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HomeMy WebLinkAbout2019-01-07 (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 – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, January 7, 2019 ♦ 7:00 PM 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes of the Regular City Council Meeting of December 17, 2018. City Council Regular - 17 Dec 2018 - Minutes - Pdf b. Minutes of the Special City Council Meeting of December 18, 2018. City Council Special Meeting - 18 Dec 2018 - Minutes - Pdf 6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public Comment is Wednesday by 5 p.m., prior to the meeting, through the City Clerk’s Office. Only those who meet the deadline can speak in this section. (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 as the speaker approaches the podium. A USB port is available for public presentation. a. Keep Englewood Beautiful Committee will be present to give out awards for the Holiday Lighting Contest. b. JJ Margiotta, an Englewood resident, will address Council. c. Jessica Dory, an Englewood resident, will address Council regarding Friends of Englewood Parks. d. C. Ann Dickerson, an Englewood resident, will address Council. e. Jerry Walker, an Englewood resident, will address Council regarding Englewood - Sanctuary City. f. Mike Jones, an Englewood resident, will address Council regarding ADU's. g. Sean Herbert, an Englewood resident, will address Council regarding ADU's. h. Steven Muth, an Englewood resident, will address Council regarding ADU's. i. Martin Frazier, an Englewood resident, will address Council regarding ADU's. j. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment Page 1 of 264 Englewood City Council Regular Agenda January 7, 2019 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. Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting. (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 three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Written materials for presentation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. 7g 8. Communications, Proclamations, and Appointments 9. Consent Agenda Items a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading. i. CB 49 - Broadway/Mansfield Safe Routes To School IGA Amendment #1 with the Colorado Department of Transportation CB 49 - CDOT IGA Amendment - Pdf Staff recommends Council approve an Ordinance to amend the IGA with the Colorado Department of Transportation (CDOT) which will allow the City to request reimbursement of construction costs up to $106,040.00. Staff: Engineering Manager Paul Weller ii. CB 53 - IGA with City of Littleton CB 53 - IGA with the City of Littleton for Windermere Street roto-mill and overlay. - Pdf Staff recommends approving a Bill for an Ordinance to enter into an agreement with the City of Littleton to expend funds for the Englewood share of milling and paving the east half of section of Windermere Street, south of Belleview Avenue. Staff: Public Works Director Maria D'Andrea c. Resolutions and Motions i. Renewal First Appearance Defense Counsel - Pdf The Court request that the Council approve the renewal of the prof essional service agreement contract for First Appearance Defense Counsel. The terms of the original contract was only for 6 months. This amended agreement will be for the entire 2019 year time frame. Staff: Court Administrator Tamara Wolfe ii. Purchase Pirates Cove Shade Umbrellas Purchase Pirates Cove Shade Umbrellas - Pdf Staff recommends that Council approve by motion the purchase of shade umbrellas for Pirates Cove. Staff: Senior Facility Supervisor-Aquatics Brad Anderson iii. Englewood Employee Association Bargaining Agreement updates Englewood Employee Associations Bargaining Agreement updates - Pdf Staff recommends that Council approve by Motion the attached MOUs Page 2 of 264 Englewood City Council Regular Agenda January 7, 2019 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. (Memorandum Of Understanding) clarifying (and limiting) some of the terms of the collective bargaining agreement between the Englewood Employee Association (EEA) and City of Englewood. These MOUs have been discussed and agreed to by city staff and the EEA. Staff: Interim City Manager Dorothy Hargrove iv. In-Kind Aid Approval Resolution specifying In-Kind Aid in 2019 by the City of Englewood, Colorado - Pdf Staff recommends the City Council approve the Resolution indicating the designation of in-kind aid to those non-profit organizations selected by the City Council at the December 3, 2018 Study Session. v. Designation of the Official Posting Place for Legal Notices Resolution - Designation of the Official Posting Place for Legal Notices - Pdf Staff recommends Council approve a Resolution designating the bulletin board on the north side of the second floor of Englewood Civic Center as the official posting place for all legal notices of the City of Englewood for 2019. Staff: City Clerk Stephanie Carlile 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading i. CB 2 - Amended Accessory Dwelling Unit (ADU) Ordinance Second Reading CB 2 - Accessory Dwelling Unit (ADU) Ordinance Second Reading - Pdf Staff recommends City Council approve an Ordinance for ADU's with City Attorney Enforcement Revisions. The City Attorney’s Office has amended the original Planning and Zoning Commission’s Recommended ADU Ordinance to reflect the Council amendments which were approved on December 17, 2018. Because amendments were made to the Council Bill on December 17, 2018, this Bill for an Ordinance is being presented for second reading. Staff: Planner II John Voboril ii. CB 48 - Retail Cultivation Ordinance CB 48 - Retail Cultivation Ordinance - Pdf Staff recommends City Council approve an Ordinance to amend the Englewood Municipal Code to allow retail marijuana cultivation within the City. Staff: Deputy City Clerk Jackie McKinnon iii. CB 50 - Wastewater Rate Increase CB 50 - Wastewater Rate Increase - Pdf Staff recommends City Council approve an Ordinance for a seven percent (7%) rate increase for wastewater utility service, to become effective March 1, 2019. This increase is anticipated to be in place for 2019 only. Future wastewater rates will be established following the Cost of Service Study scheduled to be completed by the end of the second quarter of 2019. Staff: Utilities Director Page 3 of 264 Englewood City Council Regular Agenda January 7, 2019 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. Tom Brennan iv. CB 51 - Marijuana Tax Rate Increase CB 51 - Marijuana Tax Rate Increase - Pdf Staff is presenting for codification an initiative ordinance levying an additional sales tax of up to 15% to be imposed upon the sale of retail marijuana within the City, passed by the voters of the City of Englewood on November 8, 2016. Staff: Acting Finance and Administrative Services Director Maria Sobota v. CB 52 - Implementation of Annual Marijuana Sales Tax Increase Council Bill 52 - Annual Marijuana Sales Tax Increase - Pdf Staff recommends Council approve an Ordinance directing staff to include a one and one-half percent (1.5%) increase in additional sales tax imposed upon the sale of retail marijuana in the annual budget, up to a maximum of fifteen percent, unless otherwise directed by the City Council. Staff: Acting Finance and Administrative Services Director Maria Sobota c. Resolutions and Motions i. Presiding Municipal Judge Salary Discussion Presiding Municipal Judge Salary Discussion - Pdf Presiding Judge, Joe Jefferson, requests that Council discuss and authorize a salary adjustment for the Presiding Judge to commence on the applicable anniversary date of January 8, 2019. Staff: Judge Joe Jefferson ii. Request for Postponement of the First Reading of Alta Englewood Station PUD District Plan Alta Englewood Station PUD District Plan - Pdf Notification of postponement of the First Reading of the Alta Englewood Station PUD- District Plan until January 22, 2019. Staff: Planning Manager Wade Burkholder iii. Professional Services Agreement for Dartmouth Bridge Design Engineer Dartmouth Bridge Design Engineer - Pdf Staff recommends City Council approve, by Motion, a Professional Services Agreement with Stanley Consultants, Inc. in the amount of $410,510.00 for the preparation of construction plans, details & specifications and local agency coordination with the Colorado Department of Transportation for the rehabilitation and widening of the West Dartmouth Avenue Bridge over the South Platte River. Staff: Engineering Manager Paul Weller iv. Resolution to Accept Colorado Department of Transportation (CDOT) Transportation Demand Management (TDM) Grant Funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project (CDOT) (TDM) Grant Funding Community Development recommends approval of a Resolution to accept CDOT TDM grant funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project. Staff: Planner II John Voboril Page 4 of 264 Englewood City Council Regular Agenda January 7, 2019 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. 