 195 KB Hewlett Packard Enterprise Amendment 3.1 Executed.pdf application/pdf 138 KB 1574115562_MNNVP-134.HPE.Amendment 3.Executed.pdf Contract Status:-select- Vendor Insurance Certificate Expiration Dates Workers' Comp:General Liability:Other Insurance:Other Insurance Description: Not applicable Not applicable Not applicable Files: Additional Attachments Files: Conditions Of Agreement Page 175 of 518 2/19/2021 https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceA… https://www.bidscolorado.com/co/portal.nsf/xpPriceAgreementRead.xsp?databaseName=CN=GSSBIDS3/O=CO_STATE!!co%5CPriceAwd.nsf&docu…2/2 This Agreement results from the following solicitation: Number: Files: Amendments: Amendment Number: Amendment Effective On: Reason For Amendment: Amendment History: Page 176 of 518 Page 177 of 518 Page 178 of 518 Page 179 of 518 Page 180 of 518 Page 181 of 518 Page 182 of 518 Page 183 of 518 Page 184 of 518 Page 185 of 518 Page 186 of 518 Page 187 of 518 Page 188 of 518 Page 189 of 518 Page 190 of 518 Page 191 of 518 Page 192 of 518 Page 193 of 518 Page 194 of 518 Page 195 of 518 Page 196 of 518 Page 197 of 518 Page 198 of 518 Page 199 of 518 Page 200 of 518 Page 201 of 518 Page 202 of 518 Page 203 of 518 Page 204 of 518 Page 205 of 518 Page 206 of 518 Page 207 of 518 Page 208 of 518 Page 209 of 518 Page 210 of 518 Page 211 of 518 Page 212 of 518 Page 213 of 518 Page 214 of 518 Page 215 of 518 Page 216 of 518 Page 217 of 518 Page 218 of 518 Page 219 of 518 Page 220 of 518 Page 221 of 518 Page 222 of 518 Page 223 of 518 Solution Summary HPE Implementation Utilities Customer:City of Englewood Ship To Address:, Bill To Address:1000 Englewood Pkwy Englewood, CO 80110-2373 Customer ID:VTWCITENG0001 Customer PO: Primary Contact:Jeromy King Email:jking@englewoodco.gov Phone:(303) 783-6831 National Account Manager:Lori Boan Email:LBoan@convergeone.com Phone:+19137443256 Solution Summary Current Due Next Invoice Due Remaining Total Project Hardware $189,232.10 One-Time $189,232.10 Professional Services $45,472.00 One-Time $45,472.00 Maintenance Manufacturer Maintenance $10,353.56 Prepaid $10,353.56 Project Subtotal $245,057.66 $245,057.66 Estimated Tax NOT INCLUDED Estimated Freight NOT INCLUDED Project Total $245,057.66 $245,057.66 This Order is a configured order and/or contains software. This Solution Summary summarizes the document(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this “Order”). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary. Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the “Agreement”): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C 1" or "ConvergeOne" or "Seller") and Customer; or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.convergeone.com/online-general-terms-and-conditions/ . If Customer’s Agreement is a master agreement entered into with one of ConvergeOne, Inc.'s predecessors, affiliates and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications, located at: https://www.convergeone.com/online-general-terms-and- conditions/ . In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement. This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, “Products”); (b) any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (collectively, “Professional Services”); (c) any Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, “Managed Services”); and/or (d) any Seller-provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications (collectively, “Maintenance Services”). For ease of reference only, Professional Services, Managed Services and Maintenance Services may be referred to collectively as “Services.” Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement. Products and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof. Thereafter, this Order will no longer be of any force and effect. Solution Quote #Item Number Description Term Qty Unit Price Extended Price Install CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. Page #:1 of 3 Date:1/20/2021 Documents #:OP-000589853 SO-000648412 Solution Name:HPE Implementation Utilities Customer:City of Englewood Page 224 of 518 Solution Quote #Item Number Description Term Qty Unit Price Extended Price 1 Professional Services Professional Services $45,472.00 Quote 1 2 P19766-B21 P19766-B21 - HPE DL360 Gen10 8SFF NC CTO Svr 2 $544.03 $1,088.06 3 P19766-B21 ABA P19766-B21 ABA - U.S. - English localization 2 $0.00 $0.00 4 P24487-L21 P24487-L21 - Intel Xeon-G 6248R FIO Kit for DL360 G10 2 $2,509.96 $5,019.92 5 P24487-B21 P24487-B21 - Intel Xeon-G 6248R Kit for DL360 Gen10 2 $2,195.40 $4,390.80 6 P24487-B21 0D1 P24487-B21 0D1 - Factory integrated 2 $0.00 $0.00 7 P00922-B21 HPE 16GB 2Rx8 PC4-2933Y-R Smart Kit 48 $127.63 $6,126.24 8 P00922-B21 0D1 P00922-B21 0D1 - Factory integrated 48 $0.00 $0.00 9 867982-B21 HPE DL360 Gen10 LP Riser Kit 2 $28.63 $57.26 10 867982-B21 0D1 867982-B21 0D1 - Factory integrated 2 $0.00 $0.00 11 R0W29C R0W29C - HPE NVIDIA Tesla T4 16GB Module 4 $1,485.59 $5,942.36 12 R0W29C 0D1 R0W29C 0D1 - Factory integrated 4 $0.00 $0.00 13 817749-B21 HPE 10/25GbE 2p FLR-SFP28 MCX4121A Adptr 2 $104.98 $209.96 14 817749-B21 0D1 817749-B21 0D1 - Factory integrated 2 $0.00 $0.00 15 P12965-B21 P12965-B21 - HPE NS204i-p NVMe PCIe3 OS Boot Device 2 $266.86 $533.72 16 P12965-B21 0D1 P12965-B21 0D1 - Factory integrated 2 $0.00 $0.00 17 871244-B21 HPE DL360 Gen10 High Perf Fan Kit 2 $103.00 $206.00 18 871244-B21 0D1 871244-B21 0D1 - Factory integrated 2 $0.00 $0.00 19 865414-B21 HPE 800W FS Plat Ht Plg LH Pwr Sply Kit 4 $88.66 $354.64 20 865414-B21 0D1 Factory integrated 4 $0.00 $0.00 21 874543-B21 HPE 1U Gen10 SFF Easy Install Rail Kit 2 $25.96 $51.92 22 874543-B21 0D1 Factory integrated 2 $0.00 $0.00 23 R3Q51AAE R3Q51AAE - NVIDIA GRID vPC 1CU 3yr E-LTU 50 $150.81 $7,540.50 24 P9T55A P9T55A - VMw Horizon Adv 10pk 3yr CU SW 5 $5,148.97 $25,744.85 25 R3S05AAE Veeam Pub Avail Ent+ 1yr 24x7 E-LTU 4 $2,588.39 $10,353.56 26 H1K92A3 HPE 3Y Proactive Care 24x7 Service 1 $0.00 $0.00 27 H1K92A3 WAG H1K92A3 WAG - HPE DL360 Gen10 Support 2 $1,422.54 $2,845.08 Quote 2 28 P19766-B21 P19766-B21 - HPE DL360 Gen10 8SFF NC CTO Svr 2 $687.22 $1,374.44 29 P19766-B21 ABA P19766-B21 ABA - U.S. - English localization 2 $0.00 $0.00 30 P24487-L21 P24487-L21 - Intel Xeon-G 6248R FIO Kit for DL360 G10 2 $2,723.99 $5,447.98 31 P24487-B21 P24487-B21 - Intel Xeon-G 6248R Kit for DL360 Gen10 2 $2,723.99 $5,447.98 32 P24487-B21 0D1 P24487-B21 0D1 - Factory integrated 2 $0.00 $0.00 33 P00922-B21 HPE 16GB 2Rx8 PC4-2933Y-R Smart Kit 48 $298.90 $14,347.20 34 P00922-B21 0D1 P00922-B21 0D1 - Factory integrated 48 $0.00 $0.00 35 867982-B21 HPE DL360 Gen10 LP Riser Kit 2 $36.52 $73.04 36 867982-B21 0D1 867982-B21 0D1 - Factory integrated 2 $0.00 $0.00 37 R0W29C R0W29C - HPE NVIDIA Tesla T4 16GB Module 4 $2,776.89 $11,107.56 38 R0W29C 0D1 R0W29C 0D1 - Factory integrated 4 $0.00 $0.00 CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. Page #:2 of 3 Date:1/20/2021 Documents #:OP-000589853 SO-000648412 Solution Name:HPE Implementation Utilities Customer:City of Englewood Page 225 of 518 Solution Quote #Item Number Description Term Qty Unit Price Extended Price 39 817749-B21 HPE 10/25GbE 2p FLR-SFP28 MCX4121A Adptr 2 $380.90 $761.80 40 817749-B21 0D1 817749-B21 0D1 - Factory integrated 2 $0.00 $0.00 41 P12965-B21 P12965-B21 - HPE NS204i-p NVMe PCIe3 OS Boot Device 2 $872.38 $1,744.76 42 P12965-B21 0D1 P12965-B21 0D1 - Factory integrated 2 $0.00 $0.00 43 871244-B21 HPE DL360 Gen10 High Perf Fan Kit 2 $179.34 $358.68 44 871244-B21 0D1 871244-B21 0D1 - Factory integrated 2 $0.00 $0.00 45 865414-B21 HPE 800W FS Plat Ht Plg LH Pwr Sply Kit 4 $190.45 $761.80 46 865414-B21 0D1 Factory integrated 4 $0.00 $0.00 47 874543-B21 HPE 1U Gen10 SFF Easy Install Rail Kit 2 $52.90 $105.80 48 874543-B21 0D1 Factory integrated 2 $0.00 $0.00 49 R3Q51AAE R3Q51AAE - NVIDIA GRID vPC 1CU 3yr E-LTU 50 $149.10 $7,455.00 50 R0E20AAE R0E20AAE - Veeam Pub Avail Suite Ent+ 1yr 8x5 E-LTU 4 $2,452.39 $9,809.56 51 R0E26AAE R0E26AAE - Veeam Avail Ent+ 1yr 24x7 Uplift Sup 4 $153.00 $612.00 52 P9T55A P9T55A - VMw Horizon Adv 10pk 3yr CU SW 5 $4,481.91 $22,409.55 53 H1K92A3 HPE 3Y Proactive Care 24x7 Service 1 $0.00 $0.00 54 H1K92A3 WAG H1K92A3 WAG - HPE DL360 Gen10 Support 2 $2,098.61 $4,197.22 Quote 3 55 P19766-B21 P19766-B21 - HPE DL360 Gen10 8SFF NC CTO Svr 2 $687.22 $1,374.44 56 P19766-B21 ABA P19766-B21 ABA - U.S. - English localization 2 $0.00 $0.00 57 P24487-L21 P24487-L21 - Intel Xeon-G 6248R FIO Kit for DL360 G10 2 $2,723.99 $5,447.98 58 P24487-B21 P24487-B21 - Intel Xeon-G 6248R Kit for DL360 Gen10 2 $2,723.99 $5,447.98 59 P24487-B21 0D1 P24487-B21 0D1 - Factory integrated 2 $0.00 $0.00 60 P00922-B21 HPE 16GB 2Rx8 PC4-2933Y-R Smart Kit 24 $298.90 $7,173.60 61 P00922-B21 0D1 P00922-B21 0D1 - Factory integrated 24 $0.00 $0.00 62 867982-B21 HPE DL360 Gen10 LP Riser Kit 2 $36.52 $73.04 63 867982-B21 0D1 867982-B21 0D1 - Factory integrated 2 $0.00 $0.00 64 817749-B21 HPE 10/25GbE 2p FLR-SFP28 MCX4121A Adptr 2 $380.90 $761.80 65 817749-B21 0D1 817749-B21 0D1 - Factory integrated 2 $0.00 $0.00 66 P12965-B21 P12965-B21 - HPE NS204i-p NVMe PCIe3 OS Boot Device 2 $872.38 $1,744.76 67 P12965-B21 0D1 P12965-B21 0D1 - Factory integrated 2 $0.00 $0.00 68 871244-B21 HPE DL360 Gen10 High Perf Fan Kit 2 $179.34 $358.68 69 871244-B21 0D1 871244-B21 0D1 - Factory integrated 2 $0.00 $0.00 70 865414-B21 HPE 800W FS Plat Ht Plg LH Pwr Sply Kit 4 $190.45 $761.80 71 865414-B21 0D1 Factory integrated 4 $0.00 $0.00 72 874543-B21 HPE 1U Gen10 SFF Easy Install Rail Kit 2 $52.90 $105.80 73 874543-B21 0D1 Factory integrated 2 $0.00 $0.00 74 BD715AAE BD715AAE - VMw vSphere EntPlus 1P 3yr E-LTU 4 $3,914.83 $15,659.32 75 H1K92A3 HPE 3Y Proactive Care 24x7 Service 1 $0.00 $0.00 76 H1K92A3 WAG H1K92A3 WAG - HPE DL360 Gen10 Support 2 $2,098.61 $4,197.22 CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. Page #:3 of 3 Date:1/20/2021 Documents #:OP-000589853 SO-000648412 Solution Name:HPE Implementation Utilities Customer:City of Englewood Page 226 of 518 Solution Summary Fortinet Firewall Customer:City of Englewood Ship To Address:, Bill To Address:1000 Englewood Pkwy Englewood, CO 80110-2373 Customer ID:VTWCITENG0001 Customer PO: Primary Contact:Jeromy King Email:jking@englewoodco.gov Phone:(303) 783-6831 National Account Manager:Lori Boan Email:LBoan@convergeone.com Phone:+19137443256 Solution Summary Current Due Next Invoice Due Remaining Total Project Hardware $8,259.56 One-Time $8,259.56 Project Subtotal $8,259.56 $8,259.56 Estimated Tax NOT INCLUDED Estimated Freight NOT INCLUDED Project Total $8,259.56 $8,259.56 This Order is a configured order and/or contains software. This Solution Summary summarizes the document(s) that are attached hereto and such documents are incorporated herein by reference (collectively, this “Order”). Customer's signature on this Order (or Customer's issuance of a purchase order in connection with this Order) shall represent Customer's agreement with each document in this Order and acknowledgement that such attached document(s) are represented accurately by this Solution Summary. Unless otherwise specified in this Order, this Order shall be subject to the following terms and conditions (the “Agreement”): (i) the Master Sales Agreement or other applicable master agreement in effect as of the date hereof between ConvergeOne, Inc. and/or its subsidiaries and affiliates (collectively, "C 1" or "ConvergeOne" or "Seller") and Customer; or (ii) if no such master agreement is currently in place between C1 and Customer, the Online General Terms and Conditions currently found on the internet at: https://www.convergeone.com/online-general-terms-and-conditions/ . If Customer’s Agreement is a master agreement entered into with one of ConvergeOne, Inc.'s predecessors, affiliates and/or subsidiaries ("Legacy Master Agreement"), the terms and conditions of such Legacy Master Agreement shall apply to this Order, subject to any modifications, located at: https://www.convergeone.com/online-general-terms-and- conditions/ . In the event of a conflict between the terms and conditions in the Agreement and this Order, the order of precedence shall be as follows: (i) this Order (with the most recent and specific document controlling if there are conflicts between the Solution Summary and any applicable supporting document(s) incorporated into this Order), (ii) Attachment A to the Agreement (if applicable), and (iii) the main body of the Agreement. This Order may include the sale of any of the following to Customer: (a) any hardware, third party software, and/or Seller software (collectively, “Products”); (b) any installation services, professional services, and/or third party provided support services that are generally associated with the Products and sold to customers by Seller (collectively, “Professional Services”); (c) any Seller-provided vendor management services, software release management services, remote monitoring services and/or, troubleshooting services (collectively, “Managed Services”); and/or (d) any Seller-provided maintenance services ordered by Customer to maintain and service Supported Products or Supported Systems at Supported Sites to ensure that they operate in conformance with their respective documentation and specifications (collectively, “Maintenance Services”). For ease of reference only, Professional Services, Managed Services and Maintenance Services may be referred to collectively as “Services.” Unless otherwise defined herein, capitalized terms used herein will have the same meanings as set forth in the Agreement. Products and/or Services not specifically itemized are not provided hereunder. This Order will be valid for a period of thirty (30) days following the date hereof. Thereafter, this Order will no longer be of any force and effect. Solution Quote #Item Number Description Term Qty Unit Price Extended Price NCPA 01-97 CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. Page #:1 of 2 Date:1/28/2021 Documents #:OP-000589905 SO-000648485 Solution Name:Fortinet Firewall Customer:City of Englewood Page 227 of 518 Solution Quote #Item Number Description Term Qty Unit Price Extended Price 1 FG-200E-BDL-811- 12 FortiGate-200E Hardware plus 1 Year 24x7 FortiCare and FortiGuard Enterprise Prot FG-200E-BDL-811-12 FortiGate-200E Hardware plus 1 Year 24x7 FortiCare and FortiGuard Enterprise Protection 2 $4,129.78 $8,259.56 CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. Page #:2 of 2 Date:1/28/2021 Documents #:OP-000589905 SO-000648485 Solution Name:Fortinet Firewall Customer:City of Englewood Page 228 of 518 SCADA Server Virtualization Monday, June 21, 2021 City Council, Regular Session Steve Simon, Utilities Deputy Director –Engineering Page 229 of 518 Purpose Critical operational and regulatory data system Improve operational reliability Reduce operational risk Current State Future State Local hard-drive storage Alignment with City/industry standards No internal system backup Routine and automated backups Poor data recovery functionality High level data recovery Limited data accessibility by City staff Secure access to data by necessary City staff Improved operations Page 230 of 518 Current SCADA Server Project Need New Virtual SCADA Server Modernize control system consistent with industry best practice •Virtualization •Routine system backups •Firewall Page 231 of 518 Q&A Page 232 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Steve Simon DEPARTMENT: Utilities DATE: June 21, 2021 SUBJECT: Contract award to replace filter system controls at the Allen Water Treatment Plant DESCRIPTION: Professional Services Agreement (PSA) with Huffman Engineering to procure, install, and program a new Filter Interface Panel (FIP) and control software at the Allen Water Treatment Plant (WTP). RECOMMENDATION: Staff recommends City Council approve, by Motion, a PSA with Huffman Engineering, in an amount not to exceed $530,290, to replace the FIP at the Allen WTP and install new plant-wide control software. PREVIOUS COUNCIL ACTION: On October 19, 2020, Council approved the 2021 Utilities Capital Improvement Program budget which included $3,000,000 for electrical, instrumentation, and control improvements. SUMMARY: The 2020 Water Master Plan identified electrical and control systems upgrades at the Allen WTP as a high priority. The FIP was identified as one of the most vulnerable electrical and control system assets, due to its obsolescence and the criticality of the filter system to Allen WTP operations. The first phase of this project is replacement of the human machine interface (HMI) software. The HMI is the computer control system WTP operators use to monitor and control treatment processes throughout the plant. The updated HMI will support industry best practice control systems graphics and allow for improved remote operations of plant processes. The second phase of the project is the replacement of the FIP hardware and software and associated filter process automation programming. Huffman Engineering will build and install the new FIP and Golden Automation will program the new control system under a sub-contract with Huffman Engineering. On June 8, 2021, the Water and Sewer Board voted to recommend Council approve entering into a PSA with Huffman Engineering, to perform the work. Page 233 of 518 ANALYSIS: Professional services are required to execute the work due to the specialized expertise and resources needed to install and program control system hardware and software. A Request for Proposal (RFP) was advertised on the Rocky Mountain E-Purchasing System (Bid Net) to solicit bids for this project. Two bids were submitted in response to the RFP. Contractor Name Total Fee Huffman Engineering, Inc. $530,290 Browns Hill Engineering and Controls, Inc. $628,015 The selection panel consisted of Engineering and Operations staff that evaluated and scored the proposals based on the following criteria: • Project Understanding and Management Approach • Project Team Experience and Technical Capability • Price Proposal The selection panel scored Huffman Engineering higher for the following reasons: • Strong experience locally and regionally in performing similar work • Highest value to the City based on their low bid, qualifications, and sound approach to complete the work • Professional certification from the Control System Integrators Association (CSIA), which affirms that Huffman Engineering has exceeded best practices in the following key areas: o Financial Management o Project Management o System Development Lifecycle o Quality Management o Information Systems Management & Cyber Security CONCLUSION: Staff recommends City Council approve, by Motion, a Professional Services Agreement with Huffman Engineering, in an amount not to exceed $530,290, to execute the work. Huffman Engineering has extensive experience in performing control systems integration and installation, and brings strong technical experience and water utility recommendations on similar projects. FINANCIAL IMPLICATIONS: Funding for the FIP Replacement Project is available and included in the Utilities 2021 Budget. 2021 Line Item 2021 Line Item Budget Amount YTD Line Item Encumbered YTD Line Item Expensed Purchase Amount 2021 Line Item Budget Amount Remaining 40–1609– 61251 $3,000,000.00 $828,662.92 $205,162.30 $530,290.00 $1,435,884.78 Page 234 of 518 CONNECTION TO STRATEGIC PLAN: Infrastructure: • Establish a long-term Capital Improvement Program Sustainability • Develop a proactive capital plan to address needed capital and maintenance of City buildings • Invest in water infrastructure OUTREACH/COMMUNICATIONS: Not applicable. ATTACHMENTS: Contract Approval Summary Professional Services Agreement RFP Proposal Response from Huffman Engineering Page 235 of 518 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Mike Assante Phone: O: 303.762.2685 C: 720.392.5316 Title: Project Engineer Email: massante@englewoodgov.com Vendor Contact Information Vendor Name: Huffman Engineering, INC. Vendor Contact: Don Glatt Vendor Address: 112 Inverness Circle East Vendor Phone: O: 720.902.5471 City: Englewood Vendor Email: dglatt@huffmaneng.com State: CO Zip Code: 80112 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☒Certificate of Insurance Summary of Terms: Start Date: June 2021 End Date: June 2022 Total Years of Term: 1 year Total Amount of Contract for term (or estimated amount if based on item pricing): $ 530,290 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): City will pay Contractor on a monthly basis within 30 days of receipt of invoices. All payments to Contractor are contingent on Contractor’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. The first phase of this project will be to replace the HMI software in the control room of the Allen WTP to the most up-to-date software available. The updated HMI will support industry best practice control systems graphics and allow for improved remote operations of this FIP upgrade and future control system upgrades. The second phase of the project includes the replacement of the FIP hardware and software and associated filter process automation programming. Huffman Engineering will build the new FIP and Golden Automation, a City specified sub- contractor, will program the new control system scheme. Page 236 of 518 Contract Approval Summary March 2019 Update Page | 2 Attachments: ☐Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☒Bid: ☒ Bid Evaluation Summary attached ☒ Bid Response of Proposed Awardee ☒RFP: ☒ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☒ Qualification Based Selection / Best Value* (Continue on Next Page): Page 237 of 518 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 Huffman demonstrated their reliability to perform the work through multiple local client referrals who have previously contracted with them on projects with a similar scope. Members of Englewood Engineering team contacted two references in Colorado to discuss their experience with Huffman in detail to confirm this. 2.) Product and project understanding Huffman demonstrated a detailed project understanding and a pointed interested in communicating with the City to clearly identify goals and outcomes of the project that were tailored to the City. This understanding was detailed throughout their proposal. The team Huffman proposed for the project included several highly experienced team members who will be supporting this project. 3.) Product availability / Low risk solution City staff believes Huffman represents the low-risk solution based on the following key factors that were illustrated in their proposal: a. Project Understanding and Management Approach: Huffman demonstrated clear understanding of water system controls integration and plans to engage City O&M and Engineering staff to ensure the outcome of the project meets the City’s expectations. b. Project Team & Technical Capability: The Huffman team for this project will be led by a senior project manager with extensive control system project management experience, which reaffirms the company’s interest in delivering a good product. The team also has extensive experience delivering Control Systems Projects of similar size and scope in Colorado and the surrounding area. c. Price Proposal: The price proposal was approximately $100,000 below the only other firm that submitted a proposal for this project d. Overall Proposal Quality & Responsiveness: Highly responsive and quality proposal that, when combined with the quality of the project team and past project experience, scored the highest out of the two reviewed proposals based on the City’s internal review process. 4.) Ability to connect to with current City of Englewood IT systems Not applicable to this project. 5.) Familiarization with the City of Englewood This will be the first time the City has contracted with Huffman. The company has a local office in Englewood, CO and has done a lot of work in the state of Colorado with nearby water utilities. Page 238 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 1 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/21-61 Filter Interface Panel Replacement $530,290.00 (Not to exceed) This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Huffman Engineering, Inc., a Colorado corporation (“Consultant”), and The City of Englewood, Colorado, a municipal corporation organized under the laws of the State of Colorado (“City”). City desires that Consultant, from time to time, provide certain consulting services, systems integration services, data conversion services, training services, and/or related services as described herein, and Consultant desires to perform such services on behalf of City on the terms and conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. (c) "Contract" shall mean this instrument, Attachment A the Outline of the Statement of Work, Attachment B Consultant's Proposal, Attachment C Certificate of Insurance and any instruments, drawings and Page 239 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 2 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement documents which are attached or incorporated by reference. The Consultant, by executing this Contract, agrees to comply with all such terms and conditions and attachments. In addition, any exhibits provided by the Consultant, shall be incorporated and made a part of this Contract. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Outline of Statement of Work”) for City, and in such additional Statements of Work as may be executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything, necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing Page 240 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 3 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one-year period, if the parties desire to extend this Agreement beyond the one-year period, written notice shall be given to the other party no later than thirty (30) days prior to the end of the one- year period. If the parties agree to the request for renewal, the parties shall then enter into a renewal extending this Agreement including a new Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement may be subject to the approval of the Englewood City Council pursuant to the City's Purchasing Policies. The parties also understand and acknowledge that the extension of this contract beyond the initial one-year period is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, Page 241 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 4 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third-party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of Page 242 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 5 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know -How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter Page 243 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 6 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional and workmanlike manner. (c) Personnel. Unless a specific number of employees is set forth in the Statement of Work, Consultant warrants it will provide sufficient employees to complete the Services ordered within the applicable time frames established pursuant to this Agreement or as set forth in the Statement of Work. During the course of performance of Services, City may, for any or no reason, request replacement of an employee or a proposed employee. In such event, Consultant shall, within five (5) working days of receipt of such request from City, provide a substitute employee of sufficient skill, knowledge, and training to perform the applicable Services. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. (d) Compensation and Benefits. Consultant shall provide for and pay the compensation of employees and shall pay all taxes, contributions, and benefits (such as, but not limited to, workers’ compensation benefits) which an employer is required to pay relating to the employment of employees. City shall not be liable to Consultant or to any employee for Consultant’s failure to perform its compensation, benefit, or tax obligations. Consultant shall indemnify, defend and hold City harmless from and against all such taxes, contributions and benefits and will comply with all associated governmental regulations, including the filing of all necessary reports and returns. 14. Indemnification. (a) Consultant Indemnification. Consultant shall indemnify, defend and hold harmless City, its directors, officers, employees, and agents and the heirs, executors, successors, and permitted assigns of any of the foregoing (the “City Indemnitees”) only to the extent and for an amount represented by the degree or percentage of negligence or fault attributable to the Consultant, from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, Page 244 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 7 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. Page 245 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 8 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum Page 246 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 9 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not affect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) Page 247 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 10 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8, 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or Page 248 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 11 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has not knowingly employed or contracted with an illegal alien. (d) Duty to Comply with State Investigation: Consultant shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5) (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Consultant’s breach of any section of this paragraph or provisions required pursuant to CRS 8-17.5-102. Consultant shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 34. Page 249 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 12 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk Huffman Engineering, INC. (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ Page 250 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 13 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement ATTACHMENT A OUTLINE OF STATEMENT OF WORK 1. GENERAL This Schedule A is attached to and made part of the Professional Services Agreement (PSA) dated _______________, 2021, between the City of Englewood (CITY) and Huffman Engineering, INC. (CONSULTANT) for the Filter Interface Panel Replacement Project for the City of Englewood, Utilities Department. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Huffman Engineering, INC. City of Englewood Don Glatt Mike Assante 112 Inverness Circle East 1500 W Layton Avenue Suite E Englewood, CO 80202 Englewood, CO 80112 O: 303.762.2685 O: 720.902.5471 C: 720.392.5316 dglatt@huffmaneng.com massante@englewoodgov.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK The objective of this project is to update the aging Filter Interface Panel (FIP), plant Human Machine Interface (HMI) software, modernize filter control techniques and perform miscellaneous networking upgrades. The FIP monitors and controls filter and backwash processes. This includes flow control, filter activation and deactivation, backwash blower controls, backwash pump controls and backwash system valve controls. Some backwash air scour and pumping equipment is controlled from other PLC’s. The FIP was installed during the initial SCADA and control project completed in the late 1990’s. Very few hardware improvements have been performed since that time. As a result, many hardware components are obsolete and no longer supported. This makes it operationally challenging and elevates system risk to keep the FIP operable. The project includes two major components of work: 10 Physical upgrades and repairs to the FIP panel and related wiring systems (to be performed by Huffman Engineering, Inc), and 2) control system software upgrades and system programming (to be subcontracted to the City’s designated programmer – Golden Automation, LLC). 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER CONSULTANT RESOURCES Control system software upgrades and system programming is to be subcontracted to the City’s designated programmer (Golden Automation, LLC). Page 251 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 14 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Huffman Engineering Inc., supplied controls system equipment: • Filter Interface Panel o (3) ControlLogix 5580 Controller o (3) ControlLogix Power Supply o (6) Analog Input Module, 16-CH o (3) Analog Output Module, 8-CH o (13) Digital Input Module, 16-CH o (8) Digital Output Module, 16-CH o (2) Quint Power Supply o (1) Quint Redundancy Module o (1) Chassis Mount, 7-slot o (1) Chassis Mount, 13-slot o (1) Chassis Mount, 17-slot o (1) Hirschmann Bobcat Ethernet Switch o (1) PanelView Plus 7 Standard Operator interface, 15-inch o (1) UPS o (1) UPS bypass Switch o (1) Replacement left enclosure door o (1) Replacement right enclosure door o (1) Adjacent Hoffman 48x48x12 enclosure and backpanel (as required) • Main Control Panel o (1) Hirschmann Bobcat Ethernet Switch o (1) Communications Module (PLX31-EIP-MBS4) o (1) Communications Module (PLX31-EIP-MBTCP) • Chemical Interface Panel o (1) Hirschmann Bobcat Ethernet Switch • UV Control Panel o (1) Hirschmann Bobcat Ethernet Switch • Pretreatment Interface Panel o (1) Hirschmann Bobcat Ethernet Switch • Spares o (1) ControlLogix 5580 Controller o (1) ControlLogix Power Supply o (1) Analog Input Module, 16-CH o (1) Analog Output Module, 8-CH o (1) Digital Input Module, 16-CH o (1) Digital Output Module, 16-CH o (1) Quint Power Supply o (1) Quint Redundancy Module o (1) Chassis Mount, 7-slot o (1) Chassis Mount, 13-slot o (1) Chassis Mount, 17-slot o (1) Hirschmann Bobcat Ethernet Switch o (1) Communications Module (PLX31-EIP-MBS4) o (1) Communications Module (PLX31-EIP-MBTCP) • Software o FactoryTalk View SE 10-Client Bundle (9701M-VWSSPT11) Page 252 of 518 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodco.gov 15 PSA # 21-61 Huffman Engineering, INC - Filter Interface Panel Replacement o FactoryTalk Historian SE Standard (9518M-HSET11) o FactoryTalk Historian SE, ODBC Interface (9518M-HSEAORT61) o Historian SE, DataLink Excel Add On, 5 User (9518M_HSERT61) o Studio 5000 Professional Edition (9324M-RLDT31) o Win-911 Interactive Paging Software w/FactoryTalk View Connectivity (w/modem) Huffman Engineering Inc., supplied labor: • Engineering time to attend Project Meetings • Engineering time to develop startup plans detailing work schedule and impact to operations. • Engineering time for submittals. • Engineering design time for system layout and PLC I/O requirements. • Drafting time to create PLC I/O requirements. • Engineering and Technician time for Functional Testing. This includes onsite I/O checkout, instrumentation calibrations, and documentation. • Engineering and Technician time for start-up labor including Loop Checks and Performance Testing. Not to exceed 240 hours. • Engineering time to provide Operations and Maintenance training for HEI provided system. This includes Hardware Overview, Software Overview, Maintenance, Troubleshooting, and Operation. Not to exceed 4 hours. • Engineering time to create Operation and Maintenance Manuals. • Wiring terminations inside control panels and at field devices. • Installation and termination of fiber optic cable. • Installation and termination of Ethernet cable. Huffman Engineering Inc., supplied documentation: • Product Information Submittals. • Panel Layouts, Loop, Panel, and Schematic Drawings Redlines and I/O Drawings. • Spare Parts List. • Startup Plan documents. • On-Site testing documentation. • Operation and Maintenance Manuals. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT ACH or check 9. PAYMENT SCHEDULE Page 253 of 518 Page 254 of 518 Page 255 of 518 112 Inverness Circle East, Suite E Englewood, CO 80112 (303) 376-6280 info@huffmaneng.com This document contains information proprietary to Huffman Engineering, Inc. This information shall not be disclosed to third parties or reproduced in whole or in part for any purpose whatsoever, without prior written permission from Huffman Engineering, Inc. Copyright © 2021 by Huffman Engineering, Inc. City of Englewood – Filter Interface Panel Replacement – Allen Water Treatment Plant PROPOSAL NUMBER CWW255 APRIL 16, 2021 ATTACHMENT B CONSULTANT'S COST PROPOSAL Page 256 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 2 of 8 TABLE OF CONTENTS PROJECT OBJECTIVE AND OVERVIEW ................................................. 3 PROJECT PROPOSAL .................................................................................. 3 Proposal Revision History ............................................................................................ 3 Proposal Summary ........................................................................................................ 3 Assumptions .................................................................................................................. 4 HEI Supplied Electrical Equipment .............................................................................. 4 HEI Supplied Controls Equipment ............................................................................... 4 HEI Supplied Instrumentation ...................................................................................... 5 HEI Supplied Labor ...................................................................................................... 5 HEI Supplied Documentation ....................................................................................... 6 Exclusions ..................................................................................................................... 6 General Exclusions ..................................................................................................6 Labor Supplied by Others ........................................................................................6 Equipment Supplied by Others ................................................................................7 Documentation Supplied by Others .........................................................................7 PRICING INFORMATION ............................................................................ 7 Additive Option #1 – Performance Bond: .................................................................... 8 Payment Terms ............................................................................................................. 8 Page 257 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 3 of 8 PROJECT OBJECTIVE AND OVERVIEW Summary The objective of this project is to update the aging Filter Interface Panel (FIP), plant Human Machine Interface (HMI) software, modernize filter control techniques and perform miscellaneous networking upgrades. The FIP monitors and controls filter and backwash processes. This includes flow control, filter activation and deactivation, backwash blower controls, backwash pump controls and backwash system valve controls. Some backwash air scour and pumping equipment is controlled from other PLC’s. The FIP was installed during the initial SCADA and control project completed in the late 1990’s. Very few hardware improvements have been performed since that time. As a result, many hardware components are obsolete and no longer supported. This makes it operationally challenging and elevates system risk to keep the FIP operable. The project includes two major components of work: 10 Physical upgrades and repairs to the FIP panel and related wiring systems (to be performed by Huffman Engineering, Inc), and 2) control system software upgrades and system programming (to be subcontracted to the City’s designated programmer – Golden Automation, LLC). PROJECT PROPOSAL Proposal Revision History •Initial Issue – April 16, 2021 o This initial issue is based upon the Design Documents posted on BidNet Direct March 30, 2021. Proposal Summary This proposal outlines the services and equipment Huffman Engineering Inc. (HEI) will provide for the Instrumentation and Control System portion of project. HEI will provide labor, hardware, instrumentation, documentation, testing, and training of Owner personnel as specifically stated in this proposal. Huffman Engineering, Inc has 30 plus years of control systems integration experience and has expert knowledge and certifications as listed below: •Rockwell Automation Recognized System Integrator •Schneider Electric Certified Alliance System Integrator •Ignition Gold Certified Integrator •Wonderware Certified System Integrator •Control System Integrators Association (CSIA) certified member •Stratus Certified Solution Architect •PROFIBUS/PROFINET Certified •Thinmanager Certified Partner •XL Reporter •Cognex Certified System Integrator •Kepware Silver System Integrator •ISA/IEC 62443 Cybersecurity Fundamentals Specials, Certificate 1 Since no specifications were provided, the scope of the work to be performed by Huffman Engineering is related to and based on information listed in the portions of the following documents, all dated March 30, 2021. Page 258 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 4 of 8 •RFP-21-016 Filter Interface Panel Replacement_RFP •RFP-21-016 Attachment D - Project Drawings Assumptions This proposal is based on the following assumptions: •Equipment and labor not furnished under this proposal includes any equipment or labor not specifically described in this proposal. •Reasonable Plant access will be granted to approved HEI personnel to allow for design, installation, and testing functions. •Warranty of all equipment is one (1) year from date of installation. •HEI scope of work is defined within this Proposal Document. All work outside of the Proposal Document is to be done by others. HEI Supplied Electrical Equipment •None HEI Supplied Controls Equipment •Filter Interface Panel o (3) ControlLogix 5580 Controller o (3) ControlLogix Power Supply o (6) Analog Input Module, 16-CH o (3) Analog Output Module, 8-CH o (13) Digital Input Module, 16-CH o (8) Digital Output Module, 16-CH o (2) Quint Power Supply o (1) Quint Redundancy Module o (1) Chassis Mount, 7-slot o (1) Chassis Mount, 13-slot o (1) Chassis Mount, 17-slot o (1) Hirschmann Bobcat Ethernet Switch o (1) PanelView Plus 7 Standard Operator interface, 15-inch o (1) UPS o (1) UPS bypass Switch o (1) Replacement left enclosure door o (1) Replacement right enclosure door o (1) Adjacent Hoffman 48x48x12 enclosure and backpanel (as required) •Main Control Panel o (1) Hirschmann Bobcat Ethernet Switch o (1) Communications Module (PLX31-EIP-MBS4) o (1) Communications Module (PLX31-EIP-MBTCP) •Chemical Interface Panel o (1) Hirschmann Bobcat Ethernet Switch •UV Control Panel o (1) Hirschmann Bobcat Ethernet Switch •Pretreatment Interface Panel o (1) Hirschmann Bobcat Ethernet Switch Page 259 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 5 of 8 •Spares o (1) ControlLogix 5580 Controller o (1) ControlLogix Power Supply o (1) Analog Input Module, 16-CH o (1) Analog Output Module, 8-CH o (1) Digital Input Module, 16-CH o (1) Digital Output Module, 16-CH o (1) Quint Power Supply o (1) Quint Redundancy Module o (1) Chassis Mount, 7-slot o (1) Chassis Mount, 13-slot o (1) Chassis Mount, 17-slot o (1) Hirschmann Bobcat Ethernet Switch o (1) Communications Module (PLX31-EIP-MBS4) o (1) Communications Module (PLX31-EIP-MBTCP) •Software o FactoryTalk View SE 10-Client Bundle (9701M-VWSSPT11) o FactoryTalk Historian SE Standard (9518M-HSET11) o FactoryTalk Historian SE, ODBC Interface (9518M-HSEAORT61) o Historian SE, DataLink Excel Add On, 5 User (9518M_HSERT61) o Studio 5000 Professional Edition (9324M-RLDT31) o Win-911 Interactive Paging Software w/FactoryTalk View Connectivity (w/modem) HEI Supplied Instrumentation •None HEI Supplied Labor •Engineering time to attend Project Meetings •Engineering time to develop startup plans detailing work schedule and impact to operations. •Engineering time for submittals. •Engineering design time for system layout and PLC I/O requirements. •Drafting time to create PLC I/O requirements. •Engineering and Technician time for Functional Testing. This includes onsite I/O checkout, instrumentation calibrations, and documentation. •Engineering and Technician time for start-up labor including Loop Checks and Performance Testing. Not to exceed 240 hours. •Engineering time to provide Operations and Maintenance training for HEI provided system. This includes Hardware Overview, Software Overview, Maintenance, Troubleshooting, and Operation. Not to exceed 4 hours. •Engineering time to create Operation and Maintenance Manuals. •Wiring terminations inside control panels and at field devices. •Installation and termination of fiber optic cable. •Installation and termination of Ethernet cable. Page 260 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 6 of 8 HEI Supplied Documentation •Product Information Submittals. •Panel Layouts, Loop, Panel, and Schematic Drawings Redlines and I/O Drawings. •Spare Parts List. •Startup Plan documents. •On-Site testing documentation. •Operation and Maintenance Manuals. Exclusions This proposal specifically excludes all items listed below. General Exclusions •Packaged vendor system components and hardware are not included in the base bid of this proposal and are not provided by HEI. •Factory Acceptance Testing (FAT) documentation and labor for any systems not provided by HEI (i.e. Packaged System suppliers). The Packaged System suppliers will provide all FAT documentation and labor on the panels they fabricate and the programming, which they provide. •Equipment and instrumentation, which is not specifically and entirely listed on the specification instrumentation schedule, will not be provided. Items which are stated (briefly or otherwise) in the specification write-up document, but not listed specifically as an item that is to be provided (in the I/O List, Instrumentation List, etc.) will not be provided. •HEI is not providing labor for any calculations related to seismic rating of panels. •All fiber optic cable connectors and cable testing will be by others as required. •Pipe and “Spool Pieces” are provided by others. HEI is not providing any pipe or spool pieces for connection of instruments. Labor Supplied by Others •SCADA, HMI and PLC programming to be provided by Golden Automation, LLC. •Package System provided software configurations, start-up and testing. •Installation of new field conduit and wiring and removal of existing conduit and wiring. •Installation of motor control centers, panelboards, and VFDs. •Installation of instruments. •Installation of field mounted surge suppressors for instruments. •Installation of Alarm Horns and Lights. •Configuration of any Digital Power Meters (DPM). •Mechanical Piping installation. •Process piping leak detection effort. •Installation of valves, pumps, and all other mechanical equipment. •Coordination labor for determination of requirements for intrinsically safe equipment and barriers is by others. •Functional, Performance, and Unit Testing and coordination labor of non-control system equipment is provided by others. Page 261 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 7 of 8 Equipment Supplied by Others •All pressure taps and valves. •All field instrument/device mounting and accessories. •All mechanical and process piping. •All pumps. •All mounting and misc. hardware items (including Junction Boxes and misc. brackets, Flanges, Nipples, Weld-o-lets, Saddles, etc.). •All Package Control System Control Panels and field mounted devices associated with Package Control Systems. •All limit switches (ZSC or ZSO), analog position indicators, and hand switches for valves or gates. •All solenoid valves, seal flow solenoids, rotameters, flow switches, temperature switches, vibration switches, and motor temperature switches. •All pressure regulating valves, pressure control valves, and ARV’s. •All intrinsically safe barriers that are required by code or that are field mounted outside of a panel furnished by HEI will not be provided by HEI. •All fiber Optic Trunk Cable. •All field Conduit and Wire. Documentation Supplied by Others Huffman Engineering will be supplied with all applicable documentation including: •Final design documents (Specifications). •Submittal information for equipment supplied by others. •Equipment testing documentation (i.e. functional, performance, 5-day testing, etc.). •Startup documentation and startup plan. •Detailed schedule. PRICING INFORMATION Contractor Labor $ 104,510 -Administration – Proposal, Project Management (10%), Meetings, Travel o 150 Hours at $135/hour & 16 Hours at $85/hour - $21,610 -Design – Engineering Design, Submittals, Drafting o 180 Hours at $135/ & 80 Hours at $65/hour -$29,500 -Development – Configuration, Procurement, Assembly, Demo o 120 Hours at $85/hour -$10,200 -Traceability – Commissioning & Training Docs, O&M Manuals, FAT o 80 Hours at $135/hour -$10,800 -Implementation and Testing – I/O checkout, Start-up, Training o 240 Hours at $135/hour -$32,400 Expenses (Insurance, Travel, etc…,) $ 14,450 Materials (excluding sales tax) $ 185,680 Subcontractor Labor + Markup $ 225,650 Total Bid $ 530,290 Page 262 of 518 City of Englewood – FIP Replacement at Allen WTP CWW255 Copyright © 2021 by Huffman Engineering, Inc. Page 8 of 8 Additive Option #1 – Performance Bond: The base proposal does not include the cost of a performance bond. If a performance bond is required, there will be an additional charge of 2% of the Total Proposal Price. •This proposal price does not include sales tax. Exemption form will need to be provided. •This proposal price is valid until October 16, 2021. Following this date, equipment pricing will escalate 6% per year due to equipment supplier price increases. Past due accounts are subject to a service charge of 1.5% per month or the maximum permitted by law. •All change requests after the acceptance of this proposal will be evaluated for impact to project cost and schedule, and may consequently result in change orders. •Time spent on-site due to equipment not ready, errors in fabrication or field wiring, or any other circumstance beyond our control will be invoiced at the appropriate rate plus expenses. Payment Terms 90% Billed monthly based on percent of completion. 10% Upon final completion. Prepared By: Huffman Engineering, Inc. Don Glatt, PMP Date Project Manager / Engineer Page 263 of 518 Programming Proposal Proposal 2101.v1 - Huffman 4/7/2021 Scope of Services: Phase Cat2 Item Notes Install Maint Install/Config Rockwell PLC Software On Maintenance Computer Install HMI Install/Config Rockwell HMI Software On Combined FTE Server, HMI Server, Emergency Laptop, Client Computers - requires software purchase Install Hist Install/Config Rockwell Historian Software On Hist Server, Vision Server, Interface Nodes Install Hist Install/Config Rockwell Historian Excel Tool For configuring tags and reporting Install PLC Install/Config Modbus RTU to PLC Gateway For communication between existing radio system and new PLC Install PLC Install/Config Modbus TCP to PLC Gateway For communication between existing power monitors and new PLC Install Maint Implement backup procedures For backing up all files, including PLC, HMI, and Historian Standards HMI HMI Standards Planning Workshop 2 GA Attendees, Including Prep Time - provided under support budget prior to FIP project Standards PLC Develop/Update standard PLC memory/code blocks Update SPR based on current technology/methodology/workshop Standards HMI Develop/Update standard HMI symbols Update SPR based on current technology/methodology/workshop Standards HMI Develop HMI Screen Tiling Framework Update SPR based on current technology/methodology/workshop Standards HMI Develop Standard Pop-Up Graphic Framework Update SPR based on current technology/methodology/workshop Standards Eng Develop Programming Database Framework Based on SPR with current technology/methodology Standards Hist Develop logging plan Determine what data to permanently log Conversion HMI Convert existing tag database to FactoryTalk Convert iFix tags to FactoryTalk tags Conversion HMI Convert existing graphics to FactoryTalk Half day per existing screen Conversion HMI Establish communications with Radio System On existing HMI, redirect tags to PLC data obtained from gateway Conversion HMI Establish communications with Power Monitors On existing HMI, redirect tags to PLC data obtained from gateway Conversion Hist Extract and convert existing historical data Convert to Rockwell format and backfill data FIP Eng Develop Control Strategy Similar to SPR format - provided under support budget prior to FIP project Allen WTP Filter Interface Panel Upgrades Huffman Engineering Inc. c/o Don Glatt (720) 902-5471 Project Bid Date: April 16, 2021 Golden Automation, LLC Fred Wilson 4071 Easley Way Golden, CO 80403 (303) 570-5909 Fred@GoldenAutomation.com P2101 - Golden Automation Scope and Fee.v1.xlsx Page 1 of 2 Prepared by Fred WilsonPage 264 of 518 Programming Proposal Proposal 2101.v1 - Huffman 4/7/2021 Phase Cat2 Item Notes FIP Eng Develop Tag Heirarchy Under-the-hood tag management FIP Eng Develop Tag I/O List Physical I/O connections - convert excel to database format and coordinate with integrator FIP Eng Develop Tag Properties List Internal properties of each valve/instrument FIP PLC Program I/O mapping Based on I/O list. FIP PLC Program Basic Operation Develop standard code for each valve/instrument FIP PLC Program Custom Control Strategy Main filter and backwash control strategy programming FIP HMI Filter Main Screen Screen showing all 5 filters and KPI FIP HMI Filter Detail Screen Detailed screen for each filter with all valves & instruments FIP HMI Valve pop-up Screen Unique pop-up control graphic for each valve type - modulating, open/close FIP HMI Filter History Screen Detailed performance log for each filter FIP HMI Trend Screen Reuseable trend screen for all trends FIP HMI Alarm Screen Reuseable alarm screen FIP HMI Alarm History Screen Reuseable alarm history screen FIP PLC Startup and Commissioning Two days per filter startup FIP PLC Manage existing iFix during transition Keep two HMI systems running for short duration. FIP Eng Coordination meetings Included in General Support Meeting FIP PLC Establish communications with other PLCs For flow pacing, starting backwash equipment, etc. FIP HMI Training Operator training for new functionality FIP HMI Develop PanelView program For emergency FIP control if HMI has outage FIP Eng Project Management and Contractor Meetings Total Project Cost $205,128 Scope Limitations and Excluded Items: • • • • • All programming services will be performed on computer hardware and software provided by the end customer (COE). Scope is contingent up virtual server architecture being provided by COE prior to migration of existing HMI to new platform. Programming of smart valves and instruments not included. Items are anticipated to be included in a future project Scope of work is limited to the tasks listed above. Modifications to scope or level-of-effort may incur additional costs Engineering of mechanical and electrical systems are provided by others Scope of work includes programming services only. No material or installation services are provided P2101 - Golden Automation Scope and Fee.v1.xlsx Page 2 of 2 Prepared by Fred WilsonPage 265 of 518 5301 North 57th Street, Lincoln, Nebraska 68507, Telephone: 402-464-6823, Fax: 402-464-6892 112 Inverness Circle East, Suite E, Englewood, CO 80112, Telephone: 303-376-6280 April 16, 2021 Eva Boyd Procurement Administrator Finance Department City of Englewood 1000 Englewood Parkway Englewood, CO 80002 RFP #21-016 Professional Services for the Filter Interface Panel Replacement – Allen WTP Huffman Engineering, Inc 112 Inverness Circle East, Suite E Englewood, CO 80112 Please find the enclosed technical proposal and supporting documentation regarding Professional Engineering Services for the Filter Interface Panel Replacement at the Allen Water Treatment Plant. Huffman Engineering, Inc. has over 30 years of experience in the water/wastewater industry as an electrical control systems integrator and electrical engineering firm with offices in Englewood, Colorado and Lincoln, Nebraska. The Huffman Engineering Team has developed a reputation for innovation, dependability and trustworthiness in the water/wastewater industry by providing quality solutions for municipalities that range in size from several thousand to hundreds of thousands of users. No matter what the size, one constant remains true; Huffman Engineering consistently exceeds customer expectations resulting in mutually beneficial long-term relationships. We appreciate your time in reviewing this proposal and we look forward to working with the City of Englewood in the future. Howard H. Huffman shall be the Huffman Engineering, Inc. signatory for any contract documents executed with the City of Englewood. Our Statement of Foreign Entity Authority for the State of Colorado is attached. Sincerely, Howard H. Huffman, P.E. Wendy Huffman Don Glatt, PMP COO/President CEO/CFO Project Manager, Engineer (402) 323-5660 (402) 323-5661 (720) 902-5471 hhuffman@huffmaneng.com whuffman@huffmaneng.com dglatt@huffmaneng.com ATTACHMENT CONSULTANT'S TECHNICAL PROPOSAL Page 266 of 518 Page 267 of 518 AUTHORITY Page 1 of 3 Rev. 12/01/2011 Document must be filed electronically. Paper documents are not accepted. Fees & forms are subject to change. For more information or to print copies of filed documents, visit www.sos.state.co.us. ABOVE SPACE FOR OFFICE USE ONLY Statement of Foreign Entity Authority filed pursuant to § 7-90-803 of the Colorado Revised Statutes (C.R.S.) 1. The entity ID number, the entity name, and the true name, if different, are Entity ID number ______________________________________________________ (Colorado Secretary of State ID number) Entity name ______________________________________________________ True name ______________________________________________________. (if different from the entity name) 2. The form of entity and the jurisdiction under the law of which the entity is formed are Form of entity ______________________________________________________ Jurisdiction ______________________________________________________. 3. The principal office address of the entity’s principal office is Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________ (Province – if applicable) (Country) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) 4. The registered agent name and registered agent address of the entity’s registered agent are Name (if an individual) ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) or (if an entity) ______________________________________________________ (Caution: Do not provide both an individual and an entity name.) Suite 100 Nebraska 20161355750 Huffman Engineering, Inc. CO United States 80111 The Corporation Company Greenwood Village Foreign Corporation 7350 E. Progress Place Colorado Secretary of State Date and Time: 05/23/2016 04:15 PM ID Number: 20161355750 Document number: 20161355750 Amount Paid: $100.00 Page 268 of 518 AUTHORITY Page 2 of 3 Rev. 12/01/2011 Street address ______________________________________________________ (Street number and name) ______________________________________________________ __________________________ CO ____________________ (City) (State) (ZIP Code) Mailing address ______________________________________________________ (leave blank if same as street address) (Street number and name or Post Office Box information) ______________________________________________________ __________________________ CO ____________________. (City) (State) (ZIP Code) (The following statement is adopted by marking the box.) The person appointed as registered agent above has consented to being so appointed. 5. The date the entity commenced or expects to commence transacting business or conducting activities in Colorado is __________________________. (mm/dd/yyyy) 6.(If applicable, adopt the following statement by marking the box and include an attachment.) This document contains additional information as provided by law. 7.(Caution: Leave blank if the document does not have a delayed effective date. Stating a delayed effective date has significant legal consequences. Read instructions before entering a date.) (If the following statement applies, adopt the statement by entering a date and, if applicable, time using the required format.) The delayed effective date and, if applicable, time of this document is/are __________________________. (mm/dd/yyyy hour:minute am/pm) Notice: Causing this document to be delivered to the Secretary of State for filing shall constitute the affirmation or acknowledgment of each individual causing such delivery, under penalties of perjury, that the document is the individual's act and deed, or that the individual in good faith believes the document is the act and deed of the person on whose behalf the individual is causing the document to be delivered for filing, taken in conformity with the requirements of part 3 of article 90 of title 7, C.R.S., the constituent documents, and the organic statutes, and that the individual in good faith believes the facts stated in the document are true and the document complies with the requirements of that Part, the constituent documents, and the organic statutes. This perjury notice applies to each individual who causes this document to be delivered to the Secretary of State, whether or not such individual is named in the document as one who has caused it to be delivered. 8. The true name and mailing address of the individual causing the document to be delivered for filing are ____________________ ______________ ______________ _____ (Last) (First) (Middle) (Suffix) ______________________________________________________ (Street number and name or Post Office Box information) ______________________________________________________ __________________________ ____ ____________________ (City) (State) (ZIP/Postal Code) _______________________ ______________. (Province – if applicable) (Country) (If the following statement applies, adopt the statement by marking the box and include an attachment.) This document contains the true name and mailing address of one or more additional individuals causing the document to be delivered for filing. United States Boulder Maura 80302 06/01/2016 Denver Faegre Baker Daniels LLP 1470 Walnut Street, Suite 300 4 M.Coffin 1675 Broadway 80202 CO Page 269 of 518 AUTHORITY Page 3 of 3 Rev. 12/01/2011 Disclaimer: This form/cover sheet, and any related instructions, are not intended to provide legal, business or tax advice, and are furnished without representation or warranty. While this form/cover sheet is believed to satisfy minimum legal requirements as of its revision date, compliance with applicable law, as the same may be amended from time to time, remains the responsibility of the user of this form/cover sheet. Questions should be addressed to the user’s legal, business or tax advisor(s). Page 270 of 518 Part 1 – Executive Summary City of Englewood #21-016 Technical Proposal Executive Summary Huffman Engineering has served municipalities and industrial customers since 1987. With offices in both Englewood, Colorado and Lincoln, Nebraska, our company has greatly benefitted from a diverse group of customers and business partners by providing innovative solutions to an array of complex problems. We have found our customer diversity to be one of our greatest strengths in that it allows us to share Best Practices from each sector and continuously improve our operations as a whole. With over 20 municipality customers alone, our resident expertise to provide water/wastewater solution to the City of Englewood is second to none. At Huffman Engineering, we take pride in hiring some of the best engineers and technicians in the industry who have exceptional backgrounds and experiences. To ensure we have the ability to rapidly respond to our customer’s needs, Huffman Engineering employs 24 degreed engineers and a host of supporting electronics technicians, CAD design technicians and licensed electricians. Additionally, seven employees hold a Professional Engineer certification and two employees hold a Project Management Professional certification. In addition to a fully certified UL508 shop in Colorado, Huffman Engineering also houses the oldest UL508 and UL696 shop in Eastern Nebraska. Control panels are custom built in-house by experienced technicians to exacting industry standards that are clearly labeled, documented and tested before leaving the shop to ensure quality to customers. Huffman Engineering is perfectly positioned as the Business Partner of choice to ensure all the City of Englewood objectives for the Allen Water Treatment Plant Filter Interface Panel Replacement project are accomplished. Specifically: o Quality – Work products and deliverable will be consistent with project specifications and in full compliance with federal, state and local regulations. o Cost – Cost-effective to comply with the City of Englewood’s project budget. o Schedule – Meet or exceed the scheduled milestones and ultimate completion date for the project. o Minimize Operations Disruptions – Execute the project in a manner that minimizes operational disruptions and avoids any disruption to service to the City customers. Communication will be the key! o Safety – Execute the work safely, incorporating best industry practices for protection of City, Contractor and Subcontractor Staff. Page 271 of 518 Part 2 – Experience and Technical Capability City of Englewood #21-016 Technical Proposal Major Services and Expertise Huffman Engineering set a new standard of excellence by recently passing its sixth Control Systems Integrator Association (CSIA) audit since 2005. “Certified Member” recognition is considered the gold standard for Automation and Control System Integration companies and is only attained by meeting stringent performance standards through an intensive audit process. In addition to CSIA, Huffman Engineering also holds the following professional certifications: •Rockwell Automation Recognized System Integrator •Wonderware Certified System Integrator •Schneider Electric Certified Alliance Integration Partner •Ignition Gold Certified System Integrator •Kepware Silver System Integrator •Stratus Solution Partner •ThinManager Certified Integrator •Profibus Certified •ISA/IEC 62442 Cybersecurity Certified •OSHA 10/30 Certified We understand that each customer has unique SCADA/PLC/HMI solutions package requirements, so we offer a wide array of expertise in multiple legacy and current hardware and programming platforms. Organizational Chart (Operational) Below is the proposed Project Team for City of Englewood RFP #21-016 with additional resources and expertise available as required. Key personnel will be utilized throughout the life of the project. Page 272 of 518 Part 2 – Experience and Technical Capability City of Englewood #21-016 Technical Proposal Staff Qualifications Below is a partial list of Huffman Engineering, Inc. professionals who would be servicing the City of Englewood for RFP #21-016. Please refer to their attached biographies for more information. Howard Huffman, P.E. – President, COO & Senior Electrical Engineer B.S. Electrical Engineering / University of Nebraska-Lincoln, M.S. Electrical Engineering / Rose-Hulman Institute of Technology, IEEE Power Engineering Society, Industrial Applications Society, Industrial Power System Maintenance Subcommittee, Maintenance Operations Safety Working Group, ISA, IEEE Representative, CSIA Board Member, NWEA, NWOD P.E. certified in Nebraska and Wisconsin Evan Kilgore, P.E. – Senior Electrical Engineer & Project Manager B.S. Electrical Engineering / University of Nebraska-Lincoln, IEEE, ISA, RMSAWWA P.E. certified in Colorado and Nebraska Dan Hruby, P.E. – Senior Electrical Engineer & Project Manager B.S. Electrical Engineering / University of Nebraska-Lincoln P.E. certified in Colorado, Wyoming and Michigan Jim Fricke, P.E. – Senior Electrical Engineer & Project Manager B.S. Electrical Engineering / University of Nebraska-Lincoln / IEEE P.E. certified in Colorado, Nebraska, Iowa, Kansas and Missouri Don Glatt, PMP – Project Manager & Project Engineer B.S. Marine Engineering / United