12. General Discussion a. Mayor's Choice i. Meeting agenda procedures Mayor Notes b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 5 of 264 MINUTES City Council Regular Meeting Monday, December 17, 2018 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Olson at 7:01 p.m. 2 Invocation The invocation was given by Mayor Pro Tem Russell. 3 Pledge of Allegiance The Pledge of Allegiance was led by Mayor Pro Tem Russell. 4 Roll Call COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othoniel Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Director Brennan, Utilities Director Power, Community Development Director D'Andrea, Public Works Director Brocklander, Information and Technology Director Van Ry, South Platte Water Renewal Partners Acting Director Lee, Parks, Recreation and Library Deputy Director King, Informatio Technology Page 1 of 17 Draft Page 6 of 264 City Council Regular December 17, 2018 Redevelopment Manager Poremba, Community Development Planning Manager Burkholder, Community Development Right of Way Services Manager Nimmo, Public Works Enginering Manager Weller, Public Works Engineer III Loewen, Public Works Planner II Vorboril, Community Development Deputy Police Chief Watson, Police Department Police Officer Martinez, Police Department Technical Support Specialist II Munnell, Information Technology 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of December 3, 2018. Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMBER 3, 2018. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez (Seconded By) x Cheryl Wink x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment. a) Kathleen Bailey, an Englewood resident, addressed Council regarding Council Bill No. 48 - retail marijuana cultivation and storm water infrastructure. b) JJ Margiotta, an Englewood resident, addressed Council regarding the purchasing policy for the City of Englewood. c) Cynthia Searfoss, an Englewood resident, was scheduled to address Council but was not present. Dave Campbell spoke on her behalf regarding Accessory Dwelling Units d) Elaine Hults, an Englewood resident, addressed Council regarding decorum. e) Lisa Smith addressed Council regarding health and wellness events in Englewood. f) Pamela Beets, an Englewood resident, addressed Council regarding Accessory Dwelling Unit's (ADU's) and retail marijuana cultivation. Page 2 of 17 Draft Page 7 of 264 City Council Regular December 17, 2018 g) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. h) Sean Herbert, an Englewood resident, addressed Council regarding Accessory Dwelling Units (ADU's). i) Martin Frazier, an Englewood resident, addressed Council regarding Accessory Dwelling Units (ADU's). 7 Recognition of Unscheduled Public Comment. a) Jerry Walker, an Englewood resident, addressed Council regarding concealed carry laws and procedures. b) Steve Muth, an Englewood resident, addressed Council regarding Accessory Dwelling Units. c) Vicki Hoffmann, addressed Council regarding drainage in the City of Englewood. d) Robert Regan addressed Council regarding Accessory Dwelling Units. e) C. Ann Dickerson, an Englewood resident, addressed Council regarding Museum of Outdoor Arts. f) Vicki Archer, an Englewood resident, addressed Council regarding Accessory Dwelling Units. g) Sharon Coleman, an Englewood resident, addressed Council regarding Accessory Dwelling Units. h) Rick Wade, an Englewood resident, addressed Council regarding Accessory Dwelling Units. i) Michael Evans, an Englewood resident, addressed Council regarding Accessory Dwelling Units. j) Edmond Bartel addressed Council regarding Council Bill 48- Retail Cultivation. k) Maureen White, an Englewood resident, addressed Council regarding Accessory Dwelling Units. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments 9 Consent Agenda Items Moved by Council Member Wink seconded by Martinez to approve Consent Agenda 9 (a)(i), 9 (b)(i-ii) and 9(c)(i). Mayor Pro Tem Russell removed Agenda item 9 (c)(i). Page 3 of 17 Draft Page 8 of 264 City Council Regular December 17, 2018 a) Approval of Ordinances on First Reading i) CB 49 - Broadway/Mansfield Safe Routes To School IGA Amendment #1 with the Colorado Department of Transportation COUNCIL BILL NO. 49, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING AN AMENDMENT #1 TO THE INTERGOVERNMENTAL AGREEMENT FOR THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AWARDED TO THE CITY OF ENGLEWOOD FOR THE BROADWAY/MANSFIELD ENHANCED SAFETY CROSSING PROJECT. b) Approval of Ordinances on Second Reading. i) CB 46 - Approve an IGA with Cherry Hills Village for Vehicle Maintenance and Repair ORDINANCE NO. 37, SERIES OF 2018 (COUNCIL BILL NO. 46, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF CHERRY HILLS VILLAGE, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF CHERRY HILLS VILLAGE WITH VEHICLE MAINTENANCE. ii) CB 47 - Approve an IGA with the City of Sheridan for Vehicle Maintenance and Repair Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez ORDINANCE NO. 38, SERIES OF 2018 (COUNCIL BILL NO. 47, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF SHERIDAN, COLORADO, WHEREBY THE CITY OF ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE. Motion to approve Consent Agenda Items 9 (a)(i) and 9 (b)(i-ii). For Against Abstained Page 4 of 17 Draft Page 9 of 264 City Council Regular December 17, 2018 Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED c) Resolutions and Motions i) Award Contract for Services to T&M Construction LLC for the Pirates Cove Egress Project. [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Approval of a Contract for Services (CFS) with T&M Construction LLC f or the Pirates Cove Egress Project, which involves providing emergency exit (egress) locations on the west and east sides of the park to meet current fire and building codes. A total contract value of $43,125.25 is proposed, which includes a 10% contingency on the base contractor bid for any unforeseen conditions that may arise during the construction. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. The meeting recessed at 8:22 p.m. for a break. The meeting reconvened at 8:30 p.m. with all Council Members present. 10 Public Hearing Items Page 5 of 17 Draft Page 10 of 264 City Council Regular December 17, 2018 a) Alta Englewood Station Planned Unit Development - District Plan Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez TO OPEN THE PUBLIC HEARING FOR THE PROPOSED ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD). For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez (Seconded By) x Cheryl Wink x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. All testimony was given under oath. Planning Manager Wade Burkholder presented information regarding the proposed Alta Englewood Station Planned Unit Development (PUD). Dustin Jones with Ogilvie Properties, Inc., PLA, LED, AP Wendi Birchler with Norris Design, Director Tim McEntee with Denver Office Wood Partners, Architect/Principal Kathy Parker with Studio PBA presented information regarding the proposed Alta Englewood Station Planned Unit Development. 4 Citizens spoke in favor of the Planned Unit Development (PUD). 3 Citizens spoke in opposition of the Planned Unit Development (PUD). Moved by Council Member Cheryl Wink Seconded by Council Member Rita Russell TO CLOSE THE PUBLIC HEARING FOR THE PROPOSED ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD). For Against Abstained Linda Olson x Rita Russell (Seconded By) x Amy Martinez x Cheryl Wink (Moved By) x Page 6 of 17 Draft Page 11 of 264 City Council Regular December 17, 2018 Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. The meeting recessed at 10:56 p.m. for a break. The meeting reconvened at 11:04 p.m. with all Council Members present. 11 Ordinances, Resolutions and Motions a) Approval of Ordinances on First Reading i) CB 50 - Wastewater Rate Increase Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 50, INTRODUCED BY COUNCIL MEMBER A BILL FOR AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. ii) CB 48 - Retail Cultivation Ordinance Mayor Pro Tem Russell Motioned to table Ordinance 48 -Retail Cultivation. There was not a second. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez COUNCIL BILL NO. 48, INTRODUCED BY COUNCIL MEMBER WINK. Page 7 of 17 Draft Page 12 of 264 City Council Regular December 17, 2018 A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, TITLE 5, AND ESTABLISHING CHAPTER 3F, TO PROVIDE FOR RETAIL CULTIVATION OF MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 4 2 1 Motion CARRIED. iii) CB 51 - Marijuana Tax Rate Increase First Reading Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 51, INTRODUCED BY COUNCIL MEMBER MARTINEZ A BILL FOR AN ORDINANCE CODIFYING INITIATED ORDINANCE, BALLOT ISSUE 300, APPROVED BY THE VOTERS ON NOVEMBER 8, 2016, AT TITLE 4, CHAPTER 4, SECTION 4-2A, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Page 8 of 17 Draft Page 13 of 264 City Council Regular December 17, 2018 Dave Cuesta x 6 0 1 Motion CARRIED. iv) CB 52 - Implementation of Annual Marijuana Sales Tax Increase Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 52, INTRODUCED BY COUNCIL MEMBER MARTINEZ A BILL FOR AN ORDINANCE ADOPTING TITLE 4, CHAPTER 4, SECTION 4-2B, REGARDING ANNUAL SALES TAX INCREASE FOR RETAIL MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. Council Member Cuesta recused himself from the vote. Member Cuesta stated he has no interest, membership or ownership in the marijuana industry. He didn't want the perception that this could be a conflict of interest due the fact he works in the industry. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 6 0 1 Motion CARRIED. v) CB 53 - IGA with City of Littleton Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra COUNCIL BILL NO. 53, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE STREET PAVEMENT REHABILITATION OF THE EAST HALF OF SOUTH WINDERMERE Page 9 of 17 Draft Page 14 of 264 City Council Regular December 17, 2018 STREET FROM THE CENTER LINE OF WEST PRENTICE AVENUE TO WEST BELLEVIEW AVENUE. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading i) CB 43 - Intergovernmental Subgrantee Agreement for 2018 CDBG Program Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink ORDINANCE NO. 39, SERIES OF 2018 (COUNCIL BILL NO. 43, INTRODUCED BY COUNCIL MEMBER SIERRA) AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR A 2018 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Moved By) x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. ii) CB 2 - Amended Accessory Dwelling Unit (ADU) Ordinance Second Reading Page 10 of 17 Draft Page 15 of 264 City Council Regular December 17, 2018 Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to amend Section 1, paragraph C, Table 16-5-1.1 “Table of Allowed Use”, Accessory Uses section, Household Living, Accessory Dwelling Unit, adding the letter “A” to the R-2-B, R-2-A, and R-1-C columns. For Against Abstained Linda Olson x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 4 3 0 Motion CARRIED. Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez Motion for a 6 month moratorium in MUR3B zoning of South Grant Street. For Against Abstained Linda Olson (Moved By) x Rita Russell x Amy Martinez (Seconded By) x Cheryl Wink x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 6 1 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra MOTION TO APPROVE COUNCIL BILL NO. 2 AS AMENDED. A BILL FOR AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, TITLE 16, CHAPTERS 5 AND 6 OF THE ENGLEWOOD MUNICIPAL CODE 2000, RELATING TO ALTERNATIVE Page 11 of 17 Draft Page 16 of 264 City Council Regular December 17, 2018 DWELLING UNITS. For Against Abstained Linda Olson x Rita Russell x Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 4 3 0 Motion CARRIED. c) Resolutions and Motions i) Resolution - New Police Building Network Equipment Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra RESOLUTION NO. 26, SERIES OF 2018 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A NEW DATA CENTER AND BUILDING SWITCHES TO BE INSTALLED IN THE NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS FROM HIGH POINT NETWORKS, LLC. For Against Abstained Linda Olson x Rita Russell x Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. ii) Resolution - Purchase equipment and software to upgrade the firewall Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Page 12 of 17 Draft Page 17 of 264 City Council Regular December 17, 2018 RESOLUTION NO. 27 , SERIES OF 2018 A RESOLUTION AWARDING A SOLE SOURCE CONTRACT FOR THE PURCHASE OF A FIREWALL UPGRADE FOR THE CITY OF ENGLEWOOD COMPUTER NETWORK FROM SHI INTERNATIONAL CORPORATION. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. iii) Resolution renewing Microsoft Enterprise Agreement Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra RESOLUTION NO. 28, SERIES OF 2018 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF A NEW MICROSOFT LICENSE FROM INSIGHT PUBLIC SECTOR, INC TO MAINTAIN THE CURRENT OPERATING SYSTEM FOR THE CITY OF ENGLEWOOD’S NETWORK, UNDER THE TERMS OF A STATE OF COLORADO COOPERATIVE PURCHASING AGREEMENT. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. iv) Resolution - Application for State Financial Assistance to Prepare a Community Investment Prospectus to Facilitate Pursuit of Opportunity Page 13 of 17 Draft Page 18 of 264 City Council Regular December 17, 2018 Zones Program Funding for Englewood Real Estate Projects and Businesses Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra RESOLUTION NO.29, SERIES OF 2018 A RESOLUTION AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO, TO FILE AN APPLICATION WITH THE COLORADO DEPARTMENT OF LOCAL AFFAIRS FOR FUNDING TO PREPARE A COMMUNITY INVESTMENT PROSPECTUS TO FACILITATE THE PURSUIT OF OPPORTUNITY ZONES PROGRAM FUNDING FOR ENGLEWOOD REAL ESTATE PROJECTS AND BUSINESSES. For Against Abstained Linda Olson x Rita Russell x Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 5 2 0 Motion CARRIED. v) Approval of WIndemere Street Paving Operations Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval to expend funds in the amount of $50,000 to pave a portion of Windemere Street, south of Belleview Avenue. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. Page 14 of 17 Draft Page 19 of 264 City Council Regular December 17, 2018 vi) Ground Services Invoice - Payment for Abatement Requiring City Council Approval Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of the attached Ground Services invoice dated October 24, 2018 in the amount of $26,460.00. For Against Abstained Linda Olson x Rita Russell x Amy Martinez x Cheryl Wink (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 4 3 0 Motion CARRIED. vii) Award Contract for Abatement Services to Orion Environmental, Inc. for Existing PD Headquarters building. Moved by Council Member Rita Russell Seconded by Council Member Laurett Barrentine Approval of a contract for Orion Environmental, Inc. in the amount of $75,000.00 for asbestos abatement and universal waste removal in the existing Police Department Headquarters building. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra x Laurett Barrentine (Seconded By) x Dave Cuesta x 7 0 0 Motion CARRIED. viii) Resolution - Award Contract to Presidio Networked Solutions, LLC. for Surveillance Cameras at the Englewood Police Department Head Quarters (EPD HQ). Page 15 of 17 Draft Page 20 of 264 City Council Regular December 17, 2018 Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink RESOLUTION NO. 30, SERIES OF 2018 A RESOLUTION AWARDING A CONTRACT FOR THE INSTALLATION OF A VIDEO MANAGEMENT SYSTEM FOR SURVEILLANCE AT THE NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS, UNDER THE TERMS OF A COOPERATIVE PURCHASING AGREEMENT BY AND BETWEEN THE INTERLOCAL PURCHASING SYSTEM (TIPS) (REGION 8) AND PRESIDIO NETWORKED SOLUTIONS, LLC. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink (Seconded By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. ix) Resolution - Award Contract to Security Central for Security System at the Englewood Police Department Head Quarters (EPD HQ). Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra RESOLUTION NO. 31, SERIES OF 2018 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR THE INSTALLATION AND HOSTING OF A KEYLESS ENTRY SYSTEM AND BURGLAR ALARM SYSTEM AT THE NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILIDNG. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Page 16 of 17 Draft Page 21 of 264 City Council Regular December 17, 2018 7 0 0 Motion CARRIED. x) Award contract to CCS Presentation Systems - CO for Englewood Police Department Head Quarters Building (EPD HQ). Moved by Council Member Rita Russell Seconded by Council Member Othoniel Sierra Approval of a contract to CCS Presentation Systems - CO in the amount of $301,464.40 to furnish and install audio/visual equipment, per the attached contract documents, in the new EPD HQ building. For Against Abstained Linda Olson x Rita Russell (Moved By) x Amy Martinez x Cheryl Wink x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x 7 0 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 1:23 a.m. City Clerk Page 17 of 17 Draft Page 22 of 264 MINUTES City Council Special Meeting Meeting Tuesday, December 18, 2018 1000 Englewood Pkwy – Council Chambers 6:00 PM COUNCIL PRESENT: Mayor Linda Olson Mayor Pro Tem Rita Russell Council Member Othonial Sierra Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Cheryl Wink COUNCIL ABSENT: STAFF PRESENT: Interim City Manager Hargrove City Attorney McKenney Brown City Clerk Carlile Technical Support Specialist II Munnell, Information Technology Officer Hartman, Police Department 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 Roll Call 3 Response to Request For Proposals for Executive Search Firm for City Manager a) City Council discussed the Request For Proposals for the City Manager search. Council selected four executive search firms for interview, either in person or by Skype. Austin Peters CPS HR GOV HR Novak Potential interview dates were set for January 15th and 17th at 5:30 p.m. Council discussed the format for the interviews and decided on the the Page 1 of 2 Draft Page 23 of 264 City Council Special Meeting December 18, 2018 following: 20 minute presentations 40 minutes for interview questions 15 minutes to answer questions of the firm 4 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 7:16 p.m. City Clerk Page 2 of 2 Draft Page 24 of 264 Page 25 of 264 Page 26 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Paul Weller DEPARTMENT: Public Works DATE: January 7, 2019 SUBJECT: CB 49 - Broadway/Mansfield Safe Routes To School IGA Amendment #1 with the Colorado Department of Transportation DESCRIPTION: CB 49 - Broadway/Mansfield Safe Routes To School IGA Amendment #1 with the Colorado Department of Transportation RECOMMENDATION: Staff recommends approval of the bill for an ordinance to amend the IGA with the Colorado Department of Transportation (CDOT) which will allow the City to request reimbursement of construction costs up to $106,040.00. PREVIOUS COUNCIL ACTION: The Englewood City Council authorized an IGA with CDOT for acceptance of a grant award to the City for the Broadway/Mansfield Enhanced Safety Crossing Project by the passage of Ordinance No. 39, Series 2016. Council approved the Professional Services Agreement with OV Consulting on December 19th, 2016 for the design of the project. Council approved the Contract for Construction with Technology Constructors, Inc. on August 20th, 2018. SUMMARY: Amendment #1 to the IGA is necessary to request funds for the reimbursement of construction costs as Section 4C of the IGA, executed in December of 2016, specified that construction funds were not budgeted until State Fiscal Year 2017. This Amendment #1 to the IGA will allow for construction costs up to the amount of $106,040.00 be requested for reimbursement now that those funds are available. ANALYSIS: The Safe Routes to School grant of $139,000.00 was a commitment by CDOT to partially fund the design and construction of this project which makes crossing South Broadway at Mansfield Avenue safer for students (and the general public) by adding bulb-outs to the curb and gutter, providing accessible curb ramps and high visibility crosswalk markings. In addition to this work, the City incorporated work to replace the out dated traffic signal and to add concrete bus pads. The amount of the grant, $139,000, was the maximum available to the City. Page 27 of 264 The City has applied for and has received $32,960.00 reimbursement from CDOT for design fees as shown on the Revenues YTD on page 2 of the attached Public Improvement Fund Project Status and Fund Balance Report from October 31, 2018. This leaves a balance of $106,040.00 for the reimbursement of construction costs. Construction work was substantially completed on October 31, 2018. Staff is currently checking the contractors final pay estimate but the expected total project cost, including design, materials testing and construction is about $437,000. The CDOT Safe Routes to School grant of $139,000 reduces the total cost to the City to approximately $ 298,000. The City's portion of the construction costs have been previously approved by Council to be appropriated from the Public Improvement Fund Road and Bridge account. FINANCIAL IMPLICATIONS: Approval of the bill for an ordinance will allow the City to request reimbursement of up to $106,040.00 from CDOT to partially cover the construction cost of this project. ALTERNATIVES: Council may elect to not approve the ordinance for the IGA amendment in which case, the entire cost of construction will be from Road and Bridge PIF Funds CONCLUSION: The completion of this project provides students and the general public with a safer pedestrian crossing of South Broadway at Mansfield Avenue. The overall cost of the project is reduced by about 30% with the CDOT Safe Routes to School grant. ATTACHMENTS: Council Bill 49 IGA Amendment #1 Executed IGA with Ordinance No. 39, Series 2016 Contract Approval Summary Public Improvement Fund Summary 10.18 Page 28 of 264 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 49 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING AN AMENDMENT #1 TO THE INTERGOVERNMENTAL AGREEMENT FOR THE ACCEPTANCE OF COLORADO DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL GRANT AWARDED TO THE CITY OF ENGLEWOOD FOR THE BROADWAY/MANSFIELD ENHANCED SAFETY CROSSING PROJECT WHEREAS, the Safe Routes to School is a nationwide federal program that is administered by state transportation departments; WHEREAS, the Englewood City Council authorized the application for the Broadway/Mansfield enhanced safety crossing project for the CDOT 2016 Safe Routes to School 2016 Grant by Motion on January 4, 2016; WHEREAS, the Englewood City Council approved an intergovernmental agreement with CDOT to accept $139,000 in grant funding through Ordinance No. 39, Series 2016, on November 7, 2016; WHEREAS, the Broadway/Mansfield Enhanced Safety Crossing project was completed in October 2018; and WHEREAS, approval of this Amendment #1 will authorize the Colorado Department of Transportation (CDOT) to release the grant monies for the Broadway/Mansfield Enhanced Safety Crossing Project to reimburse the City. 