States Naval Academy / PMI Sean Creager – Senior Electrical Engineer B.S. Electrical Engineering / University of Nebraska-Lincoln Nick Hein, MBA – Project Engineer B.S. Mechanical Engineering / University of Wyoming Cole Harris – Project Engineer B.S. Chemical Engineering / Colorado State University / AIChE Bernie Lyons – Shop Manager, Designer & Senior Automation Specialist AAS Machine Tool and Electronics Technology / Southeast Community College Amy Obst – Senior CAD Operator AAS Architectural Technology / Southeast Community College Justin Palensky – Licensed Electrician and Contractor B.A. Doane College and AAS Southeast Community College Page 273 of 518 Part 2 – Experience and Technical Capability City of Englewood #21-016 Technical Proposal Contractor Experience Project Title and Contract Number West Side Pump Station Project - Countryside Pump Station #1586-51001-SC001 Key Personnel E. Kilgore (PM), S, Creager (Sr Eng), N. Hein (Eng), B. Lyons (Shop), A. Obst (CAD) Owner Contact Info Keith Aldrich - Semper WTF Foreman / (303) 658-2483 Period of Performance Nov 2017 – Mar 2019 Contract Value $328,263 Summary of Work Performed The City of Westminster Countryside Pump Station project included the construction of a new 5 million gallon per day potable water pump station, repairs to an existing 3 million gallon concrete water storage tank, and associated civil, architectural, structural, mechanical, and electrical systems. The project also included a new control panel at Standley Lake Pump Station housing relocated radios, a new PLC and I/O module, and an HMI. The Countryside Pump Station portion of the project included a new control panel housing a new PLC and I/O modules, new radios, and an HMI. Countryside Pump Station will also received a Remote HMI Panel. Project Performance Met or exceeded all customer expectations Issues or Challenges None noted Project Title and Contract Number Denver Water – Conduit No. 94 Pipe and Valve Replacement 20-045-S02 Key Personnel E. Kilgore (PM), S, Creager (Sr Eng), N. Hein (Eng), D. Glatt (Eng), C. Harris (Eng), B. Lyons (Shop), A. Obst (CAD) Owner Contact Info Mike Berry – Electrical Senior Inspector / (720) 231-4062 Period of Performance Aug 2020 - Present Contract Value $53,284 Summary of Work Performed The Conduit No. 94 Pipe and Valve Replacement project improved piping at Tennyson Street and piping, valve and the vault at Regis Boulevard. Improvements at Regis Boulevard also included new taps, cathodic protection, an environmental control panel, sump pump control panel, PLC control panel, communication panel, panel board and power meter pedestal. In addition to procurement of electrical distribution and instrumentation equipment, Huffman Engineering designed, built, tested and installed five total control panels, along with the associated programming. Project Performance Met or exceeded all customer expectations Issues or Challenges None noted Page 274 of 518 Part 2 – Experience and Technical Capability City of Englewood #21-016 Technical Proposal Project Title and Contract Number Town of Bennett – Wastewater Treatment Facility Improvements #1580-5000-SC001 Key Personnel E. Kilgore (PM), S, Creager (Sr Eng), N. Hein (Eng), B. Lyons (Shop), A. Obst (CAD) Owner Contact Info Ricky Martinez – Public Works Utilities Supervisor / (303) 644-3249 x1014 Period of Performance Jul 2017 – Mar 2019 Contract Value $354,850 Summary of Work Performed The Town of Bennett Wastewater Treatment Facility Improvements project constructed a new wastewater treatment facility to replace the existing lagoon wastewater treatment plant. The new wastewater treatment facility consisted of an influent lift station, headworks building and operations building. In addition to the procurement of electrical equipment and instrumentation, Huffman Engineering designed, built, tested, installed and programmed all the required control panels for the new facilities. Allen-Bradley CompactLogix hardware was used on this project. Project Performance Met or exceeded all customer expectations Issues or Challenges None noted Project Title and Contract Number Florence WTP SCADA System upgrade #3069-107 Key Personnel H. Huffman (COO), E. Kilgore (Sr Eng), S, Creager (Sr Eng), B. Lyons (Shop), A. Obst (CAD) Owner Contact Info Mike Koenig – Plant Superintendent / (402) 504-7487 Period of Performance Jan 2015 – Aug 2016 Contract Value $694,326 Summary of Work Performed Installed new filter plant control valves, instrumentation and upgraded the SCADA system for the new filter beds. Designed, built, tested and installed new PLC cabinets and backpanels. Project Performance Met or exceeded all customer expectations Issues or Challenges None noted Page 275 of 518 Part 2 – Experience and Technical Capability City of Englewood #21-016 Technical Proposal Project Title and Contract Number Colorado Springs Utilities – Clear Spring Ranch Water Resource Recovery Facility Upgrade #201715408 Key Personnel D.Hruby (PM), S, Creager (Sr Eng), N. Hein (Eng), B. Lyons (Shop), A. Obst (CAD) Owner Contact Info Jessica Davis – CSU Project Manager / (719) 668-7581 Period of Performance Oct 2017 – Aug 2019 Contract Value $70,311 Summary of Work Performed The Colorado Springs Utilities Clear Spring Ranch Water Resource Recovery Facility project upgraded the automation controls for a wastewater facility processing 320,000 gallons of wastewater per day. The primary focus was the design, construction and configuration of the Foundation Fieldbus (FFB) controls network. Huffman Engineering procured all electrical distribution and instrumentation for the project. Additionally, Huffman Engineering designed, built, tested, installed and programmed the 14 required control panels for the project. Project Performance Met or exceeded all customer expectations Issues or Challenges None noted Significant Current Projects MWRD – PAR 1235 RWHTF Support Facility Upgrade ($52,400) Denver Water – Denver Water Vault Modifications 2020/2021 ($119,733) Denver Water – Foothills Treatment Plant Conversion to LAS and Hydro DC ($585,630) City of Aurora – Aurora Gun Club Road Pump Station ($604,458) Colorado Springs Utilities – CSU Mesa WTP Upgrades Program – Phase 1 ($2,101,842) CDOT – Eisenhower / Johnson Memorial Tunnel 480V MCC Replacement ($473,546) Page 276 of 518 Part 3 – Project Understanding, Approach and Anticipated Schedule City of Englewood #21-016 Technical Proposal HUFFMAN ENGINEERING’S STANDARD PROJECT METHODOLOGY The following steps are practiced with projects of every size and tailored to the customer’s needs on each project. Huffman Engineering’s project methodology of careful planning before, consistent monitoring during and quality checkup after projects will assure both high value and high quality for the City of Englewood (Figure 1). Fig. 1 - Project Execution Conforms to CSIA’s Best Practices & Benchmarks, Rev. 5.0 1.Planning & Discovery 1.1 Using careful business analysis to determine and meet scope expectations, Huffman Engineering’s methodology requires reviewing the project specifications in detail early in the project. Proposal specifications for this project have been reviewed by multiple professionals through a series of checks and balances to ensure a complete scope of work was identified. This minimizes misunderstandings and guarantees the City of Englewood the best value possible. By putting an emphasis on communication and information gathering, the Huffman Engineering team understands the customer’s needs and expectations at the beginning of the project. An open flow of dialogue between Huffman Engineering, Golden Automation and the City of Englewood will be critical to the success of this project, and we stand ready to facilitate this process. Page 277 of 518 Part 3 – Project Understanding, Approach and Anticipated Schedule City of Englewood #21-016 Technical Proposal 1.2 Our philosophy involves understanding the end user’s business and process model and incorporating that understanding into the project. Even more important with this specific project is the understanding of the City of Englewood’s critical paths which will guide the scheduling of tasks. A number of critical paths involving filter down-time have been identified in the RFP and Huffman Engineering has a proven track record in incorporating those hard requirements into a successful plan and supporting schedule. The more preparation that is done beforehand, the fewer changes will be necessary during and after the project. 1.3 Another significant challenge resulting from the filter down-time critical path is the transition from the old PLCs to the new PLCs. The easy scenario would be if the existing filter functions were tied to just one PLC which would allow an entire PLC to come down for the sequencing of PLC upgrades in stages. Such is not the case in the current system where you have instances of Filter 2 and Filter 3 functions on the same PLC. Our initial plan to mitigate risks is to mount an additional side cabinet to house the new PLCs to allow for uninterrupted service where required. This plan may change after further investigation and consult, but for purposes of this proposal we have included this option. 2.Design & Development 2.1 While the Huffman Engineering Team prides ourselves in our level of discovery during the proposal phase, the Team reviews the project specifications in even more detail before beginning design and development for the project. Careful documentation including redlined drawings, meeting minutes, customer communications and parts specifications are part of this phase. Every attempt is made to keep the customer in the loop. Changes, suggestions, schedule, and progress reviews are important in maintaining the partnership we develop with the City of Englewood. 2.2 Part of the design phase is further specifying the system beyond what has been collected in the Planning and Discovery phase. This includes developing Submittals to be sent to the City of Englewood and Golden Automation. A standard Huffman Engineering goal of Submittals is approval on first submission – every time! When you concentrate on the details of even the smallest things, the success of the project follows suit. Where required, technical drawings will also be created by a staff professional with over 30 years of AutoCAD experience. 3.Implementation & Quality 3.1 While many people might jump right into the implementation phase of the project, Huffman Engineering has the distinct advantage of having carefully planned out its strategy and design. The work done beforehand provides the basis for quality evaluation and speed in the implementation phase of the project. Page 278 of 518 Part 3 – Project Understanding, Approach and Anticipated Schedule City of Englewood #21-016 Technical Proposal 4.Testing & Commissioning 4.1 On-site installation and integration run smoothly due to the ongoing testing and careful communication used during the implementation phase. The City of Englewood will find the early preparation, testing procedures and communication all work together to provide outstanding value to them at this point. Early preparation during the project helps eliminate costly mistakes and time consuming on-site work during start-up. While important throughout the project, a close working relationship with Golden Automation during integration and testing phases is even more vital to the success of the project due to the programmer’s strict timelines required for programming startup and performance testing. 4.2 The professional approach that Huffman Engineering takes toward proje ct development and implementation assures the City of Englewood will get a system that meets or exceeds the needs outlined at the beginning of the project. Once installed, Huffman Engineering certifies each system and agrees to support and service that system. Reputation, reliability and quality are all highly valued at Huffman Engineering, Inc. Proposed High-Level Schedule: Estimated Notice to Proceed Date: July 1, 2021 Kickoff Meeting July 15, 2021 Submittals completed by HEI August 2, 2021 Submittal review completed by COE August 30, 2021 All parts delivered September 24, 2021 Filters 2 & 4 offline November 1-5, 2021 Filter 2 online for manual operations November 5, 2021 Filters 2 & 4 programming startup November 5-12, 2021 Filters 2 & 4 performance testing November 13-26, 2021 Filters 3 & 5 offline November 29-December 3, 2021 Filter 3 online for manual operations December 3, 2021 Filters 3 & 5 programming startup December 3-10, 2021 Filters 3 & 5 performance testing December 11-24, 2021 Filter 6 offline December 27-31 Filter 6 programming startup December 31-January 7, 2021 Filter 6 performance testing January 8-21, 2021 Final O&Ms and training January 24-28, 2021 Substantial Completion Date January 28, 2021 Page 279 of 518 Part 4 – Draft Agreement Review City of Englewood #21-016 Technical Proposal Draft Agreement Review Huffman Engineering, Inc. has no concerns with the proposed Contract for Services for the Project. Page 280 of 518 Appendix A – Resumes City of Englewood #21-016 Technical Proposal Appendix A - Resumes Page 281 of 518 Page 282 of 518 Page 283 of 518 Page 284 of 518 Page 285 of 518 Page 286 of 518 Page 287 of 518 Page 288 of 518 Page 289 of 518 Page 290 of 518 Page 291 of 518 Page 292 of 518 Appendix B – List of Subcontractors City of Englewood #21-016 Technical Proposal Appendix B – List of Subcontractors Page 293 of 518 Appendix B – List of Subcontractors City of Englewood #21-016 Technical Proposal Subcontractors Programmer: Frederick P. Wilson, P.E. Golden Automation, LLC (303) 570-5909 Fred@GoldenAutomation.com Page 294 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Steve Simon DEPARTMENT: Utilities DATE: June 21, 2021 SUBJECT: City Ditch Crossing Agreement with the Public Service Company of Colorado (Xcel Energy) DESCRIPTION: CB #25 - Crossing Agreement with the Public Service Company of Colorado, Xcel Energy, to allow the installation of a new gas service line across City Ditch. RECOMMENDATION: Utilities staff recommends that Council approve Council Bill No. 25, authorizing the City of Englewood to grant a temporary City Ditch Crossing Agreement to Xcel Energy to allow installation of a new 1.25” gas service line over City Ditch at the Swedish Medical Center complex. The Water and Sewer Board approved a motion recommending that Council approve the temporary City Ditch Crossing Agreement at the May 11, 2021, meeting. PREVIOUS COUNCIL ACTION: None. SUMMARY: A portion of the City Ditch alignment runs through densely developed portions of Englewood. Occasionally development in these areas requires installing new utility services across City Ditch. These requests are considered and granted through a crossing agreement that sets the terms and conditions for the work, including full acceptance of risk and liability to person and property. Xcel Energy provides gas service to multiple buildings within the Swedish Medical Center and is requesting permission to install a new 1.25” service line across City Ditch at 501 East Hampden Avenue. ANALYSIS: The work can be performed while the City Ditch is in operation. The location of the new crossing is near the termination point of the City Ditch pipeline alignment. Only two contract users are located downstream of the crossing location. All other contract users, as well as the City’s diversion point at the Allen Water Treatment Plant, are located upstream of the crossing location. This minimizes risk to the City and contract users if the pipeline were to become compromised. Page 295 of 518 The City requires a minimum 18 inches of separation between new utilities and the City Ditch pipeline. The City Ditch pipeline is approximately six feet deep at the requested crossing; therefore, the new gas service may be installed above the City Ditch pipeline. Xcel Energy has informed the City of its intention to install the service line by horizontal directional drilling. Horizontal directional drilling is a common and proven construction method for this type of work. Staff has reviewed the installation plan and based on the construction methodology and location of the crossing has determined the work can be performed with minimal risk to the City. City staff will be onsite during installation to inspect the work to ensure it is performed safely and in compliance with City requirements. CONCLUSION: Utilities staff recommends that Council approve Council Bill No. 25, authorizing the City of Englewood to grant a temporary City Ditch Crossing Agreement to Xcel Energy. FINANCIAL IMPLICATIONS: Not applicable. The construction of the gas service line will be paid by Xcel Energy. CONNECTION TO STRATEGIC PLAN: Safety: Ensure well-maintained residential and commercial properties throughout the City. Local Economy: Ensure pro-business climate while maintaining high standards for development. OUTREACH/COMMUNICATIONS: Not applicable. ATTACHMENTS: Council Bill #25 Xcel Gas Line Crossing Agreement & Exhibit document PowerPoint Presentation - City Ditch Crossing Agreement Page 296 of 518 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 25 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER _________________ A BILL FOR AN ORDINANCE AUTHORIZING A CITY DITCH CROSSING LICENSE AGREEMENT IN ORDER FOR PUBLIC SERVICE COMPANY OF COLORADO (XCEL) TO PROVIDE NATURAL GAS SERVICE TO 501 E. HAMPDEN AVENUE WHEREAS, the City Ditch right-of-way is located along a portion of the real property occupied by Swedish Hospital; WHEREAS, Swedish Hospital is expanding the medical center and requires natural gas service in the new expansion; WHEREAS, the Public Service Company of Colorado (Xcel) submitted a request to the City of Englewood to construct a natural gas line over the City of Englewood’s City Ditch Right-of-Way in order to provide the property at 501 E. Hampden with natural gas service; WHEREAS, the Public Service Company of Colorado (Xcel) has signed the City Ditch Crossing License Agreement; WHEREAS, Englewood’s City Ditch Right-of-Way runs along a portion of the property and requires license agreements for crossing the City Ditch with a buried natural gas line; WHEREAS, Public Service Company of Colorado (Xcel) natural gas line will be buried approximately 30" to 36" deep and run to the natural gas meter located on the property; WHEREAS, the City of Englewood will retain all of its Right-of-Way ownership and shall not be obstructed from constructing, operating, maintaining, repairing, replacing, removing, improving and enlarging the City Ditch, and all necessary underground and surface appurtenances thereto necessary or desirable for the transmission of water within this Right-of-Way; and WHEREAS, the Englewood Water and Sewer Board recommended approval of the City Ditch Crossing License Agreement in order for Public Service Company of Colorado (Xcel) to construct a buried natural gas line over Englewood’s City Ditch Page 297 of 518 2 Easement at 501 E. Hampden Avenue Englewood, Colorado at their May 11, 2021 meeting. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes City Ditch Crossing License Agreement to the Public Service Company of Colorado for the construction of a natural gas line over Englewood’s City Ditch Right-of- Way at 501 E. Hampden Avenue, Englewood, Colorado. Section 2. The Mayor is hereby authorized to execute and the City Clerk to attest and seal for and on behalf of the City of Englewood the City Ditch Crossing License Agreement to Public Service Company of Colorado (Xcel) to provide natural gas service to the building at 501 E. Hampden Avenue, Englewood CO, attached hereto as Exhibit 1. Introduced, read in full, and passed on first reading on the 21st day of June, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 24th day of June, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 21st of June, 2021. __________________________ Stephanie Carlile Page 298 of 518 LICENSE -CITY DITCH CROSSING AGREEMENT THIS LICENSE AGREEMENT,made and entered into as of this day of ,2021,by and between the CITY OF ENGLEWOOD,a municipal corporation of the State of Colorado,herein referred to as “City",and Public Service Company of Colorado dba “Xcel Energy”herein referred to as "Licensee". WITNESSETH:The City without any warranty of its title or interest whatsoever,hereby authorizes Licensee,its successor,assigns,to install a natural gas service line (hereinafter service line)over the City’s rightvofvwayfor the City Ditch,described as a parcel of land situated in the South-East ‘/oof the South~East ‘/4of Section 34,Township 4 South,Range 68 West of the 6"‘ P.M.,County ofArapahoe,State of Colorado described as follows: Also known by the following address:501 E.Hampden Avenue Englewood,Colorado 80113 See Attachment A for detailed location drawings and construction speci?cations. 1.Any construction contemplated or performed under this License shall comply with and conform to standards formulated by the Director of Utilities of the City and such construction shall be performed and completed according to the plans,consisting of one sheet,a copy of which is attached hereto and made a part hereof. 2.The Licensee shall notify the City’s Director of Utilities at least three (3)days prior to the time of commencement of the construction of,or any repairs made to,Licensee’s service line so that the City may,in its discretion,inspect such operations. 3.Within thirty (30)days from the date of the commencement of construction of said service line the Licensee shall complete such construction,place and maintain permanent,visible markers,of a type and at such locations as designated by the City’s Director of Utilities, referring to the centerline of the installation and shall clear the crossing area of all construction debris and restore the area to its previous condition as near as may be reasonable.In the event the planning of the centerline markers and the clearing and restoration of the crossing area is not completed within the time speci?ed,the City may complete the work at the sole expense of the Licensee. 4.The City shall have the right to maintain,install,repair,remove or relocate the City Ditch or any other of its facilities or installationswithin the City’s rights-of-way,at any time and in such manner as the City deems necessary or convenient.The City reserves the exclusive right to control all easements and installations.In the event the service line should interfere with any future use ofthe City’s rights-of—wayby the City,the Licensee shall,upon request and at its sole expense,relocate,rearrange,or remove its installations so as not to interfere with any such use. 5.Any repair or replacement of any City installation made necessary,in the opinion of the City’s Director of Utilities because of the construction of the service line or other appurtenant installation thereof,shall be made at the sole expense of the Licensee. 1 Page 299 of 518 10. ll. 12. I3. 14. The stipulation and conditions of this License shall be incorporatedinto contract specifications if the construction herein authorized is to be done on a contract basis. The rights and privileges granted in this License shall be subject to prior agreements, licenses and/or grants,recorded or unrecorded,and it shall be the Licensee’s sole responsibility to determine the existence of said documents or con?icting uses or installations. The Licensee shall contact and fully cooperate with the City’s personnel and the construction shall be completed without interference with any lawful,usual or ordinary ?ow of water through the City Ditch.Licensee shall assume all risks incident to the possible presence of such waters,or of stonn waters,or of surface waters in the City Ditch. All trenches or holes within the City’s rights-of—wayshall be backfilled and tamped to the original ground line in layers not to exceed six (6)inches loose measure to a compaction of ninety percent (90%)Standard Proctor Maximum Density. Licensee,by acceptance of this License,expressly assumes full and strict liability for any and all damages of every nature to person or property caused by water from the ditch leaking through the ditch banks or pipeline at the point or points where the Licensee performs any work in connection with the crossing provided by this License.The Licensee assumes all responsibility for maintenance of the Licensee’s installation. Licenseeshall indemnify and save hannless the City,its officers and employees,against any and all claims,damages,actions or causes of action and expenses to which it or they may be subjected by reason of said conduit being within and across and under the premises of the City or by reason of any work done or omission made by Licensee,its agents or employees,in connection with the construction,replacement,maintenanceor repair of said installation. It is expressly agreed that in case of Licensee's breach of any of the within promises,the City may,at its option,have speci?c performance thereof,or sue for damages resulting from such breach. Upon abandonmentof any right or privilege herein granted,the right of Licensee to that extent shall terminate,but its obligation to indemnify and save hannless the City,its officers and employees,shall not terminate in any event. The undersigned represents that he is an authorized officer of Licensee and has authority to enter into this Agreement on behalf of Licenseeand that Licenseewill accept and abide by all the tems and conditions hereof. In granting the above authorization,the City reserves the right to make full use of the propertyinvolvedasmaybenecessaryorconvenientintheoperationofthewaterworksplantandsystemunderthecontroloftheCity. Page 300 of 518 IN WITNESS WHEREOF,this instrument has been executed as of the day and year first above written. CITY OF ENGLEWOOD ATTEST: By: Linda Olson,Mayor Stephanie Carlile,City Clerk LICENSEE: By:— Title:Manager*Operations Gas As Agent for Public Service Company of Colorado Xcel Energy Services Inc. 1225 17th Street Denver,CO 80202-5533 Phone:5u~Ss'1 75‘Q, STATE OF COLORADO ) )SS4 COUNTY OF E )3’<FF<rson The foregoing License —City Ditch Crossing Agreement was acknowledged before me this E day of,2021 by U‘N 30 ,as Agem for Public Service Company of Colorado Xeel Energy Se ices Inc.,Title: ,Qgm ?rm;. JUDY MARCOLINA NOTARY PUBLIC sure or COLORADO NOTARY ID 20214003235 mar},Mv00MMl5Sl0Namass mrzmnzs Page 301 of 518 K:\UEN_!Jivi\\095u95D00_9a:d¥sl\rn»m\cmu\mimu\cuy um En:-roar1meM\C\Iy nucn Encmaehmenl Exhrbltdwg s LOGAN st. EX.36‘NC?‘cm:mew [to Ramw) s.LOGAN ST. /—ww»= Ex 36'my -cm anon‘(re Rauw) 15‘wnzn Lw: mow.236 wuzn um:zaszmzm \ nun.mt um:um nsnarr SWEDISH MEDICAL CENTER CITY DITCH ENCROACHMENTEXHIBIT OSRMZDZO K|mley>»Horn Izma xmzv m.an mm»:M: 45.2 smvn msvm snzn,ant usnn.uao?l manPage 302 of 518 City Ditch Crossing Agreement Monday, June 21, 2021 City Council, Regular Session Steve Simon, Utilities Deputy Director –Engineering Page 303 of 518 Discussion •Temporary permission •Contractor liability •City staff onsite •Trenchless install above pipe East Hampden Page 304 of 518 Q&A Page 305 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: June 21, 2021 SUBJECT: CB #21 - Approve an ordinance to grant an electric transmission line easement in Belleview Park DESCRIPTION: CB #21 - A Perpetual non-exclusive easement for the transmission and distribution of electricity and related communication signals on, over, under, and across the following described premises at Belleview Park. RECOMMENDATION: Staff recommends that Council approve an Ordinance for a perpetual, non-exclusive easement for the transmission and distribution of electricity through Belleview Park. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this issue. SUMMARY: Xcel Energy is in the process of updating their infrastructure. As part of this process, Xcel is replacing their transmission lines from the Greenwood Village substation to the Englewood substation. The tower structures will be replaced with a single pole approximately 70 to 90 feet in height and new transmission lines will be pulled across the new towers. The greatest impact of the replacement will be to Belleview Park, as access to several towers is necessary. The towers are located near Jack Poole Field, shelter #3 and shelter #4. During this process, the old towers will have to be removed, concrete footings will be poured for the new transmission poles and the new poles will have to be placed using large cranes. The bike trail will be closed through a section of the park with construction detours rerouting cyclists through the area. The Belleview train will also have to be closed for one to three days when the lines are pulled. FINANCIAL IMPLICATIONS: There are no financial implications with this permanent easement. The easement will be a continuation of the existing Public Service Company (Xcel) easement from 1951. CONNECTION TO STRATEGIC PLAN: Investing in, maintaining and protection of infrastructure. ATTACHMENTS: Page 306 of 518 Council Bill #21 PSCo GADT City of Englewood Easement Exhibit A Page 307 of 518 -1- BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 21 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE AUTHORIZING A GRANT OF AN ELECTRIC TRANSMISSION LINE EASEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND PUBLIC SERVICE COMPANY OF COLORADO. WHEREAS, in 1951, the Public Service Company was granted an easement by the City of Englewood to install an electric transmission line through what is now Belleview Park, as recorded in Book 705, Page 440, in Arapahoe County; WHEREAS, the Public Service Company is replacing and upgrading the current line through the park which will replace the current towers with single pole towers; WHEREAS, as part of the project Public Service Company requires an easement over a .098-acre parcel located next to South Windemere Street, as set forth on Exhibit A, attached hereto; and WHEREAS, with the passage of this Ordinance a utility easement that is 58 feet by 152 feet by 147 feet is hereby granted to Public Service Company, for the upgraded electric transmission line. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Grant of this utility easement to Public Service Company of Colorado, by the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal the “Public Service Company of Colorado Electric Transmission Line Easement” for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of June, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of June, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of June, 2021. Read by Title and passed on final reading on the 21st day of June, 2021. Page 308 of 518 -2- Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 24th day of June, 2021. Published by title on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 309 of 518 After recording, return to: Public Service Company of Colorado 1800 Larimer St, #400 Denver, CO 80202 Attn: DIVISION ROW AGENT DOC. NO. LOCATION DESCRIPTION AUTHOR PLAT/GRID NO. AUTHOR ADDRESS WO/JO/CREG NO. GRANT OF ELECTRIC TRANSMISSION LINE EASEMENT THIS ELECTRIC TRANSMISSION LINE EASEMENT is made this day of _________,___, 2021 between the CITY OF ENGLEWOOD, (hereinafter referred to as the "City" or " ”Grantor") and the PUBLIC SERVICE COMPANY OF COLORADO, A Colorado corporation, with an address of 1800 Larimer Street, Suite 400, Denver, Colorado 80202 (“PSCo” or the “Grantee”), an electric transmission line easement more particularly described as follows: A Perpetual non-exclusive easement for the transmission and distribution of electricity and related communication signals on, over, under, and across the following described premises (the “Easement Area”). SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY THIS REFERENCE (the “EASEMENT AREA”), NOW THEREFORE, the City hereby, without warranty of its title or interest whatsoever, grants, sells and conveys to the PUBLIC SERIVCE COMPANY OF COLORADO an electric transmission line easement over and across that portion of City property described on Exhibit A as attached hereto, upon the following conditions. 1. Grant of Easement. Subject to the terms and conditions set forth in this Agreement, Grantor does hereby grant and convey unto PSCo, its successors and assigns the following Easement: (a) An Easement as set forth in Exhibit A, as attached hereto, for the purpose to construct, install, operate, repair, remove, replace, reconstruct, alter, relocate, patrol, inspect, improve, enlarge, and maintain electric transmission and distribution lines and related communication facilities, including towers, poles, and other supports; together with braces, guys, anchors, cross-arms, cables, conduits, wires, conductors, manholes, transformers, and other fixtures, devices, and appurtenances used or useful in connection therewith (collectively the “Facilities”); (b) cut, fell, remove, prune or otherwise control, all trees, brush, and other vegetation on or overhanging the Easement Area; and (b) use the Easement Area for reasonable access for personnel, equipment and vehicles to and from the Facilities. (c) No temporary or permanent wells, buildings, or structures (including without limitation mobile homes or trailers) shall be placed or permitted to remain on, under, or over the Easement Area by Grantor. No other objects shall be erected, placed, or permitted to remain on, under, or over the Easement Area by Grantor, including trees, shrubs and fences, that may interfere with the Facilities or interfere with the exercise of any of the rights granted pursuant to this Electric Transmission Line Easement (this “Easement”). Page 310 of 518 (d) Grantor shall disclose to Company any waste materials that Grantor knows or reasonably suspects to be present in soils, water (surface or groundwater), vapors or air, whether on, in, above, migrating to, or under the Easement Area and any other information that would help Company assess the risks of working in the area. Grantor shall be responsible for any costs to manage, transport, or dispose of any waste materials that Company encounters during installation, relocation, or maintenance of the Facilities in the Easement Area. Company shall not assume, and Grantor shall retain its obligation to comply with all applicable environmental laws and regulations, including federal or state reporting requirements related to such waste materials. 