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 Amendment #1 and acceptance of the Colorado Department of Transportation Safe Routes to School Grant monies in the amount of $139,000.00 dollars. Section 2. The Mayor is hereby authorized to sign and accept the Colorado Department of Transportation Safe Routes to School Grant monies awarded to the City of Englewood for and on behalf of the City of Englewood, Colorado, attached hereto as Exhibit A. Page 29 of 264 2 Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 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 2018. Stephanie Carlile Page 30 of 264 PO #: 471000986 Routing #: 17-HA1-ZH-00057-M0002 Document Builder Generated Rev. 12/09/2016 Page 1 of 2 STATE OF COLORADO AMENDMENT Amendment #: 1 Project #: SAR M395-016 (21531) SIGNATURE AND COVER PAGE State Agency Department of Transportation Amendment Routing Number 17-HA1-ZH-00057-M0002 Local Agency CITY OF ENGLEWOOD Original Agreement Routing Number 17HA1ZH00057 Agreement Maximum Amount Initial term Total for all state fiscal years $139,000.00 Agreement Performance Beginning Date The later of the effective date or December 02, 2016 Initial Agreement expiration date December 01, 2026 THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature. STATE OF COLORADO John W. Hickenlooper, Governor Department of Transportation Michael P. Lewis, Executive Director ___________________________________________ Joshua Laipply, P.E., Chief Engineer Date: _________________________ LOCAL AGENCY CITY OF ENGLEWOOD ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY (2nd Signature if Necessary) ___________________________________________ Signature ___________________________________________ By: (Print Name and Title) Date: _________________________ In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate. STATE CONTROLLER Robert Jaros, CPA, MBA, JD By:___________________________________________ Department of Transportation Effective Date:_____________________ Page 31 of 264 PO #: 471000986 Routing #: 17-HA1-ZH-00057-M0002 Document Builder Generated Rev. 12/09/2016 Page 2 of 2 1) PARTIES This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State. 2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the Agreement shall be construed and interpreted in accordance with the Agreement. 3) EFFECTIVE DATE AND ENFORCEABILITY A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement. 4) PURPOSE The parties entered into this agreement for CDOT overseeing the City of Englewood, Colorado in the design and construction of Safe Routes to Schools improvements at the Broadway & Mansfield Intersection. 5) MODIFICATIONS The Parties now agree to amend the original contract through Amendmen t 1, to replace Recital 1. in its entirety with the following, "Authority exists in the law and funds have been budgeted, appropriated and othe rwise made available and a sufficient uncommitted balance thereof remains available for payment of project and Local Agency costs in Fund Number 400, Functions: 3020 and 3301, GL Acct: 4511000010, WBS Elements: 21531.10.30 and 21531.20.10, Contract Encumbrance Amount: $139,000.00." The Parties further agree to replace Section 3. Term in its entirety with the following, "This contract shall be effective upon approval of the State Controller or designee, or on the date made, whichever is later. The term of this contract shall continue through the completion and final acceptance of the Project by the State, FHWA and the Local Agency, or December 1, 2026, whichever occurs first.” 6) LIMITS OF EFFECT This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK Page 32 of 264 noofSsnsnnwocanmno55>..Nm.8n3 min«Egan wnonoz“ _ CH5wwo._no.na>wEnnvnsEnos wo.om9§w.>Sn=nnnEmam noz._.w>oo. EmnozaspoaBnonmanm..~IG\n.mnv.omnnmw3.nonwngnnoas wasomnaonmoowoo.as EsmoocnunmnommsOaonmmoUnwmnnonunomHnnnnuonsmoonn_n§_n§nnmn?nm8on as manB5 05 onmzorméoooHnnnwsnnn.anmn?nn8onas..ooon.nn§...onas..Hona>mnnnv.... 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Noun3.man25ummmmnonma».Rmnmbmon:5 Q;3%3.Zo<oB_§..~89 wazawa3‘man5En05$omaaumémumwaa mmOnmumboo29%mannaomNE?on :585Q3.%zo<aB_§.NE? ?_._E_&3.manonSo05%ommaa§....aa wa?babm own»...253.omZo<oB_uaa.83 3 35%G8985. o a mom. >SmmH.35 oaonmwww>.m:Em.O5.99* H.Hoc.onmEm>.E5.O5.90%cmEmO5ommnm?éoom.oaoamao.503.comm?Eu»:8 w.co<aBEmoaomo?mwB883cmEaOa...BmuoaEamonon ma»:Rwabmea uucmmwa3 can8O?mbmbon29%mannaom83. n\Hoaonm?w.9.E5 Page 47 of 264 Contract Approval Summary V10/25/2017 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: Paul R. Weller, P.E. Phone: 303-762-2505 Title: Engineering Manager Email: pweller@englewoodco.gov Vendor Contact Information Vendor Name; Colorado Department of Transportation Vendor Contact: Joy French Vendor Address: 2829 W. Howard Place Vendor Phone: 303-757-9528 City: Denver Vendor Email: joy.french@state.co.us State: Colorado Zip Code: 80204 Contract Type Contract Type :Intergovernmental Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☒Original ☐Copy ☒Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: December, 2016 End Date: December, 2026 Total Years of Term: 10 Total Amount of Contract for term (or estimated amount if based on item pricing): $139,000.00 If Amended: Original Amount $32,960.00 Amendment Amount $106,040.00 Total as Amended: $139,000.00 Renewal options available: None Payment terms (please describe terms or attach schedule if based on deliverables): Request for reimbursement submitted monthly to the Colorado Department of Transportation. Attachments: ☒Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Design and construction of curb and gutter bulb-outs, accessible curb ramps, high visibility crosswalk markings, concrete bus pads, storm drainage modifications and traffic signal replacement per the Colorado Department’s Safe Routes to School grant. Page 48 of 264 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): 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 Colorado Department of Transportation Safe Routes to School grant. Page 49 of 264 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal.Budget World G/L Start Project Carry Fwd.2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE CITY MANAGER 30 0201 001 0201 Misc. Infrastructure Repairs Ongoing Ongoing 11,894.00 11,894.00 38,552.77 10,478.00 49,030.77 (37,136.77) 30 0201 002 0201 Building Systems Replacement 2014 Ongoing 10,648.70 10,648.70 - 10,648.70 30 0201 004 0201 Branding Monument & Building Signs 2017 250,000.00 250,000.00 - 250,000.00 SUBTOTAL 272,542.70 - - 272,542.70 38,552.77 10,478.00 49,030.77 223,511.93 COMMUNITY DEVELOPMENT 30 0801 001-02 0801 Economic Incentive Prog - Rite Aid 2017 1,665.00 1,665.00 - 1,665.00 30 0801 002 0801 Broadway Improvements 2017 241,610.55 57,796.19 299,406.74 188,698.62 104,858.25 293,556.87 5,849.87 30 0801 003 0803 Paseo Project 2008 50,000.00 (50,000.00) - - - 30 0801 004 0803 Paseo Mid-Block Crossing 2016 7,796.19 (7,796.19) - - - 30 0801 005 Safe Routes to School 2017 285,905.44 285,905.44 13,785.00 4,699.94 18,484.94 267,420.50 SUBTOTAL 586,977.18 - - - 586,977.18 202,483.62 109,558.19 312,041.81 274,935.37 PUBLIC WORKS 30 1001 001 1002 Road and Bridge / Bridge Repairs Ongoing Ongoing 671,529.88 1,494,000.00 (519,806.34) 1,645,723.54 284,175.77 549,756.39 833,932.16 811,791.38 30 1001 002 1002 Bridge Repairs 1994 Ongoing 519,806.34 519,806.34 519,806.34 519,806.34 - 30 1001 003 1004 Transportation System Upgrade 1997 Ongoing 16,153.46 165,000.00 181,153.46 30,262.06 - 30,262.06 150,891.40 30 1001 004 1003 Santa Fe Light Poles 2011 Ongoing 25,000.00 25,000.00 - 25,000.00 30 1001 005 1002 Dartmouth Bridge 2018 2019 1,500,000.00 1,500,000.00 - 1,500,000.00 30 1001 006 1002 Street Lights & Furniture Broadway 2016 Ongoing 50,000.00 40,000.00 90,000.00 - 90,000.00 30 1001 007 1003 Alley Construction 2016 Ongoing 230,388.64 230,388.64 4,908.15 80,091.85 85,000.00 145,388.64 30 1001 008 1001 Concrete Utility - City Share 1998 Ongoing - 280,000.00 280,000.00 280,631.39 280,631.39 (631.39) 30 1002 001 1002 Concrete Program - Accessible Ramps 1996 Ongoing 48,261.06 100,000.00 148,261.06 146,776.13 1,484.87 148,261.00 0.06 30 1005 001 1005 Civic Center Facility Rehab / Repairs 2016 Ongoing 205,602.24 205,602.24 76,042.70 342.12 76,384.82 129,217.42 30 1005 002 1005 Jefferson Facility Rehab / Repairs 2016 Ongoing 252,076.06 252,076.06 89,699.47 - 89,699.47 162,376.59 30 1005 003 1005 Acoma Facility Rehab / Repairs 2016 Ongoing 43,950.03 43,950.03 39,242.54 39,242.54 