2. Location of Electric Transmission Line. The Electric Transmission Line shall be located within the Easement area, as set forth in Exhibit A, together with any and all surface appurtenances necessary for the operation of the electric transmission line. In the event that the City is required, or it is necessary for the electric transmission line to be moved, the cost of such relocation shall be borne by the PSCo. 3. Existing Improvements. Grantor and Grantee recognize that over time, Grantor, or Grantor's predecessors, have installed improvements including, without limitation, trees, sod, shrubs, flowers, and parking improvements within the Easement area, as set forth in Exhibit A. After installation of the electric transmission lines, and any subsequent repair, alteration, inspection or other work performed on the electric transmission lines, pursuant to this Agreement, PSCo shall leave the Grantor's property, and the easement area, and all portions thereof, in as good a condition as it was in prior to engaging in work. 4. Notice of Work. Except in the case of emergencies, PSCo will, during the life of the Easement herein granted, provide the Grantor reasonable advance notice before PSCo commences any major construction or rebuild activity. In the event of an emergency, PSCo shall provide the Grantor notice of such activity as soon as it is reasonably practicable. 5. Reservation of Rights. Grantor retains the right to the undisturbed use and occupancy of the Easement Area is so far as such use and occupancy is consistent with, and does not impair, the operation, maintenance, and security of PSCo’s facilities located within the Easement Area. 6. Maintenance of Surface. Grantor, at Grantor's sole expense shall solely be responsible for the maintenance of the surface of the Easement Area, including any public street surfacing, curbs, gutters and permitted landscaping within the Easement Area. 7. Abandonment. In the case PSCo shall abandon its rights herein granted, either in whole or in part, all right, title and interest of PSCo hereunder shall cease and terminate and shall revert back to the Grantor, or the then owner of the real property burdened by the Easement or the portion therein abandoned, as the case may be, and shall hold the abandoned Easement Area as the same may then be, free from any right, title or claim of PSCo, but nothing herein contained shall be construed as causing a forfeiture or abandonment of any interest hereunder not owned by PSCo at the time of such abandonment. 8. PSCo Maintenance Responsibilities. All electric utility line construction, operation, maintenance, repair and replacement and all restoration work shall be performed at PSCo's sole cost and expense; in a good workman-like manner; and in accordance with all applicable legal requirements. 9. Subjacent and Lateral Support. PSCo shall have and exercise the right of subjacent and lateral support, to whatever extant is reasonably necessary, for the full, complete and unmolested enjoyment of the PSCo's rights herein granted. Grantor shall take no action which would impair the earth overburden or subjacent or lateral support of the electric transmission line; provided, however, that upon obtaining the specific written permission of the PSCo, the earth overburden of the electric transmission line may be modified, but it is understood that normally it will not be granted for a Page 311 of 518 modification involving a cover of less than 4.5 feet, nor greater than 15 feet, measured vertically from the top of the electric transmission line. 10. Entire Agreement. Unless special provisions are attached hereto, the above and foregoing constitutes the whole Agreement between the Parties; and no additional or different oral representation, promise or agreement shall be binding on any of the Parties hereto, with respect to the subject matter hereof, to the extent that any such provisions added hereto conflict with any other provision hereof, such special provision shall control. 11. Miscellaneous. All provisions of this Agreement, including all benefits, shall run with the land and be binding upon, and inure, to the benefit to the successors and assigns of the Parties hereto, subject to the provisions hereof. I2 Assignment. Subject to the provisions of Paragraph 9 above, the Easement Area nor this Agreement shall be assigned by either Party without the prior written consent of the other Party. Any purported assignment without the prior written consent shall be deemed null and void. 13. Severability. The invalidity of any one provision of this Agreement will not affect the validity or binding effect of the remaining provisions. 14. Governing Law. This Agreement shall be governed and construed under the laws of the State of Colorado. Any actions shall be filed in the District Courts of Arapahoe County. 15. Representations and Warrants. Grantor warrants and represents that Grantor is the owner of the Easement Area and has the right to grant the easement and rights contained herein. This grant is binding on Grantor, is not conditioned upon obtaining consent from any third parties, and is not subject to any mortgages or liens. 16. Miscellaneous Provisions. The provisions of this Easement shall run with the land, and shall be binding on and burden the Easement Area and shall be binding upon and shall inure to the benefit of all persons claiming an interest in the Easement Area, or any portion thereof, through the parties hereto, including the heirs, executors, personal representatives, successors, and assigns of the parties. “Grantor” shall include the singular, plural, feminine, masculine and neuter Page 312 of 518 IN WITNESS WHEREOF, the Parties have executed this Electric Transmission Line Easement Agreement, a of the day and year first above written. GRANTOR: CITY OF ENGLEWOOD, a Colorado Municipal Corporation By: _ Name: _ Title: _ Attest: _ GRANTEE: PUBLICE SERVICE COMPANY OF COLORADO, a Colorado Corporation By:____________________________ Name: _________________________ Title: __________________________ ACKNOWLEDGEMENT STATE OF ____________________________________ ) )ss. COUNTY OF __________________________________ ) The foregoing instrument was acknowledged before me this __ day of ___, 20__ by ________________________________________ as ________________________________________ of Public Service Company of Colorado, a Colorado Corporation. Witness my hand and official seal My Commission Expires: ____________________________ ____________________________ Notary Public Page 313 of 518 EXHIBIT A Page 314 of 518 —Nw COR.sw1/4 SE1/4 SEC.9 ”A”T55,REBW,5TH P.M. FOUND 3.25"ALUMINUMI+_C/?_.S.#3200 ‘\ sw1/4 SECTION 9 T55.RSBW,6TH PM. 15‘2B'54"E 11I.46'(TIE) LINETABLE NO.BEARING DISTANCE L1 SB3‘34'56”E 53.47‘ OINT OF ' L2 522-34'55"w 152wa' BEGINNING L3 NO0'07'55"E 147.05’ I SLY LINE PSCO ESMT SOO'O7'55"W1316.81’W.LINE SET 4 SEC‘9 BASIS OFIBEARIN G .S.C.O.PERMANENTEASEMENT AREA-4.273 $.F.i OR 0.098 ACRES:t OI '33'I O"WI20984'(TIE) OWNER: CITY OF ENGLEWOOD APN:2077—O9—4—OO—O15 SE1/4 SECTION 9 TSS.RSSW,6TH P.M. S.WINDERMEREST.(R/W VARIES) I/4 COR.SEC.9/—T5S,RGBW,6TH PM. CALCULATED FROM FOUND REFERENCE TIES 40 o 20 40 H:-:i:i 1 inch =40 it. I.)PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. 2.)ACCORDING TO COLORADO LAW,YOU MUST COMMENCEANY LEGAL AC'|1ON BASED UPON ANY DEFECT IN THIS SURVEY WITHINTHREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT.IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY EE COMMENCEDMORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATIONSHOWN HEREON. 3.)THE ONLY PURPOSE OF THIS EXHIBITIS TO SHOW THE LOCATION OF THE EASEMENT(S). 4.)THIS DOCUMENTSHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINALSIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTEREDIN ANY WAY. :::::;=+PERMANENTSH M L K nAE:anynnmg,Suit:I50,Dmver,no sum _'V w/o ,9, W301)755-em Fm.(301I7S3.-4004 s Page 315 of 518 LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF SECTION 9,TOWNSHIP 5 SOUTH,RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN.COUNTY OF ARAPAHOE, STATE OF COLORADO,ALSO BEING A PORTION OF LANDS TO THE CITY OF ENGLEWOOD AND KNOWN AS APN.NO.2077—09—4—OO—015 IN THE ARAPAHOE COUNTY ASSESSOR'S OFFICE,SAID PARCEL OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 9,ASSUMED TO BEAR SOO'O7'55"WA DISTANCE OF 1316.81 FEET; BEGINNING AT A POINT ON THE EASTERLY R|GHT—OF—WAY OF SOUTH WINDERMERE STREET,SAID POINT BEARS S15'28'54"E A DISTANCE OF 111.46 FEET FROM THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE S83'34'56"E ALONG THE SOUTHERLY LINE OF A P.S.C.O.EASEMENT AT DOCUMENT NO.449790 A DISTANCE OF 58.47 FEET;THENCE S22'34'55"W A DISTANCE OF 152.18 FEET TO SAID EASTERLY R|GHT—OF—WAY;THENCE NOO'O7'55"EALONG SAID EASTERLY R|GHT—OF—WAY A DISTANCE OF 147.05 FEET TO THE POINT OF BEGINNING; WHENCE THE SOUTH QUARTER CORNER OF SAID SECTION 9 BEARS SO1'33'10"W A DISTANCE OF 1209.84 FEET. SAID PARCEL CONTAINS 4,273 SQUARE FEET OF LAND OR 0.098 ACRES.MORE OR LESS. I.THE UNDERSIGNED,A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO,DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE. _ L.S.31158 DATE ECISION SURVEY &MAPPING.INC. PRECISIONSL‘JI_2\/EVHExI‘s/\APPI‘NG °RN-5%:PCHKD.av:J-|-- °"==°‘°5 3 EASEMENTmanwe,Sm:Ian,Dmver,no sum _'V , Mm)755-em Fm.(301)7S3.-4004 s Page 316 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Vance Fender DEPARTMENT: Police DATE: June 21, 2021 SUBJECT: MOU between City of Englewood and Colorado State Patrol ALPR DESCRIPTION: CB #23 - MOU between the COE and the Colorado State Patrol regarding the sharing of license plate reader information for purposes of auto theft investigations. RECOMMENDATION: CB #23 - Approve an ordinance authorizing a Memorandum of Understanding (MOU) between the City of Englewood and the Colorado State Patrol regarding sharing of license plate information. PREVIOUS COUNCIL ACTION: None SUMMARY: The Police Department has received re-imbursement from the Colorado Auto Theft Prevention Authority to purchase two ALPR (Automated License Plate Reader) mobile systems. These systems will be deployed on two marked patrol cars for the purpose of preventing and combating auto theft. This MOU will allow the Police Department to utilize the data warehouse and central querying system hosted by the Colorado State Patrol and will have the capability to query all LPR based information from around the State of Colorado, which is stored within the warehouse (CSP server). ANALYSIS: The Police Department chose the vendor “ELSAG” for the LPR systems because the infrastructure of this system is the only system that is supported by the Colorado State Patrol and will allow the Police Department to access statewide LPR information. The service provided by “ELSAG” is on a five-year service plan that the Colorado Auto Theft Prevention Authority requires for all LPR reimbursements. That expense was also incurred by CATPA. CONCLUSION: Staff recommends approval of this ordinance. FINANCIAL IMPLICATIONS: Page 317 of 518 The Police Department received reimbursement from the Colorado Auto Theft Prevention Authority (CATPA) in the amount of $53,477 for two mobile Automatic License Plate Reader (ALPR) systems. Had this reimbursement not been available to us we would have had to purchase this equipment with Capital Projects funds (General Fund). There are no negative financial implications to this M.O.U. CONNECTION TO STRATEGIC PLAN: This system enhances public safety and adds to the technical capabilities of the Police Department. OUTREACH/COMMUNICATIONS: The only alternative to not approving this MOU is to not utilize LPR sharing and infrastructure that the State of Colorado is providing for the purposes of preventing and combating auto theft. ATTACHMENTS: Council Bill #23 Memorandum of Understanding Page 318 of 518 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 23 SERIES OF 2021 INTRODUCED BY COUNCIL MEMBER WARD AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE COLORADO STATE PATROL AND THE CITY OF ENGLEWOOD POLICE DEPARTMENT REGARDING THE SHARING OF LICENSE PLATE READER INFORMATION FOR THE BEAT AUTO THEFT THROUGH LAW ENFORCEMENT INITIATIVE WHEREAS, the Englewood City Council may by ordinance recognize the signing of Memorandum of Understanding (“MOU”) between the City of Englewood and other governmental entities; WHEREAS, the MOU will allow the City of Englewood Police Department (“EPD”) to access shared license plate data from other law enforcement agencies to assist the department in responding to and investigating auto thefts in the City; WHEREAS, the Englewood Police Department would share its Automatic License Plate Reader ("ALPR") data with other law enforcement agencies using the Colorado ELSAG EOC; WHEREAS, the shared data between law enforcement agencies is to be used to address the rise in auto thefts in Colorado; WHEREAS, all contributing agencies are required to develop and maintain ALPR data usage policies that address privacy concerns; WHEREAS, EPD agrees to retain any ALPR records no longer than one year, unless such records are evidentiary records in a criminal or civil case, thereafter such ALPR records will be destroyed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Memorandum of Understanding between the City of Englewood, and the Colorado State Patrol regarding the sharing of Automatic License Plate Reader information for the purpose of combatting auto theft in Colorado as set forth on Exhibit A attached hereto is hereby approved by the Englewood City Council. Section 2. The Englewood Police Department’s Chief of Police is authorized to execute and City Clerk to attest and seal the said Memorandum of Understanding, for and on behalf of the City Council and City of Englewood. Page 319 of 518 2 Introduced, read in full, and passed on first reading on the 7th day of June, 2021. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 10th day of June, 2021. Published as a Bill for an Ordinance on the City’s official website beginning on the 9th day of June, 2021 for thirty (30) days. Read by Title and passed on final reading on the 21st day of June, 2021. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2021, on the 24th day of June, 2021. Published by title on the City’s official website beginning on the 23rd day of June, 2021 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2021. Stephanie Carlile Page 320 of 518 P a g e l l Memorandum of Understanding Between Colorado State Patrol - Beat Auto Theft Through Law Enforcement AND The Englewood Police Department The Colorado ELSAG EOC is an initiative of the Colorado State Patrol - Beat Auto Theft Through Law Enforcement (BATTLE) to create an information sharing system designed to replicate, maintain, and share law enforcement license plate reader systems from all participating state and local public safety agencies within the State of Colorado. CONCEPT The goal of this project is to share license plate recognition data among all contributing agencies that have established this Memorandum of Understanding with the Colorado ELSAG EOC, managed by the Colorado State Patrol (CSP) BATTLE. Participating agencies will share license plate reader (LPR) information for replication to the data warehouse or as part of a central querying system hosted by the Colorado ELSAG EOC and will have the capability to query all LPR based information from around the State of Colorado which is stored within the warehouse. PURPOSE This Memorandum of Understanding (MOU) sets forth an agreement between and defines the roles and responsibilities of BATTLE and the Englewood Police Department, in implementing connectivity to the Colorado ELSAG EOC. RESPONSIBlLITIES The roles and responsibilities of CSP BATTLE in this MOU are as follows: •BATTLE will establish the Colorado ELSAG EOC as a shared information system to the benefit of all public safety agencies in the State of Colorado. •BATTLE will appoint a project manager to oversee the Colorado ELSAG EOC and implement the terms and conditions of this MOU. •BATTLE will direct the management of all obligations, responsibilities, and assets of the Colorado ELSAG EOC, including but not limited to: o Any and all contractual obligations for development, implementation, expansion, maintenance, and management of the Colorado ELSAG EOC, Page 321 of 518 P a g e l 2 o Ownership of any and all equipment in the inventory of the Colorado ELSAG EOC, including but not limited to servers, workstations, communications devices, routers, firewalls or other hardware, and all software in use or under development in compliance with the requirements of the Colorado ELSAG EOC. o Security and control of any data resident in the Colorado ELSAG EOC data warehouse, to exclusive Law Enforcement use as defined by the BATTLE ELSAG EOC protocol manual. o BATTLE will design and implement a governance structure appropriate to the proper operational maintenance of the Colorado ELSAG EOC, and providing appropriate levels of input to all participating agencies. o BATTLE will provide an Administrator for the Colorado ELSAG EOC to provide vetting and establishment for CSPD personnel, including authorization for the CSPD Administrator. o BATTLE will adopt Security Policies and Procedures as may be consistent with appropriate security and maintenance of the system for all participating agencies. This document shall become the governing MOU for participation in the Colorado ELSAG EOC upon ratification of the participating agencies. o BATTLE will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware/software solutions, as well as for any training required, for the purposes of this project. o BATTLE will assist in obtaining the cooperation of any third party contractor or vendor approved by them to provide license plate reader systems in the State of Colorado and/or internal or external technology providers (e.g. Colorado CIO / Other participating agencies / State of Colorado information technology staff) as may be reasonably necessary for the purposes of this project. o BATTLE will assist in creation of the lessons learned and final reporting and documentation of the project. The input provided by BATTLE will be utilized for future distributions and use of the system at other hosting agencies. The roles and responsibilities of the CSPD in this MOU are as follows: •The Englewood Police Department agrees to share ALPR data with other law enforcement agencies utilizing the Colorado ELSAG EOC. •The Englewood Police Department agrees to use the Colorado ELSAG EOC in compliance with federal, state and local laws, regulations and policies. •The Englewood Police Department agrees to retain all ALPR records no longer than one year from the date of the read (§24- 72-113 C.R.S.) unless such ALPR records are evidentiary records in a criminal or civil case. •The Englewood Police Department agrees to the ELSAG EOC Polices and agrees to be responsible for all authorized users identified by their agency, including vetting, training and monitoring of the users. •The Englewood Police Department maintains sole authority and responsibility for determining the actions, if any, that are appropriate for the department's information technology environment, and for implementing any changes deemed to be appropriate to the purposes of this project. Page 322 of 518 P a g e J 3 •The Crime Analysis Supervisor of the Englewood Police Department, or an appropriate designee, will be available, as reasonably required, to give guidance and approval to technical and non-technical requirements of this assistance project. •The Chief of Police of the Englewood Police Department will adopt the BATTLE ELSAG EOC protocol manual, which is the governing MOU for participation in CSP BATTLE, and agrees to remain in compliance with the requirements, policies, and practices as outlined therein for the duration of the CSPD's participation in CSP BATTLE. •The Chief of Police of the Englewood Police Department will appoint a representative as the agency's CSP BATTLE Project Manager who will be responsible for the overall coordination of the project on behalf of the department. •The Englewood Police Department will make reasonable accommodations for access by BATTLE staff to their facilities and license plate reader system as may be required in furtherance of this project. •The Englewood Police Department will ensure that appropriate personnel are made available as reasonably necessary to assist with development, implementation, and testing of any hardware I software solutions, as well as for any training required, for the purposes of this project. •The Englewood Police Department will assist in obtaining the assistance of any third party contractor or vendor associated with their license plate reader system and I or internal or external technology providers (e.g. county I municipal information technology staff) as may be reasonably necessary for the purposes of this project. •The Englewood Police Department will assist in creation of the lessons learned and final report of the project. The roles and responsibilities of all agencies in this MOU are as follows: •All contributing agencies shall develop and maintain an LPR data usage policy that addresses privacy concerns. Such usage policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. •The ownership of the data that is contributed in this system shall remain with the contributing agency. Therefore, all ownership rights are to the sole authority and responsibility of the contributing agency. The data in this system is shared by the contributing agency, for the communal use by other law enforcement and government agencies that have this signed agreement with CSP BATTLE, but shall adhere to the contributing agency's usage policy when using the contributing agency's data. All data use and handling shall comply with the current laws and statutes with respect to the data. BATTLE shall develop and maintain an LPR data retention policy that can address privacy concerns in accordance with current federal and state legislation and statutes, and may be limited by system capability. All contributing agencies shall adhere to the data retention policy until such time that the Englewood Police Department has developed their own policy. At that time, the Englewood Police Department may submit a memorandum to this MOU to address the retention of the data owned by the Englewood Police Department. Such data retention policy may be derived from the International Association of Chiefs of Police publications pertaining to license plate readers. Page 323 of 518 FUNDING Any costs associated with maintenance, upgrade, or changes required directly to the contributing agency's LPR system or existing computer network in order to accommodate implementation of the Colorado ELSAG EOC interfaces and replication, or costs incurred on behalf of the Colorado ELSAG EOC as a result of changes to the agency system(s) which adversely affect the Colorado ELSAG EOC replication, may be the responsibility of the CSPD. TERM BATTLE anticipates the duration of this implementation to May 1, 2021 to June 30, 2024, but may be extended at the discretion of the Taskforce Commander of BATTLE if requested by the Englewood Police Department. Such extension must be documented through appropriate addendum to this MOU agreeable to both parties. AMENDMENTS No amendment or modification of the MOU shall be valid unless expressed in writing and executed by the parties in the same manner as the execution of this MOU. ACKNOWLEDGEMENT The parties represent or warrant to each other that they have all the necessary authority to enter into this MOU and to perform their obligations hereunder. This MOU will be effective upon signature of all parties This Memorandum of Understanding will be effective upon signature of all parties. Colorado State Patrol - BATTLE 700 Kipling Street Lakewood, Colorado 80215 Englewood Police Department 3615 S. Elati St. Englewood, C0, 80110 _________________________ Signature Signature Lieutenant Colonel Barry Bratt Chief John Collins [Chief Executive Officer] Printed Name (Chief Executive Officer) Printed Name Date Date pag e I 4 Page 324 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie Loh DEPARTMENT: Finance DATE: June 21, 2021 SUBJECT: American Rescue Plan Act Certification Filing for $8,776,000 DESCRIPTION: The City has been awarded $8,776,000 as part of the federal American Rescue Plan Act (ARPA) and requires Council's approval to move forward with the certification process. RECOMMENDATION: City staff recommends that Council approve by Resolution the certification filing for the ARPA funding application of $8,776,000. PREVIOUS COUNCIL ACTION: No previous formal action. SUMMARY: The City has been awarded $8,776,000 as part of the federal American Rescue Plan Act (ARPA). The funding is provided by the United States Treasury Department and is administered through the State of Colorado. The funding will be delivered by the State to the City in two payments of $4,388,000 each. The first payment requires certification paperwork to be filed by the City. That certification process is now open and is currently scheduled to close on 06/27/2021. The first requirement is a signed agreement stating the City will follow the terms and conditions of the ARPA as set forth by the U.S. Department of the Treasury. The second requirement is a signed assurance that the City will comply with Title VI of the Civil Rights Act of 1964. ANALYSIS: The ARPA funding is provided by the United States Treasury Department. The funding is administered by the State of Colorado for all municipalities with fewer than 50,000 residents. In order to request the funding, the City needs to complete the certification process that is required by the State of Colorado. Based on guidelines from the federal government, the following are eligible uses of ARPA funding for cities: • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital Page 325 of 518 wastewater and stormwater infrastructure, and to expand access to broadband internet • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic • Support public health expenditures, by, for example, funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff • Address negative economic impacts caused by COVID, including economic harms to workers, households, small businesses, impacted industries, and the public sector; also includes services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance • Provide premium pay for essential workers, offering additional support to those who have and will bear the greatest health risks because of their service in critical infrastructure sectors CONCLUSION: In order for the City to receive the APRA funding, the City is required to file the certification documents. FINANCIAL IMPLICATIONS: The funding will be delivered by the State of Colorado to the City of Englewood in two payments of $4,388,000 each. The funding for the first payment is available now and will be paid to the City once the certification process is complete. The second payment is to be paid 12 months after the first payment. CONNECTION TO STRATEGIC PLAN: Infrastructure: Provide the City with funds for water, sewer and stormwater systems. Governance: Assist the City to become fiscally accountable, effective and efficient. OUTREACH/COMMUNICATIONS: N/A ATTACHMENTS: Resolution US Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds terms and conditions agreement. Assurances of Compliance with Civil Rights Requirements document. US Department of Treasury Fact Sheet on Eligible ARPA Expenditures Page 326 of 518 1 RESOLUTION NO. ____ SERIES OF 2021 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S CERTIFICATION FILING FOR AMERICAN RESCUE PLAN ACT FUNDING WHEREAS, the City of Englewood has been awarded $8,776,000 as part of the federal American Rescue Plan Act ("ARPA"); WHEREAS, the State of Colorado administers the funds and will be providing the City with two payments. The first payment will be received after the certification filing is complete. The second payment will be received twelve months after the first payment is received; WHEREAS, in order for the City to qualify for the funds the City is required to execute two documents provided by the federal government. The first document is titled U.S. Department of the Treasury Coronavirus State and Local Fiscal Recovery Funds, and the second is titled Assurances of Compliance with Title VI of the Civil Rights Act of 1964, attached hereto as Exhibit A; WHEREAS, the awarded funds may be used for any eligible City projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City Council for the City of Englewood, Colorado, hereby supports the City’s Certification Filing for American Rescue Plan Act Funding, attached hereto as Exhibit A. Section 2. The Mayor is authorized to sign all necessary documents for the Certification Filing for the American Rescue Plan Act Funding for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 21st day of June, 2021. ____ Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. ____, Series of 2021. ______________________________ Stephanie Carlile, City Clerk Page 327 of 518 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 1 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the “Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient’s beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient’s program(s) and activity(ies), so long as any portion of the Recipient’s program(s) or activity(ies) is federally assisted in the manner prescribed above. 1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lep.gov. Page 328 of 518 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 2 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 1-4 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees: The sub-grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also includes protection to persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made a part of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency’s or court’s findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other Page 329 of 518 OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 3 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10.If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub- recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient’s obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Date Recipient: City of Englewood, Colorado _________________________________ Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. Page 330 of 518 __________________________________________________ __________________________________________________ OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS City of Englewood1000 Englewood PkwyEnglewood, CO. 80110 DUNS Number: 075750133 Taxpayer Identification Number: 84-6000583 Assistance Listing Number: 21.019 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. Recipient: Authorized Representative: Title: Date signed: U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. Page 331 of 518 1. 2. 3. 4. 5. 6. 7 . 8. U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 2 Page 332 of 518 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 3 Page 333 of 518 10. _____ _ 11. ___ _ 12. _____ _ 13. ___ _ 14. ------------ ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. Publications. Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.” Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 Page 334 of 518 15. ___ _ 16 . ---------- 17. --------------- 18. ------------- Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 5 Page 335 of 518 1 FACT SHEET: The Coronavirus State and Local Fiscal Recovery Funds Will Deliver $350 Billion for State, Local, Territorial, and Tribal Governments to Respond to the COVID-19 Emergency and Bring Back Jobs May 10, 2021 Aid to state, local, territorial, and Tribal governments will help turn the tide on the pandemic, address its economic fallout, and lay the foundation for a strong and equitable recovery Today, the U.S. Department of the Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds, established by the American Rescue Plan Act of 2021, to provide $350 billion in emergency funding for eligible state, local, territorial, and Tribal governments. Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among these governments, and support the communities and populations hardest-hit by the COVID-19 crisis. With the launch of the Coronavirus State and Local Fiscal Recovery Funds, eligible jurisdictions will be able to access this funding in the coming days to address these needs. State, local, territorial, and Tribal governments have been on the frontlines of responding to the immense public health and economic needs created by this crisis – from standing up vaccination sites to supporting small businesses – even as these governments confronted revenue shortfalls during the downturn. As a result, these governments have endured unprecedented strains, forcing many to make untenable choices between laying off educators, firefighters, and other frontline workers or failing to provide other services that communities rely on. Faced with these challenges, state and local governments have cut over 1 million jobs since the beginning of the crisis. The experience of prior economic downturns has shown that budget pressures like these often result in prolonged fiscal austerity that can slow an economic recovery. To support the immediate pandemic response, bring back jobs, and lay the groundwork for a strong and equitable recovery, the American Rescue Plan Act of 2021 established the Coronavirus State and Local Fiscal Recovery Funds, designed to deliver $350 billion to state, local, territorial, and Tribal governments to bolster their response to the COVID-19 emergency and its economic impacts. Today, Treasury is launching this much-needed relief to: • Support urgent COVID-19 response efforts to continue to decrease spread of the virus and bring the pandemic under control; • Replace lost public sector revenue to strengthen support for vital public services and help retain jobs; • Support immediate economic stabilization for households and businesses; and, • Address systemic public health and economic challenges that have contributed to the inequal impact of the pandemic on certain populations. The Coronavirus State and Local Fiscal Recovery Funds provide substantial flexibility for each jurisdiction to meet local needs—including support for households, small businesses, impacted industries, essential workers, and the communities hardest-hit by the crisis. These funds also deliver resources that recipients can invest in building, maintaining, or upgrading their water, sewer, and broadband infrastructure. Page 336 of 518 2 Starting today, eligible state, territorial, metropolitan city, county, and Tribal governments may request Coronavirus State and Local Fiscal Recovery Funds through the Treasury Submission Portal. Concurrent with this program launch, Treasury has published an Interim Final Rule that implements the provisions of this program. FUNDING AMOUNTS The American Rescue Plan provides a total of $350 billion in Coronavirus State and Local Fiscal Recovery Funds to help eligible state, local, territorial, and Tribal governments meet their present needs and build the foundation for a strong recovery. Congress has allocated this funding to tens of thousands of jurisdictions. These allocations include: Type Amount ($ billions) States & District of Columbia $195.3 Counties $65.1 Metropolitan Cites $45.6 Tribal Governments $20.0 Territories $4.5 Non-Entitlement Units of Local Government $19.5 Treasury expects to distribute these funds directly to each state, territorial, metropolitan city, county, and Tribal government. Local governments that are classified as non-entitlement units will receive this funding through their applicable state government. Treasury expects to provide further guidance on distributions to non-entitlement units next week. Local governments should expect to receive funds in two tranches, with 50% provided beginning in May 2021 and the balance delivered 12 months later. States that have experienced a net increase in the unemployment rate of more than 2 percentage points from February 2020 to the latest available data as of the date of certification will receive their full allocation of funds in a single payment; other states will receive funds in two equal tranches. Governments of U.S. territories will receive a single payment. Tribal governments will receive two payments, with the first payment available in May and the second payment, based on employment data, to be delivered in June 2021. USES OF FUNDING Coronavirus State and Local Fiscal Recovery Funds provide eligible state, local, territorial, and Tribal governments with a substantial infusion of resources to meet pandemic response needs and rebuild a stronger, more equitable economy as the country recovers. Within the categories of eligible uses, recipients have broad flexibility to decide how best to use this funding to meet the needs of their communities. Recipients may use Coronavirus State and Local Fiscal Recovery Funds to: Page 337 of 518 3 • Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses, behavioral healthcare, and certain public health and safety staff; • Address negative economic impacts caused by the public health emergency, including economic harms to workers, households, small businesses, impacted industries, and the public sector; • Replace lost public sector revenue, using this funding to provide government services to the extent of the reduction in revenue experienced due to the pandemic; • Provide premium pay for essential workers, offering additional support to those who have borne and will bear the greatest health risks because of their service in critical infrastructure sectors; and, • Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to broadband internet. Within these overall categories, Treasury’s Interim Final Rule provides guidelines and principles for determining the types of programs and services that this funding can support, together with examples of allowable uses that recipients may consider. As described below, Treasury has also designed these provisions to take into consideration the disproportionate impacts of the COVID-19 public health emergency on those hardest-hit by the pandemic. 1. Supporting the public health response Mitigating the impact of COVID-19 continues to require an unprecedented public health response from state, local, territorial, and Tribal governments. Coronavirus State and Local Fiscal Recovery Funds provide resources to meet these needs through the provision of care for those impacted by the virus and through services that address disparities in public health that have been exacerbated by the pandemic. Recipients may use this funding to address a broad range of public health needs across COVID-19 mitigation, medical expenses, behavioral healthcare, and public health resources. Among other services, these funds can help support: • Services and programs to contain and mitigate the spread of COVID-19, including:  Vaccination programs  Medical expenses  Testing  Contact tracing  Isolation or quarantine  PPE purchases  Support for vulnerable populations to access medical or public health services  Public health surveillance (e.g., monitoring for variants)  Enforcement of public health orders  Public communication efforts  Enhancement of healthcare capacity, including alternative care facilities  Support for prevention, mitigation, or other services in congregate living facilities and schools  Enhancement of public health data systems  Capital investments in public facilities to meet pandemic operational needs  Ventilation improvements in key settings like healthcare facilities Page 338 of 518 4 • Services to address behavioral healthcare needs exacerbated by the pandemic, including:  Mental health treatment  Substance misuse treatment  Other behavioral health services  Hotlines or warmlines  Crisis intervention  Services or outreach to promote access to health and social services • Payroll and covered benefits expenses for public health, healthcare, human services, public safety and similar employees, to the extent that they work on the COVID-19 response. For public health and safety workers, recipients can use these funds to cover the full payroll and covered benefits costs for employees or operating units or divisions primarily dedicated to the COVID-19 response. 2. Addressing the negative economic impacts caused by the public health emergency The COVID-19 public health emergency resulted in significant economic hardship for many Americans. As businesses closed, consumers stayed home, schools shifted to remote education, and travel declined precipitously, over 20 million jobs were lost between February and April 2020. Although many have since returned to work, as of April 2021, the economy remains more than 8 million jobs below its pre- pandemic peak, and more than 3 million workers have dropped out of the labor market altogether since February 2020. To help alleviate the economic hardships caused by the pandemic, Coronavirus State and Local Fiscal Recovery Funds enable eligible state, local, territorial, and Tribal governments to provide a wide range of assistance to individuals and households, small businesses, and impacted industries, in addition to enabling governments to rehire public sector staff and rebuild capacity. Among these uses include: • Delivering assistance to workers and families, including aid to unemployed workers and job training, as well as aid to households facing food, housing, or other financial insecurity. In addition, these funds can support survivor’s benefits for family members of COVID-19 victims. • Supporting small businesses, helping them to address financial challenges caused by the pandemic and to make investments in COVID-19 prevention and mitigation tactics, as well as to provide technical assistance. To achieve these goals, recipients may employ this funding to execute a broad array of loan, grant, in-kind assistance, and counseling programs to enable small businesses to rebound from the downturn. • Speeding the recovery of the tourism, travel, and hospitality sectors, supporting industries that were particularly hard-hit by the COVID-19 emergency and are just now beginning to mend. Similarly impacted sectors within a local area are also eligible for support. • Rebuilding public sector capacity, by rehiring public sector staff and replenishing unemployment insurance (UI) trust funds, in each case up to pre-pandemic levels. Recipients may also use this funding to build their internal capacity to successfully implement economic relief programs, with investments in data analysis, targeted outreach, technology infrastructure, and impact evaluations. Page 339 of 518 5 3. Serving the hardest-hit communities and families While the pandemic has affected communities across the country, it has disproportionately impacted low-income families and communities of color and has exacerbated systemic health and economic inequities. Low-income and socially vulnerable communities have experienced the most severe health impacts. For example, counties with high poverty rates also have the highest rates of infections and deaths, with 223 deaths per 100,000 compared to the U.S. average of 175 deaths per 100,000. Coronavirus State and Local Fiscal Recovery Funds allow for a broad range of uses to address the disproportionate public health and economic impacts of the crisis on the hardest-hit communities, populations, and households. Eligible services include: • Addressing health disparities and the social determinants of health, through funding for community health workers, public benefits navigators, remediation of lead hazards, and community violence intervention programs; • Investments in housing and neighborhoods, such as services to address individuals experiencing homelessness, affordable housing development, housing vouchers, and residential counseling and housing navigation assistance to facilitate moves to neighborhoods with high economic opportunity; • Addressing educational disparities through new or expanded early learning services, providing additional resources to high-poverty school districts, and offering educational services like tutoring or afterschool programs as well as services to address social, emotional, and mental health needs; and, • Promoting healthy childhood environments, including new or expanded high quality childcare, home visiting programs for families with young children, and enhanced services for child welfare-involved families and foster youth. Governments may use Coronavirus State and Local Fiscal Recovery Funds to support these additional services if they are provided: • within a Qualified Census Tract (a low-income area as designated by the Department of Housing and Urban Development); • to families living in Qualified Census Tracts; • by a Tribal government; or, • to other populations, households, or geographic areas disproportionately impacted by the pandemic. 4. Replacing lost public sector revenue State, local, territorial, and Tribal governments that are facing budget shortfalls may use Coronavirus State and Local Fiscal Recovery Funds to avoid cuts to government services. With these additional resources, recipients can continue to provide valuable public services and ensure that fiscal austerity measures do not hamper the broader economic recovery. Page 340 of 518 6 Many state, local, territorial, and Tribal governments have experienced significant budget shortfalls, which can yield a devastating impact on their respective communities. Faced with budget shortfalls and pandemic-related uncertainty, state and local governments cut staff in all 50 states. These budget shortfalls and staff cuts are particularly problematic at present, as these entities are on the front lines of battling the COVID-19 pandemic and helping citizens weather the economic downturn. Recipients may use these funds to replace lost revenue. Treasury’s Interim Final Rule establishes a methodology that each recipient can use to calculate its reduction in revenue. Specifically, recipients will compute the extent of their reduction in revenue by comparing their actual revenue to an alternative representing what could have been expected to occur in the absence of the pandemic. Analysis of this expected trend begins with the last full fiscal year prior to the public health emergency and projects forward at either (a) the recipient’s average annual revenue growth over the three full fiscal years prior to the public health emergency or (b) 4.1%, the national average state and local revenue growth rate from 2015-18 (the latest available data). For administrative convenience, Treasury’s Interim Final Rule allows recipients to presume that any diminution in actual revenue relative to the expected trend is due to the COVID-19 public health emergency. Upon receiving Coronavirus State and Local Fiscal Recovery Funds, recipients may immediately calculate the reduction in revenue that occurred in 2020 and deploy funds to address any shortfall. Recipients will have the opportunity to re-calculate revenue loss at several points through the program, supporting those entities that experience a lagged impact of the crisis on revenues. Importantly, once a shortfall in revenue is identified, recipients will have broad latitude to use this funding to support government services, up to this amount of lost revenue. 5. Providing premium pay for essential workers Coronavirus State and Local Fiscal Recovery Funds provide resources for eligible state, local, territorial, and Tribal governments to recognize the heroic contributions of essential workers. Since the start of the public health emergency, essential workers have put their physical well-being at risk to meet the daily needs of their communities and to provide care for others. Many of these essential workers have not received compensation for the heightened risks they have faced and continue to face. Recipients may use this funding to provide premium pay directly, or through grants to private employers, to a broad range of essential workers who must be physically present at their jobs including, among others:  Staff at nursing homes, hospitals, and home-care settings  Workers at farms, food production facilities, grocery stores, and restaurants  Janitors and sanitation workers  Public health and safety staff  Truck drivers, transit staff, and warehouse workers  Childcare workers, educators, and school staff  Social service and human services staff Treasury’s Interim Final Rule emphasizes the need for recipients to prioritize premium pay for lower income workers. Premium pay that would increase a worker’s total pay above 150% of the greater of the state or county average annual wage requires specific justification for how it responds to the needs of these workers. Page 341 of 518 7 In addition, employers are both permitted and encouraged to use Coronavirus State and Local Fiscal Recovery Funds to offer retrospective premium pay, recognizing that many essential workers have not yet received additional compensation for work performed. Staff working for third-party contractors in eligible sectors are also eligible for premium pay. 6. Investing in water and sewer infrastructure Recipients may use Coronavirus State and Local Fiscal Recovery Funds to invest in necessary improvements to their water and sewer infrastructures, including projects that address the impacts of climate change. Recipients may use this funding to invest in an array of drinking water infrastructure projects, such as building or upgrading facilities and transmission, distribution, and storage systems, including the replacement of lead service lines. Recipients may also use this funding to invest in wastewater infrastructure projects, including constructing publicly-owned treatment infrastructure, managing and treating stormwater or subsurface drainage water, facilitating water reuse, and securing publicly-owned treatment works. To help jurisdictions expedite their execution of these essential investments, Treasury’s Interim Final Rule aligns types of eligible projects with the wide range of projects that can be supported by the Environmental Protection Agency’s Clean Water State Revolving Fund and Drinking Water State Revolving Fund. Recipients retain substantial flexibility to identify those water and sewer infrastructure investments that are of the highest priority for their own communities. Treasury’s Interim Final Rule also encourages recipients to ensure that water, sewer, and broadband projects use strong labor standards, including project labor agreements and community benefits agreements that offer wages at or above the prevailing rate and include local hire provisions. 7. Investing in broadband infrastructure The pandemic has underscored the importance of access to universal, high-speed, reliable, and affordable broadband coverage. Over the past year, millions of Americans relied on the internet to participate in remote school, healthcare, and work. Yet, by at least one measure, 30 million Americans live in areas where there is no broadband service or where existing services do not deliver minimally acceptable speeds. For millions of other Americans, the high cost of broadband access may place it out of reach. The American Rescue Plan aims to help remedy these shortfalls, providing recipients with flexibility to use Coronavirus State and Local Fiscal Recovery Funds to invest in broadband infrastructure. Recognizing the acute need in certain communities, Treasury’s Interim Final Rule provides that investments in broadband be made in areas that are currently unserved or underserved—in other words, lacking a wireline connection that reliably delivers minimum speeds of 25 Mbps download and 3 Mbps upload. Recipients are also encouraged to prioritize projects that achieve last-mile connections to households and businesses. Using these funds, recipients generally should build broadband infrastructure with modern technologies in mind, specifically those projects that deliver services offering reliable 100 Mbps download and 100 Page 342 of 518 8 Mbps upload speeds, unless impracticable due to topography, geography, or financial cost. In addition, recipients are encouraged to pursue fiber optic investments. In view of the wide disparities in broadband access, assistance to households to support internet access or digital literacy is an eligible use to respond to the public health and negative economic impacts of the pandemic, as detailed above. 8. Ineligible Uses Coronavirus State and Local Fiscal Recovery Funds provide substantial resources to help eligible state, local, territorial, and Tribal governments manage the public health and economic consequences of COVID-19. Recipients have considerable flexibility to use these funds to address the diverse needs of their communities. To ensure that these funds are used for their intended purposes, the American Rescue Plan Act also specifies two ineligible uses of funds: • States and territories may not use this funding to directly or indirectly offset a reduction in net tax revenue due to a change in law from March 3, 2021 through the last day of the fiscal year in which the funds provided have been spent. The American Rescue Plan ensures that funds needed to provide vital services and support public employees, small businesses, and families struggling to make it through the pandemic are not used to fund reductions in net tax revenue. Treasury’s Interim Final Rule implements this requirement. If a state or territory cuts taxes, they must demonstrate how they paid for the tax cuts from sources other than Coronavirus State Fiscal Recovery Funds—by enacting policies to raise other sources of revenue, by cutting spending, or through higher revenue due to economic growth. If the funds provided have been used to offset tax cuts, the amount used for this purpose must be paid back to the Treasury. • No recipient may use this funding to make a deposit to a pension fund. Treasury’s Interim Final Rule defines a “deposit” as an extraordinary contribution to a pension fund for the purpose of reducing an accrued, unfunded liability. While pension deposits are prohibited, recipients may use funds for routine payroll contributions for employees whose wages and salaries are an eligible use of funds. Treasury’s Interim Final Rule identifies several other ineligible uses, including funding debt service, legal settlements or judgments, and deposits to rainy day funds or financial reserves. Further, general infrastructure spending is not covered as an eligible use outside of water, sewer, and broadband investments or above the amount allocated under the revenue loss provision. While the program offers broad flexibility to recipients to address local conditions, these restrictions will help ensure that funds are used to augment existing activities and address pressing needs. Page 343 of 518 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Devin Keener, Tim Hoos DEPARTMENT: Public Works DATE: June 21, 2021 SUBJECT: Award of Contract to Summers Construction, Inc. for the S. Acoma St. Drainage Improvements Phase 1 Project DESCRIPTION: Approval of a contract to construct the S. Acoma St. Drainage Improvements Phase 1 project in the South Englewood Drainage Basin, Project S3a. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with Summers Construction, Inc. in the amount of $831.919.00 for the South Acoma Street Drainage Improvements Phase 1 Project, with allowance for a 10% contingency in the amount of $83,191.90, to account for unknown circumstances that might be encountered during the project. This 10% contingency will only be utilized, if necessary, to account for items not already in the plans. PREVIOUS COUNCIL ACTION: The South Acoma Street Drainage Improvements Phase 1 Project is also referred to as project S3A in the Stormwater Master Plan that was adopted by the City Council on March 9, 2020 and was prioritized for completion in 2021. SUMMARY: The City issued an invitation for bids on April 22, 2021 and received three (3) bids in response on May 11, 2021. The total bid from the low bidder, Summers Construction, Inc., was $831,919.00, which was 28.7% higher than the engineer's estimate. Considering that all three bids for this work were within 8% of each other and, after reviewing the unit prices in Summers Construction Inc.'s bid, staff feels that this is a reasonable price for this work. Summers Construction, Inc. has successfully performed similar work for other local municipalities in the past and staff feels that they will perform this work in accordance with the City's standards and bid documents. Staff conducted multiple reference checks and all returned favorable comments. ANALYSIS: This contract will have the contractor installing upgrades and improvements to the City's storm drainage system in the upper end of the South Englewood Drainage Basin near the area south of South Acoma Street and Tufts Avenue. This project includes the installation of additional and larger inlets at various locations along with the installation of approximately 800 linear feet of new storm sewer pipe along South Acoma Street and along West Union Avenue. The improvements installed with this project are expected to contain the 25-year flood event within the City-owned right-of-way with a maximum allowance for 8" of ponding depth at inlets. Page 344 of 518 Bidding & Selection Process • Plans and specifications for this project were prepared jointly by EST Engineering and city staff. • Bids were solicited through a formal bidding process which was advertised on the Rocky Mountain BidNet website beginning on April 22, 2021. • Bids were opened and read publicly at 2:00 p.m. on May 11, 2021. • Three (3) bids were received. Project Schedule Per the contract terms, all work must be completed within ninety (90) days after the Notice-to- Proceed is given. It is anticipated that construction will be completed by October 2021. CONCLUSION: The bidding process resulted in a low bidder, Summers Construction, Inc., which was $184,675.50 (28.7%) higher than the engineer's estimate. Summers Construction, Inc. has successfully performed similar work for other local municipalities and other local land developers. Staff is satisfied that they will perform satisfactorily. Staff recommends awarding a contract to Summers Construction, Inc. in the amount of $831,919.00 for the South Acoma Street Drainage Improvements Phase 1 project with an allowance for a 10% contingency in the amount of $83,191.90, if needed. FINANCIAL IMPLICATIONS: The City issued an Invitation to Bid on April 22, 2021 and received three (3) bids in response on May 11, 2021. Those bids are summarized below. A detailed summary of the bid results is attached. Bidder Bid Amount Summers Construction, Inc. $831,919.00 Native Sun Construction $881,842.58 Elite Surface Infrastructure $892,442.60 Engineer's Estimate $647,243.50 Amount over Engineer's Estimate $184,675.50 Summers Construction, Inc.'s total bid was approximately 28.7% higher than the engineer's estimate amount. Approval of a 10% contingency in the amount of $83,191.90 is also recommended to account for unknown circumstances that might be encountered on the project. This 10% will only be utilized, if necessary, to account for items not already in the plans. Summers Construction, Inc. Bid Amount $831,919.00 +10% Contingency $83,191.90 Total Authorized Amount $915,110.90 On April 5, 2021, City Council approved an ordinance authorizing issuance of Stormwater Enterprise Revenue Bonds to provide approximately $10 million in project funding for the Page 345 of 518 purpose of financing several key stormwater projects throughout the city, including the construction costs for this project. This project will be funded from the Stormwater Utility Enterprise Fund account number 42-1607-61201 - Other Improvements. Adequate funding is available in the Stormwater Fund to cover the increased cost of the project above the engineer's estimate amount. CONNECTION TO STRATEGIC PLAN: Outcome Area: Infrastructure A city that proactively, and in a cost-effective manner, invests in, maintains, and plans to protect its infrastructure. • Reduce the number of structures at risk of flooding in a 25-year storm event by 20% OUTREACH/COMMUNICATIONS: A public meeting informing area residents and business owners about this upcoming work was held on June 16. A post card will also be sent from the City to property owners, in the vicinity of the project. informing them of the upcoming work roughly two weeks prior to the start of construction. Per the contract terms, the contractor will then notify residents and businesses owners within 48 hours prior to the date they begin work in each specific area. ATTACHMENTS: Presentation Bid Tabulation Contract Approval Summary Summers Construction, Inc.. Contract CFC 21-59 Construction Specifications General Conditions S Acoma St Drainage Improvement Plans Page 346 of 518 South Acoma Area Storm Drainage Improvements Tim Hoos – Capital Projects and Engineering Manager Devin Keener – Capital Projects Engineer Page 347 of 518 • Provide drainage solutions for key areas in the upper section of the South Englewood Drainage Basin • 25-year rain event storm design with allowance for 8” surface ponding at inlets • Create a safer environment for pedestrians, motorists and homeowners during large rain events Purpose of the Project Page 348 of 518 • Stormwater Master Plan • Recent Studies 1. Calibre Report (2019) 1. Ulteig Report (2020) Project Background W Union Ave and S Broadway Flooding Page 349 of 518 Calibre vs Ulteig Study Breakdown Calibre Report Ulteig Report Design Year Event 25-YR 25-YR Study Type High-Level/Non-Construction Level Detailed/Construction Level Estimated Cost $8.2M $2.2M Pros Increased main trunk line size Determined that existing main trunk line had 25-year capacity with allowance for 8” surface ponding at inlets. Considered floodwater routing and existing lateral pipe and inlet capacities Cons Did not consider existing street and inlet capacity or routing. High cost. Assumes slight surcharging in existing trunk line piping Key take-aways: 1. Calibre Report: Too high level for construction purposes. Very costly to build. 2. Ulteig Report: Conveys same flow. Considered existing street and inlet capacities. Less costly. Page 350 of 518 • Utilized recommendations in Ulteig’s Final Design Report. • City staff and outside consultant performed final design and prepared construction plans. • Flood extent survey of the 25 year flood event. (8” Right of Way depth) • Advertised the Bid publicly to any contractor interested in the work. Project Design Page 351 of 518 •800 linear feet of new and up-sized storm sewer pipe. Enlarged pipe from 30” diameter to 36”- 48” diameter •14 new and up-sized inlets •7 new and upsized manholes •2 concrete alley pads with curb walls to contain flow within alley Phase 1 Project Details and Locations W Oxford AveWindermere StS Navajo StPage 352 of 518 • S Sherman St: east alley • S Acoma St: east & west alleys Improvements included: • Inlet upsizing • Concrete apron installation • Concrete Alley Curbs (S Acoma Alleys only) Phase 1 Alley Inlet Upgrades Page 353 of 518 Phase 2 Project Details and Locations W Oxford AveWindermere StS Navajo St•2000 linear Feet of new and up- sized storm sewer pipe ranging from 18”- 76” in diameter. •3 new and up- sized inlets •6 new and upsized manholes Page 354 of 518 What to Expect: • Englewood Construction Hours 7am-7pm. • Noise • Heavy Machinery • Traffic Disruption • Temporary No Parking signs • Temporary Road and Street Closures • Temporary Alley Closures • Project Notifications/Flyers • Potential removal of signal at Bannock and Tufts to be replaced with 4-way stop. Phase 1 Construction (July through October)Page 355 of 518 • Staff published a Public Invitation for Bid • 3 bids were received • Bids were reviewed for completeness and errors • References checked •Responses received were positive • Scheduled for construction contract award at the June 21 st City Council meeting Phase 1 Contractor Selection Process Page 356 of 518 Questions/Comments?Page 357 of 518 BID ITEM / M&P DESCRIPTION TOTAL QUANTITY UNIT UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 32.01 Clearing and Grubbing 1 LS $17,500.00 $17,500.00 $7,500.00 $7,500.00 $9,520.00 $9,520.00 $7,325.00 $7,325.00 32.02 Removal of Pipe 540 LF $25.00 $13,500.00 $3.50 $1,890.00 $37.50 $20,250.00 $32.50 $17,550.00 32.03 Removal of Manhole 3 EACH $1,100.00 $3,300.00 $811.00 $2,433.00 $3,472.00 $10,416.00 $1,685.00 $5,055.00 32.04 Removal of Inlet 8 EACH $900.00 $7,200.00 $705.00 $5,640.00 $4,032.00 $32,256.00 $1,685.00 $13,480.00 32.05 Removal of Sidewalk 96 SY $32.00 $3,072.00 $25.00 $2,400.00 $30.83 $2,959.68 $9.35 $897.60 32.06 Removal of Concrete Pavement 110 SY $32.00 $3,520.00 $25.00 $2,750.00 $30.83 $3,391.30 $11.10 $1,221.00 32.07 Removal of Curb & Gutter 232 LF $7.00 $1,624.00 $15.00 $3,480.00 $17.75 $4,118.00 $5.85 $1,357.20 32.08 Removal of Asphalt Mat 925 SY $6.50 $6,012.50 $35.00 $32,375.00 $30.83 $28,517.75 $29.75 $27,518.75 32.09 Extra Depth Asphalt Removal 500 SY IN $5.00 $2,500.00 $3.73 $1,865.00 $17.37 $8,685.00 $3.00 $1,500.00 32.10 Structure Backfill 150 CY $200.00 $30,000.00 $115.00 $17,250.00 $74.27 $11,140.50 $45.30 $6,795.00 32.11 Potholing 40 HOUR $250.00 $10,000.00 $300.00 $12,000.00 $504.00 $20,160.00 $400.00 $16,000.00 32.12 Erosion Control Temporary 1 LS $10,000.00 $10,000.00 $10,200.00 $10,200.00 $11,760.00 $11,760.00 $20,000.00 $20,000.00 32.13 Clean Inlet 2 EACH $500.00 $1,000.00 $2,000.00 $4,000.00 $1,736.00 $3,472.00 $1,190.00 $1,190.00 32.14 Sod 50 SF $2.20 $110.00 $7.00 $350.00 $4.71 $235.50 $12.20 $610.00 32.15 Aggregate Base Course (Class 6)250 CY $75.00 $18,750.00 $100.00 $25,000.00 $88.32 $22,080.00 $125.00 $31,250.00 32.16 Hot Mix Asphalt (Grading SX) (75) (PG 64-22)100 TON $120.00 $12,000.00 $145.00 $14,500.00 $173.60 $17,360.00 $153.00 $15,300.00 32.17 Hot Mix Asphalt (Grading S) (75) (PG 64-22)200 TON $110.00 $22,000.00 $155.00 $31,000.00 $172.48 $34,496.00 $136.00 $27,200.00 32.18 Hot Mix Asphalt (Patching) Asphalt)11 TON $200.00 $2,200.00 $161.00 $1,771.00 $442.40 $4,866.40 $243.00 $2,673.00 32.19 Concrete Pavement (8 inch)303 SY $80.00 $24,240.00 $143.00 $43,329.00 $99.01 $30,000.03 $135.85 $41,162.55 32.20 Concrete Pavement (12 inch)10 SY $120.00 $1,200.00 $214.00 $2,140.00 $110.50 $1,105.00 $185.75 $1,857.50 32.21 15 inch Reinforced Concrete Pipe (CIP)8 LF $110.00 $880.00 $340.00 $2,720.00 $173.31 $1,386.48 $490.00 $3,920.00 32.22 18 inch Reinforced Concrete Pipe (CIP)280 LF $135.00 $37,800.00 $111.00 $31,080.00 $174.54 $48,871.20 $110.00 $30,800.00 32.23 24 inch Reinforced Concrete Pipe (CIP)166 LF $150.00 $24,900.00 $126.00 $20,916.00 $196.72 $32,655.52 $146.25 $24,277.50 32.24 24 inch PVC Pipe (CIP)2 LF $150.00 $300.00 $1,182.00 $2,364.00 $512.11 $1,024.22 $720.00 $1,440.00 32.25 36 inch Reinforces Concrete Pipe (CIP)340 LF $200.00 $68,000.00 $195.00 $66,300.00 $247.23 $84,058.20 $242.00 $82,280.00 32.26 48 inch Reinforced Concrete Pipe (CIP)48 LF $300.00 $14,400.00 $296.00 $14,208.00 $314.99 $15,119.52 $355.00 $17,040.00 32.27 36" Reinforced Concrete Collar (6 foot length)1 EACH $2,500.00 $2,500.00 $6,500.00 $6,500.00 $4,853.34 $4,853.34 $2,575.00 $2,575.00 32.28 Inlet Type RL 5 (5 Foot)2 EACH $4,500.00 $9,000.00 $7,514.00 $15,028.00 $8,232.00 $16,464.00 $10,545.00 $21,090.00 32.29 Inlet Type RL 10 (5 Foot)4 EACH $6,000.00 $24,000.00 $8,116.00 $32,464.00 $11,760.00 $47,040.00 $13,100.00 $52,400.00 32.30 Inlet Type RL 15 (5 Foot)1 EACH $7,000.00 $7,000.00 $7,088.00 $7,088.00 $15,288.00 $15,288.00 $15,150.00 $15,150.00 32.31 Inlet Type RL 15 (10 Foot)1 EACH $8,000.00 $8,000.00 $9,304.00 $9,304.00 $19,992.00 $19,992.00 $17,815.00 $17,815.00 32.32 Inlet Type 16 Double Comb. (5 Foot)1 EACH $4,500.00 $4,500.00 $6,187.00 $6,187.00 $9,408.00 $9,408.00 $7,715.00 $7,715.00 32.33 Inlet Triple Type 13 1 EACH $8,000.00 $8,000.00 $9,224.00 $9,224.00 $11,760.00 $11,760.00 $11,105.00 $11,105.00 32.34 Inlet Quad Type 13 1 EACH $10,000.00 $10,000.00 $11,880.00 $11,880.00 $19,992.00 $19,992.00 $16,175.00 $16,175.00 32.35 Inlet Quad Type 13 Special 1 EACH $10,000.00 $10,000.00 $14,296.00 $14,296.00 $16,464.00 $16,464.00 $15,790.00 $15,790.00 32.36 Inlet Single Type 13 Special 1 EACH $7,000.00 $7,000.00 $4,128.00 $4,128.00 $5,264.00 $5,264.00 $7,850.00 $7,850.00 32.37 Inlet Double Type 13 Special 1 EACH $7,000.00 $7,000.00 $6,362.00 $6,362.00 $9,408.00 $9,408.00 $12,275.00 $12,275.00 32.38 Manhole 48" Dia. Slab Base (5 Foot) 2 EACH $4,000.00 $8,000.00 $4,924.00 $9,848.00 $6,384.00 $12,768.00 $5,225.00 $5,225.00 32.39 Manhole 48" Dia. Slab Base (10 Foot) 1 EACH $5,200.00 $5,200.00 $4,859.00 $4,859.00 $7,504.00 $7,504.00 $5,560.00 $5,560.00 32.40 Manhole 60" Dia. Slab Base (10 Foot) 1 EACH $8,500.00 $8,500.00 $13,289.00 $13,289.00 $10,024.00 $10,024.00 $10,650.00 $10,650.00 32.41 Manhole 72" Dia. Slab Base (10 Foot) 3 EACH $10,000.00 $30,000.00 $14,524.00 $43,572.00 $11,760.00 $35,280.00 $10,700.00 $32,100.00 32.42 Manhole 72" Dia. Slab Base (15 Foot) 1 EACH $12,500.00 $12,500.00 $14,779.00 $14,779.00 $15,288.00 $15,288.00 $13,215.00 $13,215.00 32.43 Concrete Sidewalk (6 inch)95 SY $70.00 $6,650.00 $300.00 $28,500.00 $79.46 $7,548.70 $91.30 $8,673.50 32.44 Concrete Curb & Gutter Type 2 (Section II-B) 86 LF $35.00 $3,010.00 $150.00 $12,900.00 $41.59 $3,576.74 $44.00 $3,784.00 32.45 Install Curb 12"200 LF $35.00 $7,000.00 $65.00 $13,000.00 $41.59 $8,318.00 $51.00 $10,200.00 32.46 Construction Surveying 1 LSL $17,500.00 $17,500.00 $17,500.00 $17,500.00 $9,520.00 $9,520.00 $17,150.00 $17,150.00 32.47 Mobilization 1 LS $25,000.00 $25,000.00 $82,000.00 $82,000.00 $48,217.50 $48,217.50 $75,000.00 $75,000.00 32.48 Construction Traffic Control 1 LS $50,000.00 $50,000.00 $65,000.00 $65,000.00 $44,800.00 $44,800.00 $80,000.00 $80,000.00 32.49 Resident Notifications 1 LS $3,000.00 $3,000.00 $3,500.00 $3,500.00 $5,600.00 $5,600.00 $12,000.00 $12,000.00 32.50 Subgrade Preparation 1125 SY $7.00 $7,875.00 $10.00 $11,250.00 $6.72 $7,560.00 $8.20 $9,225.00 32.51 F/A Minor Contract Revisions 30000 EACH $1.00 $30,000.00 $1.00 $30,000.00 $1.00 $30,000.00 $1.00 $30,000.00 BID SCHEDULE TOTAL: $647,243.50 $831,919.00 $881,842.58 $892,422.60 Note: ESI Submitted bid does not match quantity total Engineer Estimate Elite Surface Infrastructure S Acoma St Drainage Improvements Phase 1 Construction Costs Summers Construction (Low Bid)Native Sun Construction Page 358 of 518 Contract Approval Summary 6/1/2021 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: Devin Keener Phone: (303) 913-8696 Title: Capital Projects Engineer Email: dkeener@englewoodco.gov Vendor Contact Information Vendor Name: Summers Construction Inc. Vendor Contact: Tim Valdez Vendor Address: 3490 Helena St Vendor Phone: (720) 859-7820 City: Aurora Vendor Email: TValdez@SCInc.us State: CO Zip Code: 80011 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: July 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): $831,919.00 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 following payment schedule. This schedule will include monthly payments. Monthly payments will be made upon work completed and the approval of the invoice. Attachments: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents The City of Englewood will conduct its S Acoma St Drainage Improvement Phase 1 project. This contract will have the contractor perform various drainage improvements including the removal and installation of new storm sewer pipes and inlets. Page 359 of 518 Contract Approval Summary 6/1/2021 Page | 2 Source of funds: Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☒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 The City issued an invitation to bid on April 22, 2021 and received three (3) bids in response on May 11, 2021. The total from the lowest bidder, Summers Construction, Inc., was $831,919.00 which was 28.7% more than City staff's estimate. 