4,707.49 SUBTOTAL 3,042,961.37 2,079,000.00 - 5,121,961.37 951,738.21 1,151,481.57 2,103,219.78 3,018,741.59 RECREATION 30 1301 001 1301 Broadway Medians/Lighting/Flower Pots 2016 Ongoing 27,266.00 27,266.00 12,750.00 9,960.00 22,710.00 4,556.00 30 1301 003 1301 Tree Maintenance 2017 12,000.00 12,000.00 - 12,000.00 30 1301 004 1201 Library Upgrades 2017 5,183.42 (4,808.42) Close to FB 375.00 375.00 375.00 (0.00) 30 1301 005 1302 ERC Upgrades 2017 50,000.00 500,000.00 550,000.00 - 550,000.00 30 1301 006 1301 Parking Lots / Asphalt -PW 2017 10,397.79 59,028.00 69,425.79 - 69,425.79 SUBTOTAL 0 104,847.21 559,028.00 (4,808.42) 659,066.79 13,125.00 9,960.00 23,085.00 635,981.79 GENERAL GOVERNMENT 1501 Transfer to Capital Projects Fund 2002 Ongoing - 1,667,052.00 1,667,052.00 1,667,052.00 1,667,052.00 - 1501 Transfer to General Fund 2004 Ongoing - 120,272.00 120,272.00 120,272.00 120,272.00 - SUBTOTAL - 1,787,324.00 - 1,787,324.00 1,787,324.00 - 1,787,324.00 - - TOTALS 4,007,328.46 4,425,352.00 (4,808.42) 8,427,872.04 2,993,223.60 1,281,477.76 4,274,701.36 4,153,170.68 Distribution:1,205,899.60 PUBLIC IMPROVEMENT FUND PROJECT STATUS AND FUND BALANCE REPORT October 31, 2018 PIF-18.xlsx 12:41 PM 11/15/2018Page 50 of 264 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal.Budget World G/L Start Project Carry Fwd.2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE PUBLIC IMPROVEMENT FUND PROJECT STATUS AND FUND BALANCE REPORT October 31, 2018 K. Engels, Finance Revenues YTD:Actual Estimate Balance D. Hargrove, Library Vehicle Use Tax 1,591,388.15$ 1,900,000.00$ 308,611.85$ D. Lee, Recreation Building Use Tax 1,880,978.77 1,950,000.00 69,021.23 D. Long, Public Works County Road and Bridge 175,909.03 190,000.00 14,090.97 L. Nimmo, Public Works Safe Routes to School Grant 32,960.00 139,000.00 106,040.00 J. Nolan, Revenue & Budget Transfer from General Fund 500,000.00 500,000.00 - B. Power, CD Interest 53,456.77 50,000.00 (3,456.77) B. Spada, Recreation Total revenues 4,234,692.72 4,729,000.00 494,307.28 P. Weller, Public Works Exp./Enc. Y-T-D 4,274,701.36 8,427,872.04 4,153,170.68 Net Income (40,008.64) (3,698,872.04) FUND BALANCE (1/1/17)5,852,574.70 5,852,574.70 FUND BALANCE 5,812,566.06 2,153,702.66 Plus: Remaining Revenues 494,307.28 Less: Project Approp. Bal.(4,153,170.68) Less: Proj. Bal. adj. for Neg.(37,768.16) (37,768.16) UNAPPROP. FUND BAL. 2,115,934.50$ 2,115,934.50$ PIF-18.xlsx 12:41 PM 11/15/2018Page 51 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: January 7, 2019 SUBJECT: CB 53 - IGA with City of Littleton DESCRIPTION: CB 53 - IGA with City of Littleton RECOMMENDATION: Staff recommends approving a Bill for an Ordinance to enter into an agreement with the City of Littleton to expend funds for the Englewood share of milling and paving the east half of section of Windermere Street, south of Belleview Avenue. PREVIOUS COUNCIL ACTION: City Council approved the Road and Bridge/Bridge Repairs PIF appropriations for 2018. SUMMARY: The City of Englewood and the City of Littleton have cooperated on paving projects many times throughout the years in order to minimize costs and traffic disruption. Littleton initiated a project early in 2018 to mill & overlay Windemere Street, from Littleton Boulevard to Belleview Avenue. The easterly portion of Windemere Street, for a length of approximately 1,250 feet, is within the boundaries of the city of Englewood, (se attached map). The cost of the work was estimated to be approximately $77,000. Work proceeded on the project in October whereby the road was subsequently milled but not paved. The proposed IGA is necessary in order to complete the project and facilitate required payments. Another item on the December 17 agenda will consider a request to approve funds to allow the City of Englewood street crews to complete the paving work in Englewood's portion of the project. ANALYSIS: Staff from both cities discussed the scope, budgeting, and timing of this proposed project and agreed in June 2018 that there was mutual benefit to move forward. The work was scheduled to be completed in summer/fall 2018. Littleton prepared the plans and oversaw the competitive bidding process to select a paving contractor. The work in Englewood was included in the bid documents. Based on the low bidder's submittal, the Englewood portion of the project was estimated to cost approximately $77,000. Throughout the summer, discussion took place regarding the means by which to document the funding agreement. Englewood staff pursued an option to issue a purchase order, to be paid directly to the contractor. After discussing further with Littleton staff, it was determined that an Page 52 of 264 IGA would be the required mechanism. Staff delayed forwarding this request to the City Attorney's Office but a draft was sent to Littleton in late-October for consideration and approval. Englewood staff discovered that on October 30 that the contractor had already begun milling operations in the Englewood portion and paving had started on the Littleton portion of the roadway. Englewood requested that the contractor stop work in Englewood until the IGA and appropriate documentation was in place. The City of Littleton approved the IGA at their December 4, 2018 council meeting. Approval by Englewood will enable payment for work already undertaken and allow Englewood to finalize paving of its portion of the project in a timely manner. The final cost for Englewood's share, under the IGA, will be measured and paid for based on actual quantities installed - so likely less than the $77,000 estimate. Staff currently estimates this amount to be approximately $33,200, however, delay charges or other items may alter that amount. Leaving the road in the current state could create an unsafe condition. Because of time constraints due to weather and asphalt availability, the recommendation is to pave Englewood's portion using city crews at an approximate cost of $50,000. FINANCIAL IMPLICATIONS: Funding for this project is available in the Public Improvement Fund (PIF), Account Number 30- 1001, Task 001 - Road and Bridge/Bride Repairs. See breakdown below. Costs for the asphalt material, including hauling,are estimated to be approximately $40,00. Littleton staff would assist in the effort by re-striping the pavement upon completion of the work. Englewood would reimburse them for their time and materials costs which are estimated to be approximately $10,000. This results in an expenditure of $50,000 to complete the paving operations. The cost of the milling operations, to be reimbursed under the IGA if approved, is estimated to be roughly $32,200. This results in a total project cost of approximately $82,200 as shown below: Item Cost IGA Reimbursement $32,200 Paving Operations by Englewood/Littleton staff $50,000 Total Estimated Project Cost $82, 200 Current Road & Bridge Account Balance $811,791.38 Remaining Balance $729,591.38 ALTERNATIVES: Leaving this section of road way unpaved throughout the winter could create an unsafe condition for the traveling public. CONCLUSION: Approval of the IGA will enable payment for work already undertaken. Page 53 of 264 ATTACHMENTS: CB 53 - Littleton IGA for South Windermere St Intergovernmental Agreement Area Map Englewood Estimate of Costs 2018 Mill and Overlay - Bid Tabulation Public Improvement Fund Budget Page Presentation Page 54 of 264 1 ORDINANCE NO. ____ COUNCIL BILL NO.53 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF LITTLETON, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO THE STREET PAVEMENT REHABILITATION OF THE EAST HALF OF SOUTH WINDERMERE STREET FROM THE CENTER LINE OF WEST PRENTICE AVENUE TO WEST BELLEVIEW AVENUE. WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and Section 29-1-203, C. R. S., the Parties may cooperate or contract with each other to provide any function or facility lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and the incurring of debt; WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX, Section of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a contract or agreement for the sharing of the costs related to specific public roadway projects; WHEREAS, the East half of South Windermere Street from the Center Line of West Prentice Avenue to West Belleview Avenue is the common boundary of the City of Littleton and the City of Englewood; WHEREAS, the City of Littleton is undertaking a Mill and Overlay project on South Windermere Street from Littleton Blvd. to West Belleview Avenue pavement reconstruction as part of their 2018 Mill and Overlay Project; WHEREAS, the City of Littleton and Englewood have determined to utilize the services of a Pavement Contractor through the construction contract with the City of Littleton to accomplish the mill and overlay Road Project of South Windermere Street with the City of Englewood’s share at $ 77,000.00 for the approximately 1250 linear feet of the proportioned costs; and WHEREAS, the passage of this Ordinance authorizes an Intergovernmental Agreement regarding South Windermere Street Mill and Overlay between City of Littleton and City of Englewood. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The intergovernmental agreement regarding South Windermere Street mill and overlay between the City of Littleton and the City of Englewood, Colorado, attached 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 Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Page 55 of 264 2 Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 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 2018. Stephanie Carlile Page 56 of 264 1 INTERGOVERNMENTAL AGREEMENT REGARDING SOUTH WINDERMERE STREET PAVEMENT REHABILITATION THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ______ day of _____________________, 2018, by and between the City of Littleton, a home rule municipality of the State of Colorado, hereinafter referred to as “Littleton”, and the City of Englewood, a home rule municipality of the State of Colorado, hereinafter referred to as “Englewood” (together the “Parties”). WHEREAS, pursuant to Colorado Constitution Article XIV, Section 18(2)(a), and Section 29-1-203, C.R.S., the Parties may cooperate or contract with each other to provide any function, service or facility lawfully authorized to each, and any such contract may provide for the sharing of costs, the imposition of taxes, and the incurring of debt; WHEREAS, each of the Parties is a home-rule municipality pursuant to Article XX, Section 6 of the Colorado Constitution, and are authorized by C.R.S. 29-1-203 to enter into a contract or agreement for the sharing of costs related to the specific public roadway project identified in this Agreement; WHEREAS, Article 20, Title 29 C.R.S., clearly articulates and affirmatively expresses a state policy that authorizes political subdivisions of the State of Colorado to cooperate and contract to make the most efficient and effective use of the their respective resources; WHEREAS, Littleton is undertaking to perform a mill and overlay pavement reconstruction of South Windermere Street from Littleton Blvd. to West Belleview Avenue (the “Road Project”) as part of their 2018 Mill and Overlay Project; WHEREAS, the Parties’ have determined to utilize the services of Chavez Construction, Inc. (hereinafter referred to as “Pavement Contractor”) through the construction contract with Littleton to accomplish the mill and overlay Road Project of South Windermere Street with the City of Englewood’s share of the project being $77,000.00 dollars for approximately 1,250 linear feet of the Road Project, at the applicable construction contract unit prices, as more specifically set forth in Attachment A to this Agreement; and NOW, THEREFORE, in consideration of the mutual covenants and agreements, and the promises herein contained the Parties agree as follows: 1. TERM. This Agreement shall commence on the date of mutual execution hereof, and shall continue through November 15, 2018. The Parties acknowledge that due to seasonal sensitivities of the mill and overlay process, work on the Road Project is expected to occur between August 27, 2018 and November 15, 2018. Page 57 of 264 2 2. RESPONSIBILITIES OF LITTLETON. Littleton shall act as the project manager. Littleton shall be responsible for the following obligations in connection with the construction occurring on the Road Project: (a) Littleton shall contract for and manage the completion of the mill and overlay process on the Road Project. The contract with the Pavement Contractor, and approvals thereof, shall conform to Colorado law and Littleton Municipal Code requirements for public contracts. (b) Littleton shall designate a person (“Littleton Project Manager”) responsible for the day-to-day management of the work occurring on the Road Project. (c) The Littleton Project Manager shall coordinate with Englewood regarding the construction schedule associated with the Road Project and will provide updates to Englewood concerning updates to such construction schedule. The Englewood Designated Representative (defined below) will be invited to all preconstruction meetings and coordination meetings with the Pavement Contractor. (d) Subject to annual appropriation, Littleton shall complete the South Windermere Street project by the target substantial completion date of November 15, 2018. If the substantial completion date for the work on the Road Project is expected to be extended beyond November 15, 2018, the Littleton Project Manager will communicate the same to the Englewood Designated Representative and the Parties agree to cooperate in good faith to amend this Agreement to extend the term of the Agreement. 3. RESPONSIBILITIES OF ENGLEWOOD. Englewood shall be responsible for the following obligations in connection with the Road Project: (a) Englewood shall designate an individual responsible for representing Englewood (the “Englewood Designated Representative”) who shall coordinate with the Littleton Project Manager in order to ensure that notification to Englewood residents regarding the project schedule and other project details is consistent with the schedule and project details communicated to Littleton residents. (b) The Englewood Designated Representative shall communicate and coordinate with the Pavement Contractor and the Littleton Project Manager regarding the proper form and placement of “no parking” signage and any door hanger notification to be provided to properties abutting the Road Project within the Englewood City boundaries. (c) The Englewood Designated Representative will work with the Littleton Project Manager and Pavement Contractor to design and approve all traffic control required for the Road Project for those portions of the Road Project located within the Englewood City boundaries. Page 58 of 264 3 (d) Englewood may have an inspector present during work performed on the Road Project by the Pavement Contractor, and the Englewood Designated Representative shall communicate directly through the Littleton Project Manager to address concerns and workmanship issues as they arise during completion of the Road Project, and to address any punch list corrections as contemplated by Paragraph 17 of this Agreement below. 4. STATEMENTS AND PAYMENT: Upon receipt and approval of partial pay requests from Pavement Contractor, Littleton shall make periodic payments to the Pavement Contractor. Upon payment to Pavement Contractor, Littleton will forward invoices to Englewood for One Hundred Percent (100%) of the work performed on the Road Project during the applicable pay period(s) and Englewood shall reimburse Littleton said full amount of such invoices within thirty (30) days of receipt of billing from Littleton. Billing will be based upon the applicable contract unit price for contract bid items associated with the work on the Road Project, and as more specifically set forth in Attachment A. All payments by Englewood to Littleton contemplated in this Agreement have been appropriated or otherwise lawfully authorized by Englewood in Englewood’s 2018 budget. 