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Oo_:_0m:v\Z030 Page 363 of 518 33 31.0 Minor Contract Revisions Miscellaneous modifications in the work, ordered by the Project Engineer in the form of a written or verbal field order, will be considered a minor contract revision. If the contractor feels that a field order issued by the Engineer entitles the contractor to a change in the total contract price or time, or both, (i.e. the contractor feels that the field order involves costs over and above the amount available in the Minor Contract Revisions bid item) then the Contractor shall notify the Engineer, in writing, within 5 days after receipt of the field order. The Contractor shall not execute any such field order changes ordered by the Engineer pending the receipt of a written Change Order document executed either by the Director of Public Works, City Manager or Mayor authorizing an increase in the total contract price. Any such work completed by the contractor prior to receipt of an executed Change Order will be at the contractor’s risk and be subject to removal by the contractor should a Change Order not be approved and executed by the City Manager or Mayor for such work. 32.0 Special Provisions. The following specifications apply directly to the contract bid items. 32.01 CLEARING AND GRUBBING General This work consists of removal and disposal of trash of any kind within the limits of the right of way, easement areas, and other areas shown in the contract or required by the work. These items shall be removed and disposed of by the Contractor during construction and prior to final acceptance of the project. Construction Requirements No clearing and grubbing shall take place in areas outside of the limits of construction. The Contractor shall not remove any shrubs or trees within the project limits without prior written approval from the Engineer. All trees and shrubs within or adjacent to the project limits, unless otherwise noted, shall be protected. Clearing and grubbing shall include the removal of all shrubs and trees with a trunk diameter less than 6-inches within the project limits. Removal of trees with a trunk diameter 6 inches or greater shall be measured and paid for as Removal of Tree. Trunk diameter shall be determined by measuring at a point 3 feet above the existing ground line. The Contractor shall mark all trees and shrubs that are required to be removed and shall obtain written approval from the Engineer prior to beginning clearing and grubbing. Any stockpiling of trees and shrub material in excess of one day shall not be visible from the roadway. The Contractor shall contact the Engineer if the Contractor thinks additional trees need to be removed. Temporary easement areas shall not be cleared and grubbed unless absolutely necessary for construction purposes. Limits of clearing and grubbing shall be field verified by the Engineer after field staking has been completed and prior to beginning any clearing and grubbing. Contractor shall trim trees as necessary to keep branches from becoming a hazard to detour traffic or a conflict with the proposed improvements. Trimming as directed by the Engineer within the project limits will be measured and paid for as part of the Minor Contract Revisions Force Account. Removal of trash will not be measured and paid for separately but shall be included in the cost of clearing and grubbing. Salvaging and placing logs and mulch will not be measured and paid for separately but shall be included in the work. The Contractor shall remove and dispose of all visible abandoned utility appurtenances that are located within the work area or right of way and abandoned as a result of this project. Page 364 of 518 34 These items shall not be disposed of within the project limits. Removal of utility appurtenances will not be measured and paid for separately but shall be included in the work. Minor fence removal and resets shall be included in this price. Method of Measurement and Basis of Payment Clearing and Grubbing shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.02 REMOVAL OF PIPE General This work consists of the removal and disposal of all pipes of any size and material, as shown on the plans. Construction Requirements Contractor shall refer to section 202 of the latest edition of the CDOT Standard Specifications. The miscellaneous existing materials/features that are in conflict with the construction of the project and require removal or reset, shall be removed in a manner that minimizes damage, functionality and or contamination of the adjacent underlying materials, shall be removed and or reset. The removed materials shall become the property of the Contractor and shall be disposed at contractor’s expense outside the project limits. Excavation shall be considered incidental to the removal of pipe. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled to top of existing asphalt by the end of the work day, no open trenches are allowed to remain overnight. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated Page 365 of 518 35 material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1. Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2. Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3. Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4. Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5. Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6. For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7. Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment REMOVAL OF PIPE shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Measurement shall be reported to and verified by the City Inspector at time of removal. Costs associated with over excavation will not be paid separately and is the responsibility of the contractor if encountered. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.03 REMOVAL OF MANHOLE General This work consists of removing and disposing of two manholes on S Acoma St. Construction Requirements Contractor shall refer to section 202 of the latest edition of the CDOT Standard Specifications. The miscellaneous existing materials/features that are in conflict with the construction of the project and require removal or reset, shall be removed in a manner that minimizes damage, functionality and or contamination of the adjacent underlying materials, shall be removed and or reset. The removed materials shall become the property of the Contractor and shall be disposed at his expense outside the project limits. Excavation shall be considered incidental to the work. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or Page 366 of 518 36 angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1. Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2. Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3. Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4. Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5. Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6. For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7. Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment REMOVAL OF MANHOLE shall be paid at the contract unit price per EACH as shown on the plan. Costs associated with over excavation will not be paid separately and is the responsibility of the contractor if encountered. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.04 REMOVAL OF INLET General This item shall consist of removing and disposing of existing inlets as called out on the plan. Page 367 of 518 37 Construction Requirements Contractor shall refer to section 202 of the latest edition of the CDOT Standard Specifications. The miscellaneous existing materials/features that are in conflict with the construction of the project and require removal or reset, shall be removed in a manner that minimizes damage, functionality and or contamination of the adjacent underlying materials, shall be removed and or reset. The removed inlet and materials shall become the property of the Contractor and shall be disposed at his expense outside the project limits. Excavation of soil required to perform this work shall be included in the price and not paid for separately. No exposed trenches or holes are allowed to remain overnight. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. Method of Measurement and Basis of Payment REMOVAL OF INLET shall be paid at the contract unit price per EACH as shown on the plan. Costs associated with over excavation will not be paid separately and is the responsibility of the contractor if encountered. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.05 REMOVAL OF SIDEWALK General This work shall consist of the removal and disposal of concrete sidewalk to make room for the proposed inlets and pipe as shown on the plans. Construction Requirements Contractor shall refer to article 202.07 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. Concrete sidewalk to be removed shall be saw cut to full depth at the nearest transverse joint and along the edge of pavement, unless otherwise directed by engineer. All advance sawing shall be performed with a wet saw. All water and concrete dust residue shall be cleaned from site at the time of sawing. Removed concrete shall be disposed of properly off site by the end of the work day that it was removed. Excavated soil must either be disposed of properly offsite, or stockpiled and utilized as backfill. All excavated material must be approved by the City of Englewood prior to use as backfill. No excess soil is to remain on site after project completion. Pits created by the removal of sidewalk shall not be allowed to remain open overnight. Proper pedestrian signage shall be in place before work is to begin. Method of Measurement and Basis of Payment REMOVAL OF SIDEWALK shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. Saw cutting shall not be paid for separately, but shall be included in the unit price for removal of concrete sidewalks. Proper disposal of removed concrete shall also be included in the unit price. Removal of excess soil shall be included in the unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 368 of 518 38 32.06 REMOVAL OF CONCRETE PAVEMENT General This work shall consist of the removal and disposal of a concrete drain pan and alley pavement as shown on the plans. Construction Requirements Contractor shall refer to article 202.07 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. Concrete to be removed shall be saw cut to full depth. All advance sawing shall be performed with a wet saw. All water and concrete dust residue shall be cleaned from site at the time of sawing. Removed concrete shall be disposed of properly off site by the end of the work day that it was removed. Excavated soil must either be disposed of properly offsite, or stockpiled and utilized as backfill. All excavated material must be approved by the City of Englewood prior to use as backfill. No excess soil is to remain on site after project completion. Pits created by the removal of concrete pavement shall not be allowed to remain open overnight. Method of Measurement and Basis of Payment REMOVAL OF CONCRETE PAVEMENT shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. Saw cutting shall not be paid for separately, but shall be included in the unit price for removal of concrete pavement. Proper disposal of removed concrete shall also be included in the unit price. Removal of excess soil shall be included in the unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.07 REMOVAL OF CURB AND GUTTER General This work shall consist of the removal and disposal of concrete curb and gutter as shown on the plans. Construction Requirements Contractor shall refer to article 202.07 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. Concrete curb and gutter to be removed shall be saw cut to full depth at the nearest transverse joint and along the edge of pavement, unless otherwise directed by engineer. All advance sawing shall be performed with a wet saw. All water and concrete dust residue shall be cleaned from site at the time of sawing. Removed material shall be disposed of properly off site by the end of the work day that it was removed. Method of Measurement and Basis of Payment REMOVAL OF CURB & GUTTER shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Saw cutting shall not be paid for separately, but shall be included in the unit price for removal and replacement of concrete curb and gutter. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 369 of 518 39 32.08 Removal of Asphalt Mat General This work shall consist of the removal and disposal of asphalt as shown on the plans up to a depth of 6 inches. Construction Requirements Contractor shall refer to article 202.09 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. All advance sawing shall be performed with a wet saw. All water and asphalt dust residue shall be cleaned from site at the time of sawing. The contractor shall replace at his expense and as directed by the engineer, any material that he damages or destroys, which is beyond the limits established for removal. Contractor shall not remove asphalt further out than the limits of removal shown on the map without approval from the inspector and/or engineer. No separate or additional payment will be made if contractor removes more asphalt than the removal area shown on the plans. Removed asphalt shall be disposed of properly offsite at the end of the workday that it was removed. Open trenches of any depth created by the removal of asphalt shall not be allowed to remain overnight. Contractor shall be required to close/fill, compact and or cover the stretch of asphalt removed before leaving the construction site at the end of the work day. The closed trench shall be drivable and flush with the existing street pavement. Contractor shall monitor the weather before removing asphalt mat. The City requires a 3- day minimum drying period after each precipitation even on exposed subgrade. The drying period begins at 12:00am, the day after the rain event. Method of Measurement and Basis of Payment REMOVAL OF ASPHALT MAT shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. Saw cutting shall not be paid for separately, but shall be included in the unit price for removal of asphalt. Proper offsite disposal of asphalt shall also be included in the unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.09 Extra Depth Asphalt Removal General This work shall consist of the removal and disposal of asphalt over 6 inches in depth. Construction Requirements Contractor shall refer to article 202.09 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. All advance sawing shall be performed with a wet saw. All water and asphalt dust residue shall be cleaned from site at the time of sawing. The contractor shall replace at his expense and as directed by the engineer, any material that he damages or destroys, which is beyond the limits established for removal. Page 370 of 518 40 Contractor shall not remove asphalt further out than the limits of removal shown on the map without approval from the inspector and/or engineer. No separate or additional payment will be made if contractor removes more asphalt than the removal area shown on the plans. Removed asphalt shall be disposed of properly offsite at the end of the workday that it was removed. Open trenches of any depth created by the removal of asphalt shall not be allowed to remain overnight. Contractor shall be required to close/fill, compact and or cover the stretch of asphalt removed before leaving the construction site at the end of the work day. The closed trench shall be drivable and flush with the existing street pavement. Method of Measurement and Basis of Payment EXTRA DEPTH ASPHALT REMOVAL shall be paid at the contract unit price per SQUARE YARD INCH (SY-IN) as shown on the plan. Saw cutting shall not be paid for separately, but shall be included in the unit price for removal of asphalt. Basis of Payment shall be per square- yard per inch. Proper offsite disposal of asphalt shall also be included in the unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.10 Structural Backfill General This work is at the City’s discretion. It may be necessary to utilize (Flow-Fill, Class 1, Class 2 and / or Squeegee) in lieu of backfilling excavated trench soil where a 95% soil compaction is not able to be achieved. Materials Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) Construction Requirements The contractor shall backfill with structure backfill material in lieu of backfilling with excavated native trench material at locations as requested by the Engineer. The City representative will determine, at the time of excavation, the need and use of structural backfill in accordance with Englewood Design and Construction Standards and Specifications. Structural backfill material shall meet the requirements of Englewood Design and Construction Standards. The required method of removing trench spoils is to load them into dump trucks during excavation for immediate removal from the job site. Removal/over-excavation of soil to make room for structural backfill shall be included in this price and shall not be paid for separately. Method of Measurement and Basis of Payment STRUCTURAL BACKFILL shall be paid by the CUBIC YARD (CY) of material that is placed and shall include removal and haul off of the native material as well as haul of the structural backfill material to the job site and placed in the excavation. Measurement shall be to the bottom of asphalt surfacing. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 371 of 518 41 32.11 Potholing General This work shall consist of potholing to determine the elevation of existing utilities, if necessary. Construction Requirements Contractor shall refer to section 203 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. In section 203.05, (f) potholing, add the following to the second paragraph: All necessary potholing as determined by the Contractor and agreed to by the Engineer shall be completed under this item with appropriate equipment as approved. The Contractor shall acquire necessary permits, locate utilities, excavate all materials of whatever character required to expose the utilities, survey the location of the utilities, and backfill the excavation to existing grade lines with the excavated or other approved materials. Backfilling shall be accomplished in accordance with subsection 206.03. The Contractor shall use extreme caution during this work. All damage to existing utility lines or adjacent facilities shall be repaired promptly at the Contractor’s expense. Potholing will be measured by the total number of hours that excavation and backfilling equipment is actually used as directed. All other related work, including removal of existing pavement, backfilling, shoring, repaving, and labor will not be measured and paid for separately, but shall be included in the work. Contractor shall notify the City Engineer prior to commencing potholing. Contractor shall provide an estimated number of hours. Potholing hours must be documented by the contractor in writing and signed off on by the City Inspector. This work will be measured by the Units noted below Hour (HR) and shall be completed and accepted. Method of Measurement and Basis of Payment POTHOLING shall be paid at the contract unit price per HOUR as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.12 Erosion Control Temporary General This section details the labor, materials and equipment and procedures required to manage erosion and sedimentation from construction sites. All work shall be in conformance with the latest editions of the Englewood Storm Drainage Criteria Manual and Volume 3, Best Management Practices, Drainage Criteria Manual from the Urban Drainage and Flood Control District. Material Erosion control devises and procedures to be utilized include, but are not limited to; Check Dams Curb Socks Street Sweeping Inlet Protection Sediment Control Log Fuel/Chemical Handling Page 372 of 518 42 Sanitary Facilities Soil Retention Blankets Inlet protection in the right-of-way shall be made from a manufactured, heavy duty geotextile filter bag or sleeve to protect the grate and curb opening and shall be installed to allow overflow into the inlet. If topsoil is to be left uncovered for extended period of time before sodding, contractor shall refer to sections 216 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. Construction Requirements The contractor shall place all erosion control devices as necessary to meet standard Best Management Practices (BMP’s) or as directed by the Engineer. The Contractor shall monitor the performance of the erosion control devices and other (BMP’s) on a regular basis and after every rainfall event. Contractor shall adjust, repair or replace all erosion control BMP’s when necessary. The contractor shall be responsible for cleaning all paved areas of mud and debris due to construction activities on a daily basis or as directed by the City of Englewood. The contractor must submit an Erosion Control and/or Stormwater Management Plan prior to the start of construction showing the proposed placement of all erosion control BMP’s. All work shall be completed in conformance with the approved Erosion Control Plan and/or Stormwater Management Plan (SWMP) and the requirements of the Colorado Discharge Permit System (CDPS) along with the City of Englewood Storm Drainage Criteria Manual. No material will be allowed to leave site. All erosion control BMP’s shall be per the latest issue of Volume 3 of the Urban Storm Drainage Criterial Manual. The contractor shall be responsible for cleaning all paved areas of mud and debris due to construction activities on a daily basis or as directed by the City of Englewood. Inlet protection in the right-of-way shall be made from a manufactured, heavy duty geotextile filter bag or sleeve to protect the grate and curb opening and shall be installed to allow overflow into the inlet. Method of Measurement and Basis of Payment EROSION AND SEDIMENT CONTROL shall be paid at the contract unit price LUMP SUM (LS). The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.13 Clean Inlet General This work shall consist of removing debris from 2 existing inlets as shown on the plans. (Alley East of S Acoma St and Alley East of S Sherman St. Construction Requirements Contractor shall use hand tools to remove sediments, trash, and leaves that have built up in the existing inlets over time. Removed material shall become property of the Contractor who shall dispose of the debris off site. Page 373 of 518 43 Method of Measurement and Basis of Payment CLEAN INLET shall be paid at the contract unit price EACH. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.14 Sod General This work shall consist of furnishing and placing SOD in the S Acoma St area as directed by the City Engineer, if determined to be necessary. Material TBD from City approved sod supplier Construction Requirements Contractor shall refer to section 212 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. Method of Measurement and Basis of Payment SOD shall be paid at the contract unit price SF. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.15 Aggregate Base Course (Class 6) General This work consists of procuring and placing to CDOT standards, the base course layer under the proposed asphalt replacement layer as shown on the plans. Material 4” thick ¾” Class 6 base course Construction Requirements Contractor shall follow guidelines for construction per section 403 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall prepare the subgrade to ensure compaction of 98% or greater. Contractor shall place base course and shape it to follow the existing road slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Subgrade compaction shall be tested before asphalt is placed by a 3rd party contractor. This test shall be paid for by the City. The Contractor shall work with the 3rd party contractor to collect proctor samples and test the soil compaction on each street before asphalt is placed. The contractor shall contact the 3rd party contractor and let them know when and where to be to collect proctor samples and perform compaction tests. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per CY for AGGREGATE BASE COURSE (CLASS 6). This unit price shall include all labor, materials, equipment to complete the work described herein. Page 374 of 518 44 32.16 Hot Mix Asphalt (Grading SX) (75) (PG 64-22) General This work consists of procuring and placing to CDOT standards, the top 2” layer of asphalt to be replaced as shown on the plans. Material Asphalt Gradation SX 75 Asphalt Binder Grade PG 64-22 Tack Coat Construction Requirements Contractor shall follow guidelines for construction per section 403 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Asphalt binder shall be grade PG 64-22 and meet the requirements as shown in table 20.2F-1 of the MGPEC Volume I Pavement Design Standards and Construction Specifications. Asphalt shall be sampled and tested at the beginning of each day the asphalt is poured. This shall be done by a 3rd party and shall be paid for by the City, however, the Contractor shall be responsible for communication with the 3rd party tester. The Contractor shall let the 3rd party know where and when to come and sample each morning. Tack Coat shall be placed along the edges of the sawed asphalt and in between the top and bottom lifts. Tack coat shall be included in the bit item price and not charged separately. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per TON for HOT MIX ASPHALT (GRADING SX) (75) (PG 64-22). This unit price shall include all labor, materials, equipment to complete the work described herein. No separate payment shall be made for asphalt placed over 2” in thickness. 32.17 Hot Mix Asphalt (Grading S) (75) (PG 64-22) General This work consists of procuring and placing to CDOT standards, the bottom layer of asphalt to be replaced as shown on the plans. Material Asphalt Gradation S 75 Asphalt Binder Grade PG 64-22 Tack Coat Construction Requirements Contractor shall follow guidelines for construction per section 403 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall pre-plan the base layer lift of Gradation S Asphalt to ensure to ensure that 2 inches in depth remains to tie flush into the existing surface asphalt with the top lift of asphalt. Asphalt shall match the existing asphalt thickness or a minimum of 6” thickness total, (including the top 2” Gradation SX layer), whichever is greater. Maximum lift height shall be 4”. Asphalt binder shall be grade PG 64-22 Page 375 of 518 45 and meet the requirements as shown in table 20.2F-1 of the MGPEC Volume I Pavement Design Standards and Construction Specifications. Asphalt shall be sampled and tested at the beginning of each day the asphalt is placed. This shall be done by a 3rd party and shall be paid for by the City, however, the Contractor shall be responsible for communication with the 3rd party tester. The Contractor shall let the 3rd party know where and when to come and sample each morning. Contractor shall not place asphalt without verbal or written authorization from the City Engineer, stating that proctor sampling and compaction testing has occurred. Tack Coat shall be placed along the edges of the sawed asphalt and in between the top and bottom lifts. Tack coat shall be included in the bit item price and not charged separately. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per TON for HOT MIX ASPHALT (GRADING S) (75) (PG 64-22). This unit price shall include all labor, materials, equipment to complete the work described herein. 32.18 Hot Mix Asphalt (Patching) (Asphalt) General This work consists of procuring and placing to CDOT standards, Gradation S Asphalt as shown on the plans around the inlets on Broadway and Tufts Avenue. Material Asphalt Gradation S 75 Asphalt Binder Grade PG 64-22 Tack Coat Construction Requirements Contractor shall follow guidelines for construction per section 403 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. The asphalt patching shall match the existing asphalt thickness on Broadway and Tufts Avenue, or a minimum of 6” thickness, whichever is greater. Maximum lift height shall be 4”. Asphalt binder shall be grade PG 64-22 and meet the requirements as shown in table 20.2F-1 of the MGPEC Volume I Pavement Design Standards and Construction Specifications. Asphalt shall be sampled and tested at the beginning of each day the asphalt is poured. This shall be done by a 3rd party and shall be paid for by the City, however, the Contractor shall be responsible for communication with the 3rd party tester. The Contractor shall let the 3rd party know where and when to come and sample each morning. Tack Coat shall be placed along the edges of the sawed asphalt and in between the top and bottom lifts. Tack coat shall be included in the bit item price and not charged separately. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per TON for HOT MIX ASPHALT (PATCHING) (ASPHALT). This unit price shall include all labor, materials, equipment to complete the work described herein. Page 376 of 518 46 32.19 Concrete Pavement (8 Inch) General This work shall consist of furnishing and placing Concrete Pavement for cross drain pans as shown on the plans. Material Concrete shall be Class B and conform to the requirements of section 601 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. The contractor shall submit a mix design for approval by the engineer. Adjustments may be made to the mix design in the field at the direction of the engineer. Concrete must be 4500 psi, as shown on the plans. Contractor shall also furnish a bed course such that all particles pass through a ¾” sieve opening (Class 6). Construction Requirements Contractor shall refer to the requirements of section 601 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Bed course material is required and shall follow the requirements of article 703.07 of the latest CDOT Standard Specifications for Road and Bridge Construction. The depth of the concrete should be 8” thick. Excavated soil must be immediately loaded and hauled away from the job site. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Contractor must shape alley pavement to meet the standards on sheet 28 of the specs. Method of Measurement and Basis of Payment CONCRETE PAVEMENT (8 Inch) shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, and final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. No additional compensation will be made for extra costs related to mixing, batching, transporting, placing, or curing concrete in cold temperatures. 32.20 Concrete Pavement (12 Inch) General This work shall consist of furnishing and placing Concrete Pavement south of the intersection of Broadway and Union. Specifically, this work shall replace the RTD Bus pad that has to be removed in order to put in the triple type 13 inlet. Material Concrete shall be Class B and conform to the requirements of section 601 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. The contractor shall submit a mix design for approval by the engineer. Adjustments may be made to the mix design in the field at the direction of the engineer. Concrete must be 4500 psi, as shown on the plans. Contractor shall also furnish a bed course such that all particles pass through a ¾” sieve opening (Class 6). Page 377 of 518 47 Construction Requirements Contractor shall refer to the requirements of section 601 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Bed course material is required and shall follow the requirements of article 703.07 of the latest CDOT Standard Specifications for Road and Bridge Construction. The depth of the concrete should be 8” thick. Excavated soil must be immediately loaded and hauled away from the job site. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Method of Measurement and Basis of Payment CONCRETE PAVEMENT (12 Inch) shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, and final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. No additional compensation will be made for extra costs related to mixing, batching, transporting, placing, or curing concrete in cold temperatures. 32.21 15 Inch Reinforced Concrete Pipe (CIP) General This work shall consist of furnishing, placing and connecting 15” RCP as shown on the plans. Specifically, this pipe shall be installed near the northwest corner of the intersection of Tufts Avenue and Lincoln Street. Material 15” Reinforced Concrete Pipe Squeegee 3/8” Bedding Tracer Wire Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: Page 378 of 518 48 No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to exact size to be flush with inside openings of the proposed and existing inlets. Contractor shall core hole into existing inlet and grout around openings. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock Page 379 of 518 49 bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 15 INCH REINFORCED CONCRETE PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 380 of 518 50 32.22 18 Inch Reinforced Concrete Pipe (CIP) General This work shall consist of furnishing, placing and connecting 18” RCP Class III as shown on the plans. Material 18” Reinforced Concrete Pipe Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to be flush with inside openings of connecting inlets or manhole structures. Contractor shall grout around openings on connecting structures. Page 381 of 518 51 All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. Page 382 of 518 52 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 18 INCH REINFORCED CONCRETE PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.23 24 Inch Reinforced Concrete Pipe (CIP) General This work shall consist of furnishing, placing and connecting 24” RCP Class III as shown on the plans. Material 24” Reinforced Concrete Pipe Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: Page 383 of 518 53 No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to be flush with inside openings of connecting inlets or manhole structures. Contractor shall grout around openings on connecting structures. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock Page 384 of 518 54 bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 24 INCH REINFORCED CONCRETE PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 385 of 518 55 32.24 24 Inch PVC Pipe (CIP) General This work shall consist of furnishing, placing and connecting 24” PVC as shown on the plans. Specifically, this will serve as the connection between inlets M and N. Material 24” Polyvinyl Chloride (PVC) C-900 Pipe Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to be flush with inside openings of connecting inlets or manhole structures. Contractor shall grout around openings on connecting structures. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. Page 386 of 518 56 The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 Page 387 of 518 57 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 24 INCH PVC PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, and final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.25 36 Inch Reinforced Concrete Pipe (CIP) General This work shall consist of furnishing, placing and connecting 36” RCP Class III as shown on the plans. Material 36” Reinforced Concrete Pipe Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Page 388 of 518 58 Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to be flush with inside openings of connecting inlets or manhole structures. Contractor shall grout around openings on connecting structures. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. Page 389 of 518 59 The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 36 INCH REINFORCED CONCRETE PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 390 of 518 60 32.26 48 Inch Reinforced Concrete Pipe (CIP) General This work shall consist of furnishing, placing and connecting 48” RCP Class III as shown on the plans. Material 48” Reinforced Concrete Pipe Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the pipe will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Connecting and grouting pipe to up and downstream structures shall be included in this bid price and shall not be paid for separately. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall field fit pipe, saw cutting to be flush with inside openings of connecting inlets or manhole structures. Contractor shall grout around openings on connecting structures. Page 391 of 518 61 All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. Page 392 of 518 62 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 48 INCH REINFORCED CONCRETE PIPE (CIP) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.27 36” Reinforced Concrete Collar (6 foot length) General This work shall consist of furnishing and installing a 36” Concrete Collar near the Acoma St low spot to connect a proposed 36” RCP to an existing 36” CMP. Material 36” Reinforced Concrete Collar Construction Requirements Contractor shall refer to the requirements of section 206 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Subsection 206.06, delete (b) and replace with the following: All excavation and backfill required to install the collar will not be measured for payment but shall be included in the bid price for the pipe. Subsection 206.07 is hereby revised to include the following: Structure excavation and embankment material that is required for all pipes will not be measured and paid for separately but shall be included in the work. Contractor shall refer to the requirements of section 603 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Section 603.12 is hereby revised to include the following: Page 393 of 518 63 No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for pipes. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Contractor shall grout around openings on connecting structures. Contractor shall ensure perfect seal between proposed and existing pipe. All excavations, trenching, shoring and stockpiling of excavated materials shall be in strict compliance with the applicable Occupational Safety and Health Act (OSHA) rules and regulations. The length of trench permitted to be open at any one time may be limited when, in the opinion of the Engineer, such limitation is necessary for the safety and convenience of the public; however, in no case shall the length of open trench exceed 400 feet, except when the Engineer provides written permission to do otherwise. All trenching must be filled by the end of the work day, no open trenches are allowed to remain overnight. The closed trench shall be drivable and flush with the existing street pavement. During construction, the Contractor shall provide and maintain adequate equipment to properly remove and dispose of all water entering the trench or other part of the work. In water bearing strata, well points, sub drains or any other method approved by the Engineer may be required to provide a dry trench. Pipe trenches shall be kept free from water during excavation, fine grading, pipe laying and jointing. Dewatering, sufficient to provide a completely dry trench, shall be maintained during all pipe laying and jointing operations. The Contractor shall be responsible for damage resulting from the dewatering operations. The discharge from any trench dewatering operations shall be conducted to natural drainage channels or other structures as approved by the Engineer and in accordance with applicable permits. Ground water shall not be discharged into sanitary sewers. Unless provided for in the Contract Documents, dewatering shall be considered as incidental to construction and all costs incurred will be considered to be included in the unit price bid for the construction of each section of sewer line, associated structures, laterals and appurtenances. If soft or otherwise unsuitable foundation material is encountered during the course of completing the work, it shall be removed and replaced with select backfill material and/or angular rock bedding material so as to provide a suitable foundation for the pipe, structure and/or appurtenance or roadway, as determined by the Engineer. The presence of excessive moisture in a material is not, by itself, sufficient cause for determining that the material is unsuitable. Additionally, material which becomes unsuitable due to negligence or the means and methods utilized by the contractor will not be considered for payment. The costs incurred to remove and replace these materials shall be included in the associated unit price bid for the respective utility line, associated structures, laterals and/or appurtenances. Page 394 of 518 64 Unsuitable material encountered within an excavated area during construction shall be excavated and disposed of by the Contractor as directed by the Engineer. Payment for excavation, disposal and replacement of unsuitable materials will not be paid for unless specifically authorized in writing by the Engineer. It may be necessary for the Contractor to rework, solely at the Contractor's own expense; dry, wet or otherwise satisfactory excavated material as necessary to obtain conformance with backfill requirements. Unsuitable materials are defined as: 1.Rock Excavation: Rock shall be defined as material consisting of igneous, metamorphic and sedimentary materials which cannot be excavated without blasting or the use of rippers, or boulders or other detached stones having a volume of 1/2 cubic yard or more, or having a specific gravity of at least 2.24 and weight not less than 140.4 pounds per cubic foot. The unit price bid for rock excavation will include granular bedding, select material, or any other material specifically approved in writing by the Engineer required to fill the excavated area. 2.Soil and excavated material containing rubbish, organics, frozen material, broken pavement, debris, stones larger than three (3) inches in diameter. 3.Muck, defined as an organic soil consisting of highly decomposed materials with more than 30% organic material and are generally referred to as peat or muck. These soils have bulk densities as low as 25 to 37 lb/ft^3 4.Material determined to be of such an unstable nature as to be incapable of being compacted to the specified density using ordinary methods, at optimum moisture content. 5.Material which is too wet to be properly compacted and circumstances prevent suitable in-place drying prior to incorporation into the work. 6.For backfill to be used within a street, roadway or any other area where the degree of compaction is critical, material having a plasticity index greater than twenty (20) shall be considered unsuitable. 7.Material otherwise unsuitable for the planned use per the Contract Documents. Method of Measurement and Basis of Payment 36” REINFORCED CONCRETE COLLAR (6 FOOT LENGTH) shall be paid at the contract unit price per EACH as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading of bedding shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.28 Inlet Type R L 5 (5 Foot) General This work shall consist of furnishing and installing two Type R L 5 inlets as shown on the plan. Specifically, the inlets shall be installed along Broadway, between Tufts Ave and Union Ave. Material Inlet Type R L 5 (5 Foot) – 5-foot length, (5-foot depth and shallower inlet category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Page 395 of 518 65 Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TYPE R L 5 (5 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 396 of 518 66 32.29 Inlet Type R L 10 (5 Foot) General This work shall consist of furnishing and installing four Type R inlets as shown on the plan. Specifically, the inlets shall be installed along Broadway, between Tufts Ave and Union Ave. Material Inlet Type R L 10 (5 Foot) – 10-foot length, (5-foot depth and shallower inlet category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in Page 397 of 518 67 the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TYPE R L 10 (5 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.30 Inlet Type R L 15 (5 Foot) General This work shall consist of furnishing and installing two Type R inlets as shown on the plan. Material Inlet Type R L 15 (5 Foot) – 15-foot length, (5-foot depth and shallower inlet category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Page 398 of 518 68 The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TYPE R L 15 (5 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.31 Inlet Type R L 15 (10 Foot) General This work shall consist of furnishing and installing two Type R inlets as shown on the plan. Material Inlet Type R L 15 (5 Foot) – 15-foot length, (5 to 10-foot depth inlet category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Page 399 of 518 69 Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TYPE R L 15 (10 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.32 Inlet Type 16 Double Comb. (5 Foot) General This work shall consist of furnishing and installing a Type 16 Double Combination inlet as shown on the plan. Specifically, the inlet shall be installed at the northwest corner of the intersection of Tufts and Lincoln. Material Inlet Type 16 Double Comb. (5-foot depth and shallower inlet category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Contractor shall be required to field fit inlet as necessary to ensure proper pipe connection and pipe slopes. Page 400 of 518 70 Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2 and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TYPE 16 DOUBLE COMB. shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.33 Inlet Triple Type 13 General This work shall consist of furnishing and installing a Triple Type 13 Inlet as shown on the plan. Specifically, this inlet shall be located on the southwest corner of the intersection of Broadway and Union Ave. Material Inlet Triple Type 13 Squeegee 3/8” Bedding Page 401 of 518 71 Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Contractor shall be required to field fit inlet as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET TRIPLE TYPE 13 shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 402 of 518 72 32.34 Inlet Quad Type 13 General This work shall consist of furnishing and installing a Quad Type 13 Inlet as shown on the plan. Specifically, this inlet shall be located on Union Ave, approximately halfway between S Acoma St and Broadway. Material Inlet Quad Type 13 Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Contractor shall be required to field fit inlet as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Page 403 of 518 73 Method of Measurement and Basis of Payment INLET QUAD TYPE 13 shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.35 Inlet Quad Type 13 Special General This work shall consist of furnishing and installing a Quad Type 13 Inlet as shown on the plan. Specifically, this inlet is located in the alley west of S Acoma St. Material Inlet Quad Type 13 (Special) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Page 404 of 518 74 Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET QUAD TYPE 13 (SPECIAL) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.36 Inlet Single Type 13 Special General This work shall consist of furnishing and installing a Quad Type 13 Inlet as shown on the plan. Specifically, this inlet shall be located in the east alley of Sherman St, between Tufts Ave and Union Ave. Material Inlet Single Type 13 (Special) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Page 405 of 518 75 Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET SINGLE TYPE 13 (SPECIAL) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.37 Inlet Double Type 13 Special General This work shall consist of furnishing and installing a Quad Type 13 Inlet as shown on the plan. Specifically, this inlet shall be located S Acoma St’s east alley. Material Inlet Double Type 13 (Special) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall construct inlet as shown on the plan. Elevation and locations of existing inflowing and outflowing pipes shown in the plans are approximate. Contractor shall verify elevations and locations of existing pipe connections and field fit inlet to properly connect to existing pipes. No additional payment shall be made if inlet must be modified to something other than what is shown on the plan for the purposes of connecting inlet to existing pipes. Page 406 of 518 76 Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil and / or Squeegee) for inlets and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment INLET DOUBLE TYPE 13 (SPECIAL) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.38 Manhole 48” Dia. Slab Base (5 Foot) General This work shall consist of furnishing and installing two 48” diameter manholes on Union Ave, one approximately halfway between Acoma St and Broadway, and the other at the SW corner of the intersection of Union Ave and Broadway. Material Manhole 48” Dia. Slab Base (5-foot depth and shallower manhole category. Actual depth varies per plan detail.) Page 407 of 518 77 Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall be required to field fit manhole as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil, and / or Squeegee) for manholes and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment MANHOLE 48” DIA. SLAB BASE (5 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. Page 408 of 518 78 32.39 Manhole 48” Dia. Slab Base (10 Foot) General This work shall consist of furnishing and installing a 48” diameter manhole on Union Ave, between Acoma St and Broadway. Material Manhole 48” Dia. Slab Base (Between 10-foot depth and 5-foot depth manhole category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall be required to field fit manhole as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil, and / or Squeegee) for manholes and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Page 409 of 518 79 Method of Measurement and Basis of Payment MANHOLE 48” DIA. SLAB BASE (10 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.40 Manhole 60” Dia. Box Base (10 Foot) General This work shall consist of furnishing and installing a 60” diameter manhole the intersection of Acoma St and Union Ave. Material Manhole 60” Dia. Slab Base (Between 10-foot depth and 5-foot depth manhole category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall be required to field fit manhole as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil, and / or Squeegee) for manholes and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Page 410 of 518 80 Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment MANHOLE 60” DIA. SLAB BASE (10 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.41 Manhole 72” Dia. Box Base (10 Foot) General This work shall consist of furnishing and installing three 72” diameter manholes. two shall be on Acoma St and the other on Union, east of Broadway. Material Manhole 72” Dia. Slab Base (Between 10-foot depth and 5-foot depth manhole category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall be required to field fit manhole as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil, and / or Squeegee) for manholes and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. Page 411 of 518 81 The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment MANHOLE 72” DIA. SLAB BASE (10 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.42 Manhole 72” Dia. Box Base (15 Foot) General This work shall consist of furnishing and installing a 72” diameter manhole. This is the northernmost manhole to be installed along S Acoma St. Material Manhole 72” Dia. Slab Base (Between 15-foot depth and 10-foot depth manhole category. Actual depth varies per plan detail.) Squeegee 3/8” Bedding Construction Requirements Contractor shall refer to the requirements of section 604 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall be required to field fit manhole as necessary to ensure proper pipe connection and pipe slopes. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Page 412 of 518 82 Section 604.07 is hereby revised to include the following: No separate measurement and payment will be made for Structure Excavation and Structure Backfill (Flow-Fill, Class 1, Class 2, Existing Soil, and / or Squeegee) for manholes and pipes. All excavated material must be approved by the City of Englewood prior to use as backfill. Additionally, Taps (tapping of existing pipes, manholes, etc.), form liners, form ties, weep holes, grouting, and all other items necessary for construction not identified in the Bid Schedule shall be subsidiary to the work. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. The Contractor shall submit a list of bedding material to the Engineer a minimum of Ten (10) days prior to placement for the Engineer’s review and approval. Bedding (Alternative 1 or Alternative 2) and excavation for bedding as specified on CDOT M Standard M-603-3 will not be measured and paid for separately but shall be included in the bid price for pipes. Manholes and inlets will be measured by the complete unit including rings and covers or gratings and frames. Connections to existing structures will not be measured or paid for but shall be included in the manhole or inlet. The accepted quantities will be paid for at the contract unit price for each of the pay items listed below that appear in the bid schedule. Except as otherwise indicated on the plans or in the special provisions, all connecting devices will not be measured and paid for separately but shall be included in the work. Relocating and resetting of inlet grates and frames from another inlet on the project. Method of Measurement and Basis of Payment MANHOLE 72” DIA. SLAB BASE (15 FOOT) shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. Excavation, grading, and subgrade preparation shall be included in the unit price. Removal and proper disposal of excavated material shall be included in the unit price. Furnishing, compaction, final grading and bedding material shall be included in this unit price. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.43 Concrete Sidewalk (6 Inch) General This work consists of furnishing and placing portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions shown on the plans or established by the engineer. Material Concrete for sidewalks shall be Class B in accordance with section 601 of the 2019 Edition of the CDOT Standard Specifications for Road and Bridge Construction. The contractor shall submit a mix design for approval by the engineer. Adjustments may be made to the mix design in the field at the direction of the engineer. Page 413 of 518 83 Construction Requirements Contractor shall refer to section 608 of the latest edition of the Colorado Department of Transportation (CDOT) standard specifications for Road and Bridge Construction. The depth of the sidewalks shall be 6” thick. Contractor shall refer to the plan set details. Backfill and back sloping shall be considered incidental to this work and shall be flush to the top of sidewalks. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per SQUARE YARD (SY) for CONCRETE SIDEWALK (6 INCH). This unit price shall include all labor, materials, equipment to complete the work described herein. 32.44 Concrete Curb & Gutter Type 2 (Section II-B) General This work consists of furnishing and placing Portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions shown on the plans or established by the engineer. Material Concrete for curb & gutter shall be Class B in accordance with section 601 of the 2019 Edition of the CDOT Standard Specifications for Road and Bridge Construction. The contractor shall submit a mix design for approval by the engineer. Adjustments may be made to the mix design in the field at the direction of the engineer. Construction Requirements This work shall conform to the requirements of Section 609 of the latest version of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall refer to article 609.03 for Cast-in-Place Concrete Curb per the latest version of the CDOT Standard Specifications for Road and Bridge Construction. Bed course material shall follow the requirements of article 703.07 of the latest CDOT Standard Specifications for Road and Bridge Construction. Contractor shall refer to and construct per the Englewood Standard Specification Detail for Spill and Catch Curb. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Method of Measurement and Basis of Payment CONCRETE CURB & GUTTER TYPE 2 (SECTION II-B) shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. No additional compensation will be made for extra costs related to mixing, batching, transporting, placing, or curing concrete in cold temperatures. Page 414 of 518 84 32.45 INSTALL CURB 12” General This work consists of furnishing and placing Portland cement concrete in accordance with these specifications and in conformity with the lines, grades and dimensions shown on sheet 28 of the plans or established by the engineer. Specifically, this work shall be on the alleys east and west of Acoma St. Material Concrete for curb & gutter shall be 4500 PSI Class B in accordance with section 601 of the 2019 Edition of the CDOT Standard Specifications for Road and Bridge Construction. The contractor shall submit a mix design for approval by the engineer. Adjustments may be made to the mix design in the field at the direction of the engineer. Construction Requirements This work shall conform to the requirements of Section 609 of the latest version of the CDOT Standard Specifications for Road and Bridge Construction. Concrete Curb shall be 12” deep by 6” wide. Concrete Curb shall be poured monolithically with alley pavement (see sheet 28 of the plans). Contractor shall back fill curb with excavated material from this work. Excavated material for back fill shall be either hauled off site and stored, or placed behind the forms along fence edges. Excavated material shall not be piled up on the alley or in any way that impedes vehicular traffic. Excavation of soil required to perform this work shall be included in the price and shall not be paid for separately. Method of Measurement and Basis of Payment INSTALL CURB 12” shall be paid at the contract unit price per LINEAR FOOT (LF) as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. No additional compensation will be made for extra costs related to mixing, batching, transporting, placing, or curing concrete in cold temperatures. 32.46 Construction Surveying General This work shall consist of all survey needs of the project to ensure that each structure is built to the elevations as shown on the plan. Construction Requirements Contractor shall refer to the requirements of section 625 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Limited bench marks are provided on the plans. Contractor shall contact the City to retrieve official CAD and PDF survey of the project area. Page 415 of 518 85 Method of Measurement and Basis of Payment CONSTRUCTION SURVEYING shall be paid at the contract unit price per LUMP SUM (LS) as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.47 Mobilization General This work consists of the mobilization costs of construction. Method of Measurement and Basis of Payment MOBILIZATION shall be paid at the contract unit price per LUMP SUM (LS) in accordance to section 626 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.48 Construction Traffic Control General This work consists of all traffic control measures needed to complete the project as shown in the plans. This work shall also include the furnishing of a traffic plan to submit to the City for obtaining necessary ROW permitting prior to the start of construction. Material All signs, barricades, and other traffic control equipment shall conform to applicable portions of the most recent edition of the Manual on Uniform Traffic Control Devices (MUTCD). Construction Requirements Contractor shall refer to the requirements of section 625 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. Contractor shall submit a traffic control plan for review at least 10 days prior to construction. Contractor shall not commence work without proper traffic control in place. If Contractor is found to be working without proper traffic control as detailed in their submitted traffic control plan, the City reserves the right to implement a monetary penalty for each occurrence. The penalty shall be based on the fraction of inadequate traffic control days vs total days of traffic control needed. Inadequate traffic control days shall be defined as any point during the day where traffic control in the field doesn’t match the approved traffic plan that the Contractor submitted to the City. Therefore, if traffic control is not adequately in place at any point in the day, the City shall not pay for that day. The penalty shall result in a loss of percentage in the Contractor’s original bid item. For alley work, Contractor shall put up a notice of alley work/closure near the alley entrances, 48 hours prior to closing the alleys. Page 416 of 518 86 Method of Measurement and Basis of Payment CONSTRUCTION TRAFFIC CONTROL shall be paid at the contract unit price per LUMP SUM (LS) in accordance to section 625 of the latest edition of the CDOT Standard Specifications for Road and Bridge Construction. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.49 Resident Notifications General Contractor shall furnish and post hard copy notifications at each residence or business adjacent to the project site. Notification shall be posted at least 24 hours in advance and no more than 48 hours in advance of starting work in a given section of the project. Notification may be in the form of a door hanger, letter, postcard, or other method approved by the Engineer. Notification must include: • Project Title • City of Englewood Logo • Contractor’s Name/Logo • Description of work • Approximate Time Frame of Work • Contractor Contact Information • Englewood Contact Information Notification must be affixed to-or immediately adjacent to- the front entrance to each residence or business. Notification shall be affixed in an easy-to-see location and shall not cause damage to the residence or business. A sample notification shall be submitted to the Engineer for approval prior to use. Method of Measurement and Basis of Payment This work will be paid for at the contract unit price per LUMP SUM for RESIDENT NOTIFICATIONS. This unit price shall include all labor, materials, equipment to complete the work described herein. This lump sum shall include multiple notifications of the same residences if the time between mobilizations makes it appropriate. 32.50 Subgrade Preparation General Contractor shall perform scarification of the subgrade to a depth of 12” below the bottom of the proposed pavement and- if necessary- provide suitable time for drying of the subgrade material. The Engineer shall determine how much drying time is necessary. Contractor shall allow for up to 3 consecutive days of drying if deemed necessary by the Engineer. Any precipitation that occurs during the drying period shall reset the drying time if deemed necessary by the Engineer. The clock starts at 12:00am, the day after the precipitation event occurs. Any scarification deeper than 12” below the bottom of the proposed pavement for the purposes of speeding up drying time shall be at the contractor’s digression and expense. Contractor shall perform a proof roll under the supervision of the Engineer. The proof roll shall be performed with a suitable piece of construction equipment that exerts a minimum 18-kip axle load. The Engineer shall determine whether the subgrade is suitable for paving based on the Page 417 of 518 87 results of the proof roll. Subgrade must meet a minimum 95% compaction to be accepted by the Engineer. Following scarification, drying, and compaction, contractor shall grade to the horizontal lines shown on the plans. Layout shall be performed by the contractor and subgrade shall be graded such that the new pavement will match existing pavement grades as closely as possible while maintaining positive westward drainage at the desired pavement thickness. Method of Measurement and Basis of Payment SUBGRADE PREPERATION shall be paid at the contract unit price per SQUARE YARD (SY) as shown on the plan. The unit price shall include all labor, equipment, and material necessary to complete the work as described herein. 32.50 Minor Contract Revisions General Miscellaneous modifications in the work, ordered by the Project Engineer in the form of a written or verbal field order, will be considered a minor contract revision. If the contractor feels that a field order issued by the Engineer entitles the contractor to a change in the total contract price or time, or both, (i.e. the contractor feels that the field order involves costs over and above the amount available in the Minor Contract Revisions bid item) then the Contractor shall notify the Engineer, in writing, within 5 days after receipt of the field order. The Contractor shall not execute any such field order changes ordered by the Engineer pending the receipt of a written Change Order document executed either by the Director of Public Works, City Manager or Mayor authorizing an increase in the total contract price. Any such work completed by the contractor prior to receipt of an executed Change Order will be at the contractor’s risk and be subject to removal by the contractor should a Change Order not be approved and executed by the City Manager or Mayor for such work. Page 418 of 518 D - i 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 Performance of the Work ...................................................................................................... 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 Page 419 of 518 D - ii 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 Subcontractor ....................................................................................................................... 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 ..................................................................................................... 40 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 .................... 42 Article 9. PROTECTION OF PERSONS, PROPERTY AND ENVIRONMENT ......................................... 43 9.1 Protection of Persons ........................................................................................................... 43 Page 420 of 518 D - iii 9.2 Protection of Property ......................................................................................................... 43 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 ............................................................ 45 9.7 Utilities ................................................................................................................................. 45 9.8 Coordination with Englewood Utilities ................................................................................ 46 9.9 Notification of Affected Utility and Property Owners ......................................................... 46 9.10 Pollution Control .................................................................................................................. 45 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 ...................................... 48 10.1 Compliance with Laws, Licenses and Permits ...................................................................... 48 Article 11. BONDS........................................................................................................................ 48 11.1 Bonds .................................................................................................................................... 48 Article 12. WARRANTY ................................................................................................................ 49 12.1 Scope of Warranty ............................................................................................................... 49 12.2 Owners Right to Correct ....................................................................................................... 49 12.3 Warranty Period ................................................................................................................... 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 City ................................................................................................................. 53 14.2 Owner to Contractor ............................................................................................................ 53 14.3 No Personal Liability of the Project Engineer or Project Manager ...................................... 53 14.4 No Waiver of Legal Rights .................................................................................................... 53 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 ............................................................................................................... 55 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 .......................................................................... 56 17.1 Removal and Disposal of Structures and Obstructions ........................................................ 56 17.2 Cleaning Up and Restorations .............................................................................................. 56 17.3 Removal of Condemned Materials and Work ...................................................................... 57 17.4 Pests & Vector Control ......................................................................................................... 57 Page 421 of 518 D - iv 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 ................................................................................................... 57 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 ........................................................................................................................... 59 19.6 Shop Drawings...................................................................................................................... 59 19.7 Record Documents ............................................................................................................... 60 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 ........................................................................................................ 61 20.3 Rights-of-Way ....................................................................................................................... 61 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 ............................................................................................ 63 24.1 Discovery of Concealed Physical Conditions ........................................................................ 63 24.2 Inspection and Drawing Update........................................................................................... 63 24.3 Delays ................................................................................................................................... 63 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 Page 422 of 518 D - v 26.1 Binding Contract ................................................................................................................... 64 26.2 Legislative of Judicial Decisions ............................................................................................ 64 26.3 Superseding .......................................................................................................................... 64 26.4 Professional Standards ......................................................................................................... 64 26.5 Notification in Writing .......................................................................................................... 64 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 ................................................................................ 65 26.13 Audit ..................................................................................................................................... 65 26.14 Federal Aid Provisions .......................................................................................................... 65 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 .................................................................................................... 66 Page 423 of 518 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. Page 424 of 518 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 Page 425 of 518 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 Page 426 of 518 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 Page 427 of 518 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 limited to. 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. Page 428 of 518 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. Page 429 of 518 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 Page 430 of 518 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 an 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. Page 431 of 518 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 Page 432 of 518 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 Page 433 of 518 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. Page 434 of 518 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. Page 435 of 518 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 each day. 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 Page 436 of 518 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 this contract. 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 Page 437 of 518 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. Page 438 of 518 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 Page 439 of 518 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 Page 440 of 518 18 event, exceed the cost of the extra work resulting from such suspension. Such cost, if any, shall be determined in 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. Page 441 of 518 19 Typical excusable/non-compensable delays, without limitation, include strikes, lockouts, natural fires not 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. Page 442 of 518 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 the Owner 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 the Owner 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; Page 443 of 518 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 Page 444 of 518 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. Page 445 of 518 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. Page 446 of 518 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. Page 447 of 518 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. Page 448 of 518 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; Page 449 of 518 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 Page 450 of 518 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 Page 451 of 518 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 fully and 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 Page 452 of 518 30 appropriations to cover the costs of such additional work have been made or unless such work is covered under a remedy-granting provision of this contract. For purposes of this paragraph, "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. Page 453 of 518 31 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 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 Page 454 of 518 32 sets out as specifically as practicable the requested adjustments to Contract Price, Contract 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 examine books, records, documents and other evidence and accounting principles and Page 455 of 518 33 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; (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 subsequently awarded 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, Page 456 of 518 34 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 negotiated price 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 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. Page 457 of 518 35 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 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. Page 458 of 518 36 • 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 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. Page 459 of 518 37 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 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 Page 460 of 518 38 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, 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 the subcontractor shall not knowingly employ 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 Page 461 of 518 39 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. 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 Page 462 of 518 40 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 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 Page 463 of 518 41 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 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 Page 464 of 518 42 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 timely notice to the Project Engineer, or Project Manager, so the Project Engineer, or Project Manager, may, if he/she wishes, be present to observe the Work in progress, or any Extra or 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 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. Page 465 of 518 43 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. 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. Page 466 of 518 44 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, may order the damaged portion immediately removed 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 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 Page 467 of 518 45 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 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 Page 468 of 518 46 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). 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. Page 469 of 518 47 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 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 notify the 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, Page 470 of 518 48 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. 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, Page 471 of 518 49 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 strictly conform 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 under this 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 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 regarding defects 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 Page 472 of 518 50 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 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. Page 473 of 518 51 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. 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, Page 474 of 518 52 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 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 Page 475 of 518 53 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 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 Page 476 of 518 54 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. 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 Page 477 of 518 55 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 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 Page 478 of 518 56 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. 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 Page 479 of 518 57 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 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 Page 480 of 518 58 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 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 Page 481 of 518 59 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 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 Page 482 of 518 60 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. Any information 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; or Rejected. (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 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 Page 483 of 518 61 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. 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- Page 484 of 518 62 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. 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. Page 485 of 518 63 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. 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. Page 486 of 518 64 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 of the 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 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 Page 487 of 518 65 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 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. Page 488 of 518 66 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 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. Page 489 of 518 Page 490 of 518 LEGEND1)CONTACT CITY OF ENGLEWOOD UTILITIES DEPARTMENT (303-762-2635) FOR ANY APPLICABLE WATER AND/OR SEWER SERVICE PERMIT REQUIREMENTS PRIOR TO CONSTRUCTION.2)FOR TEMPORARY WATER FOR CONSTRUCTION PURPOSES, COORDINATE WITH ENGLEWOOD UTILITIES (303-762-2635), AT LEAST 3 DAYS IN ADVANCE. NO CONNECTION TO A CITY FIRE HYDRANT WILL BE ALLOWED UNTIL THE CONTRACTOR HAS OBTAINED A FIRE HYDRANTPERMIT FROM THE UTILITIES DEPARTMENT.3)A WATER SERVICE AND/OR SANITARY SEWER SERVICE CUT OFF PERMIT MUST BE OBTAINED FROM THE CITY OF ENGLEWOOD UTILITIES OFFICE PRIOR TO THE DEMOLITION OF ANY STRUCTURE CONNECTED TO EXISTING CITY UTILITIES OR JUST FOR CUT-OFFS OFEXISTING UTILITIES. ENGLEWOOD UTILITIES SHOULD BE CONTACTED FOR ADDITIONAL DETAILS.4) ALL WORK WITHIN THE RIGHT OF WAY (ROW) SHALL BE IN CONFORMANCE WITH THE CITY OF ENGLEWOOD'S STANDARDS AND SPECIFICATIONS.5)PRIOR TO ANY EXCAVATION WORK FOR WATER, SANITARY, AND STORM SEWER LINES WITHIN PUBLIC RIGHT OF WAY (ROW), A "PUBLIC ROW EXCAVATION PERMIT" SHALL BE OBTAINED FROM THE PUBLIC WORKS DEPARTMENT. ALL WORK SHALL BE PERFORMED BY A CITYLICENSED AND BONDED CONTRACTOR. OBTAIN THE LICENSE THROUGH THE BUILDING DIVISION (303)-762-2357. THE EXCAVATION BOND SHALL BE PROCESSED THROUGH THE PUBLIC WORKS DEPARTMENT (303)-762-2500.6)ALL CROSSINGS OF THE CITY OF ENGLEWOOD'S WATER, SANITARY, AND STORM SEWER FACILITIES MUST BE POTHOLED TO VERIFY A MINIMUM 5 FEET OF HORIZONTAL CLEARANCE AND A MINIMUM 18 INCH VERTICAL CLEARANCE BETWEEN THE PROPOSED CONDUIT(S)AND THE EXISTING UTILITIES.7)CALL 811 FOR UTILITIES LOCATES THREE (3) DAYS IN ADVANCE OF DIGGING. EMERGENCY LOCATES MUST BE CALLED IN ON THE SAME DAY OF THE EXCAVATION AND VERIFIED AS AN EMERGENCY BY THE UTILITIES DEPT. PERSONNEL.8)IN CASE OF A UTILITY MAIN BEING RELOCATED, CONTRACTOR MUST VERIFY ALL EXISTING SERVICE CONNECTIONS TO THE MAIN BEING RELOCATED.9)CONTRACTOR TO COORDINATE HORIZONTAL AND VERTICAL LOCATIONS OF UTILITY SERVICE CONNECTIONS TO BUILDING WITH MECHANICAL/PLUMBING PLANS PRIOR TO CONSTRUCTION. NOTIFY ENGINEER OF RECORD WITH ANY DISCREPANCIES.10)ALL MATERIALS AND WORKMANSHIP SHALL BE IN CONFORMANCE WITH CITY OF ENGLEWOOD ENGINEERING STANDARDS, MATERIALS SPECIFICATIONS, AND DRAWINGS. THE CITY FOLLOWS DENVER WATER STANDARDS FOR WATER SYSTEM DESIGN/CONSTRUCTION ANDSOUTHGATE SANITATION DISTRICT STANDARDS FOR SANITARY SEWER SYSTEM DESIGN/CONSTRUCTION , WITH SOME RESTRICTIONS/SUBSTITUTIONS, MOSTLY AFFECTING MATERIAL SPECIFICATIONS. CONTACT BOB KUNSELMAN AT (303)-762-2635 FOR DETAILS.11)FOR WATER MAIN VALVE SHUT-OFFS, CONTACT THE CITY AT (303)-762-2635 AT LEAST THREE DAYS IN ADVANCE.12)IF A STRUCTURE IS TO BE BUILT OVER AN EXISTING SANITARY SEWER SERVICE LINE SERVICING AN EXISTING BUILDING, THE PIPE MUST BE RELOCATED OR REPLACED WITH PIPE MATERIAL APPROVED FOR USE UNDERNEATH A BUILDING WHICH IS SCHEDULE 40 PVC. IFTHE LOCATION OF THE EXISTING SEWER SERVICE IS NOT KNOWN, IT SHALL BE THE RESPONSIBILITY OF CONTRACTOR TO DETERMINE THE LOCATION BY WHATEVER MEANS NECESSARY.13)THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY DAMAGE TO EXISTING IMPROVEMENTS AND UTILITIES AND SHALL REPAIR OR REPLACE ANY DAMAGE AT HIS EXPENSE AND AS DIRECTED BY ENGLEWOOD UTILITIES INSPECTOR.14)THE TYPE, SIZE, LOCATION, AND NUMBER OF ALL KNOWN UNDERGROUND UTILITIES SHOWN ON THE DRAWINGS ARE TO BE CONSIDERED AS APPROXIMATE. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE EXISTENCE AND VERTICAL/HORIZONTALLOCATIONS OF ALL UNDERGROUND UTILITIES ON THE SITE, AND OFFSITE WORK AREAS, INCLUDING THEIR RESPECTIVE SIZES AS WELL AS PIPE MATERIALS, PRIOR TO BEGINNING OF CONSTRUCTION. NOTIFY THE ENGINEER OF ANY DISCREPANCIES. FOR INFORMATIONCONTACT: UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) - 1- (800)-922-1987 OR 811.15)ALL PIPE LENGTHS AND SLOPES ARE MEASURED FROM CENTER OF STRUCTURE TO CENTER OF STRUCTURE. STATIONING, WHERE SHOWN, IS ALONG CENTER LINE OF STREET UNLESS OTHERWISE NOTED.16)ALL MATERIALS AND WORKMANSHIP SHALL BE SUBJECT TO INSPECTION BY THE CITY OF ENGLEWOOD AND PUBLIC WORKS DEPARTMENT. THE CITY RESERVES THE RIGHT TO ACCEPT OR REJECT ANY SUCH MATERIALS AND WORKMANSHIP THAT DOES NOT CONFORM TOITS STANDARDS AND SPECIFICATIONS. FIELD CONDITIONS MIGHT NECESSITATE CHANGES TO THE APPROVED DESIGN.17)CITY OF ENGLEWOOD PUBLIC WORKS AND DEPT. INSPECTORS WILL BE CONDUCTING INSPECTIONS/APPROVALS OF UTILITIES CONSTRUCTION FOR WET UTILITIES. FOR UTILITY INSPECTIONS, NOTIFY ENGLEWOOD UTILITIES AT LEAST 72 HOURS IN ADVANCE. ALSO, MR.BOB KUNSELMAN (PH: (303)-762-2635) SHOULD BE INVITED TO ANY UTILITIES RELATED PRE-CONSTRUCTION MEETING(S) SO THAT ALL ISSUES ARE DISCUSSED IN ADVANCE. HE WOULD REQUIRE AT LEAST (7) DAYS ADVANCE NOTICE.18)NO UTILITY TRENCH SHALL REMAIN OPEN OVERNIGHT.19)UTILITY TRENCHES ARE TO BE SLOPED OR BRACED AND SHEETED AS NECESSARY TO FURNISH SAFE WORKING CONDITIONS FOR THE WORKMEN AND THE PROTECTION OF OTHER UTILITIES IN COMPLIANCE WITH ALL APPLICABLE LOCAL, STATE, AND FEDERAL HEALTHAND SAFETY RULES AND REGULATIONS.20)CONTRACTOR SHALL CONFORM TO ALL PUBLIC WORKS REQUIREMENTS FOR UTILITY TRENCH BACKFILL/SUBGRADE, ASPHALT PLACEMENT AND COMPACTION TESTING. USE OF FLOW-FILL IN PLACE OF BACKFILL MATERIAL SHALL BE WITH PRIOR APPROVAL FROM PUBLICWORKS DEPT.21)THE CONTRACTOR SHALL HAVE AN APPROVED SET OF CONSTRUCTION PLANS ON SITE AT ALL TIMES. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL NECESSARY PERMITS FOR THE CONSTRUCTION, NOTIFYING AND SCHEDULING ALL LOCAL AGENCIES FOR THERESPECTIVE INSPECTIONS.22)THE CONTRACTOR SHALL FURNISH THE ENGINEER OF RECORD A COMPLETE SET OF CONSTRUCTION RECORD DRAWINGS (“AS-BUILT”), FOR THE CONSTRUCTED IMPROVEMENTS OF NEWLY INSTALLED UTILITIES AS WELL AS EXISTING UTILITIES ADJUSTED TO FINAL GRADEAND/OR RELOCATED. AS-BUILT DRAWINGS SHALL SHOW LOCATIONS OF VALVES, HYDRANTS, WATER METERS/VAULTS, MISC. FITTINGS, STORM/SANITARY MANHOLES, INLETS, VAULTS (INCLUDING ELEVATIONS - RIMS/INVERTS), PIPE ALIGNMENTS (VERTICAL/HORIZONTAL),PIPE SIZES AND MATERIALS, ETC. (ITEMS PERTAINING TO THIS PROJECT), AND ANY VARIATIONS FROM THE APPROVED PLANS. NORTHING-EASTINGS (BASED ON NAD-83) SHALL BE ADDED/SHOWN FOR HORIZONTAL CONTROL. ENGINEER WILL THEN PREPARE RECORDDRAWINGS AND PROVIDE TO THE CITY. DELIVERED MEDIA TO INCLUDE COLORADO P.E. STAMPED/SIGNED HARD COPY DRAWINGS AS WELL AS ELECTRONIC FILES IN SCALABLE PDF's (CAD FILES NOT ACCEPTED AT THIS TIME; SHAPE FILES ARE ACCEPTED BUT NOTREQUIRED). IN ADDITION TO ALL OTHER APPLICABLE REQUIREMENTS TO BE MET FOR THE FINAL SIGN-OFF TOWARDS COMPLETION OF ALL CONSTRUCTION, ENGLEWOOD UTILITIES ALSO REQUIRES THAT THE AS-BUILTS BE SUBMITTED FOR THE SIGN-OFF PROCESS TO BEFINALLY COMPLETE.23)THE CONTRACTOR SHALL CALL STAKE CENTER LOCATING AT (801) 364-1063 WITH THE TIME AND DATE OF EXCAVATION SO THAT THEY CAN BE PRESENT TO ASSIST IN SAFETY PURPOSES, DUE TO DIGGING THAT WILL CROSS THE FIBER OPTIC LINE.24)THE CONTRACTOR SHALL COORDINATE AND COOPERATE WITH THE CITY, AND ALL UTILITY COMPANIES INVOLVED, WITH REGARD TO RELOCATIONS OR ADJUSTMENTS OF EXISTING UTILITIES DURING CONSTRUCTION, AND TO ASSURE THAT THE WORK ISACCOMPLISHED IN A TIMELY FASHION AND WITH A MINIMUM DISRUPTION OF SERVICE. THE CONTRACTOR SHALL BE RESPONSIBLE FOR CONTACTING ALL PARTIES AFFECTED BY ANY DISRUPTION OF ANY UTILITY SERVICE.25)THE CONTRACTOR'S ATTENTION IS DIRECTED TO SECTION 105 SUBSECTION 105.10 OF THE CDOT SUPPLEMENTAL SPECIFICATIONS CONCERNING UTILITIES. THE CONTRACTOR SHALL COMPLY WITH ARTICLE 1.5 OF TITLE 9, CRS ("EXCAVATION REQUIREMENTS") WHENEXCAVATING OR GRADING IS PLANNED IN THE AREA OF UNDERGROUND UTILITY FACILITIES. THE CONTRACTOR SHALL NOTIFY ALL AFFECTED UTILITIES AT LEAST TWO (2) BUSINESS DAYS, NOT INCLUDING THE ACTUAL DAY OF NOTICE, PRIOR TO COMMENCING SUCHOPERATIONS. THE CONTRACTOR SHALL CONTACT THE UTILITY NOTIFICATION CENTER OF COLORADO (UNCC) AT PHONE NO. 811 OR 1-800-922-1987, TO HAVE LOCATIONS OF UNCC REGISTERED LINES MARKED BY MEMBER COMPANIES. ALL OTHER UNDERGROUNDFACILITIES SHALL BE LOCATED BY CONTACTING THE RESPECTIVE OWNER. UTILITY SERVICE LATERALS SHALL ALSO BE LOCATED PRIOR TO BEGINNING EXCAVATION OR GRADING.26)UTILITY LINES AS SHOWN ON THE PLAN SHEETS ARE PLOTTED FROM THE BEST AVAILABLE INFORMATION. CONTRACTOR IS RESPONSIBLE FOR CALLING IN UTILITY LOCATES. IT IS THE CONTRACTOR'S RESPONSIBILITY TO FIELD VERIFY ALL EXISTING UTILITY LOCATIONSAND SUBSURFACE ITEMS PRIOR TO CONSTRUCTION. THE CONTRACTOR SHALL PROTECT AND MAINTAIN ALL UTILITIES AND STRUCTURES AFFECTED BY THE WORK AND ANY DAMAGE SHALL BE REPAIRED AND RESTORED TO THE SATISFACTION OF THE ENGINEER ORAPPLICABLE ENTITY.STANDARD UTILITY NOTES:Page 491 of 518 9'-7"℄ TO FACEOF CURB1+002+003+00BP 1+00.00PI 1+48.11Page 492 of 518  )520ȭ72)$&(2)&85%3,            (QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (670$7&+/,1(67$([LVW*UDGH #ȭ2I3LSH 1,QFK5HLQIRUFHG&RQFUHWH3LSH &,3 /)  0+$ 0DQKROH'LD%R[%DVH )RRW ($ $&20$6781,21$9(   +256&$/(  9(56&$/(      /)5&3#     0+$0DQKROH'LD%R[%DVH )RRW 67$ 5,0  ,19287  1 ,19,1  ( &2175$&725,65(63216,%/()25&$//,1* ,187,7/,7(6/2&$7(635,2572 &216758&7,21729(5,)</2&$7,216 127( 7<3,&$/6(&7,21#3,3( ȭ3,3( 7<3,&$/6(&7,21#0$1+2/(,1/(7 ȭ0$1+2/(,1/(7   0$;   0$;   0$;   0$; :,'7+2) 0$1+2/(,1/(7 :,'7+2)3,3( 5(029($1'5(3/$&(3$9(0(17 5(029($1'5(3/$&(3$9(0(17 5HPRYDORI3LSH &03 /) 5HPRYDORI0DQKROH($ 7DS&RQQHFW([LVW3LSH6RXWK,QWR1HZ0DQKROH 5(029$//,0,76$66+2:1 ,17<3,&$/6(&7,216 127(6((&'270)25%('',1*5(48,5(0(176 5HPRYDORI&RQFUHWH3DYHPHQW6< &RQFUHWH3DYHPHQW ,QFK 6< 5HPRYDORI$VSKDOW0DW6< ,QFK5HLQIRUFHG&RQFUHWH3LSH &,3  /) 0$7&+/,1(67$ 6$&20$67 6$&20$67 7<3,&$/$63+$/75(029$//,0,76 1(81,21$9( $&20$67 &03 ([LVW&03 )/(/(9  2/19/21 Page 493 of 518  )520ȭ72)$&(2)&85% )520ȭ72)$&(2)&85%3,3,3,3,3,            (QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (67 0$7&+/,1(67$1 0+$ 0DQKROH'LD6ODE %DVH )RRW ,1$ ,QOHW4XDG7\SH($ 6((6+((7 $&20$6781,21$9(    +256&$/(  9(56&$/(      /)5&3# /)5&3# /)5&3# 0+$ 0DQKROH'LD6ODE%DVH )RRW 67$ 5,0  ,19287  : ,19,1  ( ,1$ ,QOHW4XDG7\SH 67$ 5,0  ,19287  : ,19,1  ( /)5&3# ([LVW*UDGH #ȭ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age 494 of 518  )520ȭ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ȭ2I3LSH ([LVW*UDGH #ȭ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otify RTD of conflicting work at bus stop #12607 10 days prior to construction Page 495 of 518 10+005375 5380 5385 5390 5375 5380 5385 5390 9+50 10+00 10+50FACE OF CURB8+00 9+00PI 7+95.07PI 8+49.62 EP 8+99.93 9+00 10+00 11+00 BP 9+00.00 EP 11+00.00 1000 Englewood Parkway ENGLEWOOD, COLORADO 80110 CITY OF ENGLEWOOD 1873 S Bellaire Street, Suite 1101 DENVER, COLORADO 80222 ESTN IN-B1 Inlet Type R L 15 (10 Foot), 1 EA Per City Std. Detail No. D-9 (SEE SHEET 14) 18 Inch Reinforced Concrete Pipe (CIP), 26 LF Tap/Connect Exist. 54" RCP FL 18" = 5381.5 FL 54" = 5379.2+/-UNION AVE.Tap Exist. 54" RCP SEE DETAIL SHEETS FOR TAPPING DETAIL 0 0 10'20' 1' HOR SCALE 1" = 20' VER SCALE 1" = 5' 5' 3' 2' 4' IN-B1 - Inlet Type R L 15 (10 Foot) STA. 9+70.95 RIM = 5388.69 INV. OUT = 5382.00 (N) 26 LF 24" RCP @ 3.42% Exist. Grade @ ℄ Of Pipe CONTRACTOR IS RESPONSIBLE FOR CALLING IN UTITLITES LOCATES PRIOR TO CONSTRUCTION TO VERIFY LOCATIONS. NOTE: REMOVAL LIMITS AS SHOWN IN TYPICAL SECTIONS Removal of Asphalt, 63 SY Removal of Sidewalk, 14 SY Removal of Curb and Gutter, 27 LF Concrete Sidewalk (6 Inch), 14 SY Concrete Curb & Gutter Type 2 (Section II-B), 10 LF ALLEY ALLEY VICINITY MAP 4695 S. BROADWAY 4700 S. BROADWAY UNION AVE EAST OF BROADWAY Inlet Lead Control Line (54" RCP) IN-B1 LOCATED @ ACOMA SEWER ℄ STA. 7+95.18, 200.51' LT. 0 50'100' HOR SCALE 1" = 100' N ACOMA SEWER ℄ MH-A6 IN-A4 UNION AVE.BROADWAYMH-B1 MANHOLE 72" DIA. BOX BASE (10 Foot) STA. 10+00.00 RIM = 5388.73 INV. IN = 5381.61 (S) INV. OUT = 5379.19 (W) MH-B1 MANHOLE 72" DIA. BOX BASE (10 FOOT), 1 EA SANITARY SEWER MANHOLE RIM=5389.15 INV (N)=5376.63 INV (W)=5376.52 INV (E)=5376.93 EXIST. SAN. SEWER EXIST. WATER EXIST. GAS 2/19/21 Page 496 of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ee sheet 28 for additional related alley work Page 497 of 518 $//(<($672)$&20$%(7:((181,21$9( 78)76$9((QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (67 1    5(029((;,673,3()520 635,1*/,1(83$1'&211(&7 72(;,67,1*3,3(21:(676,'( ($&217,18286 *5287),//(7)520 635,1*/,1(83 *5287),//(7)520 635,1*/,1(83 (;,67,1/(7 723*5$7(6(/ 0$7&+(;,67 )/(/ 0$7&+(;,67 ,QOHW'RXEOH7\SH6SHFLD($ 7<3(*5$7(  '((329(5(;,673,3(%8,/7 $'-$&(1772(;,67,1*,1/(7'2:(/ ,172(;,67,1/(7:,7+;# &756 (: 21:$//6$1'%$6( (32;<*5287(;,67 6(('(7$,/6%(/2: 6+((7 6(&7,2116 $/21*1(:,1/(7 6(&7,21(: $/21*3,3( 127(6 ,1/(712,1& ,QOHW4XDG7\SH6SHFLDO6+$//%(3(5&,7<67$1'$5''(7$,/ 12'$1'$6127('$1'6+2:1 $//5(,1)25&,1*6+$//%((32;<&2$7(' ($&217,18286 5(029((;,673,3()520 635,1*/,1(83 ;#&756 (: 21:$//6 $1'%$6( (32;<*5287,172(;,67   5(3/$&((;,67%52.(1*5$7(86,1* *5$7()5205(029(',1/(7($672) $&20$ 5(029(&21&5(7()520($67,1/(7 3,3(723529,'()8//)/2:&/($1 ,1/(7($  /22.,1*1257+ /22.,1*1257+ 0$7&+(;,673,3( ,19(5721:(67 (;,6721($67 (;,6721:(67 5HPRYDORI&RQFUHWH3DYHPHQW6< &RQFUHWH3DYHPHQW  6< 6/23('72:$5'6,1/(7 6$&20$67 6$&20$67 $//(<($672) $&20$67   ([LVW&036WRUP6HZHU 5(029(&52:1#1(:,1/(7 ([LVW&036WRUP6HZHU &2175$&725,65(63216,%/()25&$//,1* ,187,7/,7(6/2&$7(635,2572 &216758&7,21729(5,)</2&$7,216 127(   0,1 2/19/21 See sheet 28 for additional related alley work Page 498 of 518 (QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (67 ,1/(748$'7<3( 127(6 ,1/(712,1$ 48$'7<3(6+$//%(3(5&,7<67$1'$5' '(7$,/12' 75,3/(7<3(,1/(7$1'$6 127('$1'6+2:1 $//5(,1)25&,1*6+$//%((32;<&2$7('    5(029((;,673,3()520 635,1*/,1(83$61(('(' *5287),//(7)520 635,1*/,1('2:1 :,'(*5287(' ),//(7&+$11(/)520 635,1*/,1('2:1 ',$&211(&7,21 %(7:((1,1/(7%2;(6 (/(9$7,21/22.,1*61 (/(9#&(17(5,1/(7  (/(9#:(67 (/(9#($67  (1'6(&7,21/22.,1*:( (/(9#&(17(5  (/(9#&(17(5,1/(7  (/(9#&(17(5    5&3 5&3   3/$19,(: ',$&211(&7,21 %(7:((1,1/(7%2;(6 5(,)&21&:$//%(7:((1 ,1/(7%2;(6 :; *$/9 (;7(1'('7+58,1/(7:$//6:*5287(')5$0( 3(575,3/(7<3(,1/(7'(7$,/6 67''(7$,/' :; *$/9 (;7(1'('7+58 ,1/(7:$//6:*5287(')5$0( 3(575,3/(7<3(,1/(7 '(7$,/6 67''(7$,/' :,'(*5287(' ),//(7&+$11(/)520 635,1*/,1('2:1 :; *$/9 (;7(1'('7+58 ,1/(7:$//6:*5287(')5$0( 3(575,3/(7<3(,1/(7 '(7$,/6 67''(7$,/' 0,6&'(7$,/6 2/19/21 Page 499 of 518 (QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (67 75,3/(7<3( ,1/(7'(7$,/6 5&3 5&3 2/19/21 Page 500 of 518 (QJOHZRRG3DUNZD\ (1*/(:22'&2/25$'2 &,7<2)(1*/(:22' 6%HOODLUH6WUHHW6XLWH '(19(5&2/25$'2 (67 7<3(,1/(7 '(7$,/6 2/19/21 Page 501 of 518 13 NOTE: ALL GRATES SHALL BE VANE TYPE 2/19/21 Page 502 of 518 14 2/19/21 Page 503 of 518 NScale 1" = 20'Page 504 of 518 Page 505 of 518 Page 506 of 518 Page 507 of 518 Page 508 of 518 Page 509 of 518 Page 510 of 518 TUFTS AVENUELINCOLN STREET Scale 1" = 10'Page 511 of 518 Page 512 of 518 14'13.75'NScale 1" = 5'Page 513 of 518 Page 514 of 518 Page 515 of 518 Page 516 of 518 Note: Contractor shall back-fill behind Curbs. Excavated soil can be usedas back fill. Back-Fill shall be including in the bid item pricing forINSTALL CURB 12".Contractor shall notify City inspector and receive approval from Cityengineer before removing any permanent obstructions that may bein the right of way. Removal of Miscellaneous features that may obstruct this work shallfall under the bid item 32.01, CLEARING AND GRUBBING100.65 sq ydConcrete Pavement 8", 65 SYSubgrade Preparation, 75 SYSee Sheet 8See Sheet 9Concrete Pavement 8", 110 SYSubgrade Preperation, 125 SYStandard Alley Paving Detail6"6"NOTE:Contractor shall pour curbs and alleypavement monolithically.This work shall be performed inconjunction with sheets 8 and 9Page 517 of 518 PROCLAMATION WHEREAS, on July 4, 1776, our Founding Fathers ratified the Declaration of Independence, a historic document declaring that, "We hold these truths to be self-evident, that all men are created equal, and that they are endowed by their Creator with certain unalienable Rights, that among those are Life, Liberty, and the pursuit of Happiness;" and WHEREAS, this document laid a foundation for future prosperity and helped establish a government based on individual liberties and the rule of law, which is society's sacred bond; and WHEREAS, it is the right and duty of Englewood citizens, as a free, sovereign and independent people; to enjoy and defend their liberties and alter or abolish their form of government in order to do so; and WHEREAS, emergency powers such as those enacted throughout the COVID pandemic at all levels of government entail a real risk of abuse that can permanently effect the freedom of citizens by limiting freedoms of speech, movement, and assembly, and WHEREAS, face covering requirements, business closures, the involuntary quarantine of healthy people, curfews, capacity limitations, may be necessary to prevent unnecessary deaths, but such interventions have no place in a free society except in the most dire of emergencies, and WHEREAS, the City of Englewood has rescinded our pandemic emergency ordinance to preserve the normal and limited function of government and ensure the liberty of Englewood’s citizens, and WHEREAS, since 1870, the 4th of July has been recognized as a federal holiday so that Americans may celebrate our Nation's timeless truths and great freedoms that call to our higher sense of patriotism. NOW, THEREFORE, I Linda Olson, Mayor of the City of Englewood, Colorado and the City Council, hereby: 1. Proclaim Sunday, July 4, 2021, Independence Day in Englewood in recognition of the founding of our great Nation; and 2. Ask all residents of Englewood to take time to celebrate the freedoms enshrined in our Nation’s founding on the 245th anniversary of the signing of the Declaration of Independence. Page 518 of 518