5. WHEN RIGHTS AND REMEDIES NOT WAIVED: In no event shall any performance by one party hereunder constitute or be construed to be a waiver by such party of any breach of covenant or condition or any default which may then exist on the part of the other party, and the rendering of any such performance when any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the non-breaching party with respect to such breach or default, and no assent, expressed or implied, to any breach of any one or more covenants, provisions or conditions of the Agreement shall be deemed or taken to be a waiver of any succeeding or other breach. 6. LIABILITY: Each party shall be responsible for its own negligence hereunder to the extent provided by law. Neither party shall be deemed to be an agent for the other party. 7. SUBJECT TO LOCAL LAWS; VENUE: Each and every term, provision or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law. Venue for any action arising hereunder shall be in Arapahoe County, Colorado. 8. ASSIGNMENT AND SUBCONTRACTING: Neither party is obligated or liable under this Agreement to any party other than those specified herein. Englewood and Littleton understand and agree that they shall not assign or subcontract with respect to any of the rights, benefits, obligations or duties under this Agreement except upon prior written consent and approval of the other party, which consent or approval may be withheld in the absolute discretion of that other party, and in the event any such assignment or subcontracting shall occur, such action shall not be construed to create any contractual relationship between either of the parties and such assignee or subcontractor, and Englewood and Littleton shall remain responsible to each other according to the terms of this Agreement. Page 59 of 264 4 9. NO THIRD PARTY BENEFICIARIES: It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and rights of action relating to such enforcement, shall be strictly reserved to Englewood and Littleton, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement. It is the express intention of Englewood and Littleton that any person other than Englewood or Littleton receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 10. STATUS OF PARTIES: It is understood and agreed by and between the Parties that the status of each of the Parties hereto shall be that of independent contractor and it is not intended, nor shall it be construed, that either party or any employee, contractor, or consultant of such party is an employee, officer, or agent of the other party for purposes of unemployment compensation, workers’ compensation, or for any purpose whatsoever. Nothing herein shall be interpreted or construed as creating a joint venture or partnership between the Parties. Neither of the Parties shall have the right under this Agreement to create any obligation or incur any debt on behalf of Littleton or Englewood. 11. EXAMINATION OF RECORDS: Englewood’s Finance Director or his or her designee shall, until three (3) years after final payment under this Agreement is made, have access to and the right to examine any of Littleton’s pertinent books, papers, documents, or other records involving transactions related to performance of this Agreement, including but not limited to records pertaining to the Road Project on the construction contract with the Pavement Contractor. The period of access and examination for records relating to: (1) litigation or settlement of claims arising from performance of this Agreement, or (2) costs and expenses of this Agreement to which the Englewood Finance Director or his or her designee has secured access to, shall continue until such appeals, litigation, claims, exceptions are fully and finally resolved. 12. PARAGRAPH HEADINGS: The captions and headings set forth herein are for convenience of reference only, and shall not be construed so as to define or limit the terms and provisions hereof. 13. SEVERABILITY: It is understood and agreed to by the parties hereto that if any part, term, or provision of this Agreement is by the courts held to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. 14. AGREEMENT AS COMPLETE INTEGRATION – AMENDMENTS: This Agreement is intended as the complete integration of all understandings of the parties, their successors and assigns. No prior or contemporaneous addition, deletion or other amendment hereto shall have any force or effect whatsoever, unless embodied herein in writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in written amendatory or other Agreement executed by the parties and signed by the signatories of the original Agreement. This Agreement and any amendments shall be binding upon the parties, their successors and assigns. Page 60 of 264 5 15. LEGAL AUTHORITY: (a) Each party assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. (b) The person or persons signing and executing this Agreement on behalf of each party, do hereby warrant and guarantee that he/she or they have been fully authorized by Littleton or Englewood to execute this Agreement on behalf of Littleton or Englewood and to validly bind Littleton or Englewood to all the terms, performances and provisions herein set forth. 16. COUNTERPARTS OF THIS AGREEMENT: This Agreement may be executed in several counterparts, each of which shall be deemed the original, and all of which together shall constitute one and the same instrument. 17. PROJECT MANAGEMENT: It is mutually agreed between the parties that Littleton shall responsible for management of the project through direction to the Pavement Contractor, approval of traffic control plans, testing, and inspection. It is further agreed that the Englewood Designated Representative will work through the Littleton Project Manager to provide direction or comments to Pavement Contractor. 18. TRAFFIC: It is mutually agreed that Englewood will issue the appropriate permit to Pavement Contractor for execution of work within Englewood’s jurisdiction at no cost and will allow Pavement Contractor to utilize Englewood’s arterial roadways for transport of material to project site. 19. COST OVER RUNS FROM ESTIMATE IN AGREEMENT: If actual costs exceed the Estimated Cost plus 5% Contingency as stated in Attachment A due to actual field constructed quantities, the Parties agree to amend this Agreement to reflect the actual cost of Englewood’s portion of the project and reimburse said amount to Littleton. Furthermore, Englewood and Littleton understand that if the actual project cost exceeds the Estimated Cost plus 5% Contingency per Attachment A, Littleton will notify Englewood and receive authorization before any additional costs are incurred on the Road Project. Englewood and Littleton are aware, understand, and acknowledge that the construction costs provided in this Agreement are an estimate based on the best available information and that actual construction costs may vary. 20. GOVERNMENAL IMMUNITY: Notwithstanding any other provision herein to the contrary, no term or condition of this Agreement shall be construed or interpreted as a waiver of the monetary limitations on liability or of any of the immunities, rights, benefits, or protections provided to either Party under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended (the “CGIA”). The Parties understand and agree that liability for injuries or damages to persons or property arising out of the alleged negligence or willful and wanton acts of either Party, and respective officials, officers, and employees, is controlled or limited by the CGIA, nothing herein shall be construed or interpreted as modifying any liability protection thereunder. [SIGNATURE PAGES FOLLOW] Page 61 of 264 6 IN WITNESS WHEREOF, the Parties have executed this Intergovernmental Agreement Regarding South Windermere Street Pavement Rehabilitation as of the day and year first above written. CITY OF LITTLETON, COLORADO By:________________________________ , Mayor Attest: Reviewed by: ___________________________________ ____________________________________ City Clerk or Deputy City Clerk , City Attorney CITY OF ENGLEWOOD, COLORADO By:_________________________________ Linda Olson, Mayor Attest: Reviewed by: __________________________________ ____________________________________ City Clerk or Deputy City Clerk Alison McKenney Brown, City Attorney Page 62 of 264 7 ATTACHMENT A Road Project Costs (South Windermere Street) Page 63 of 264 BELLEVIEW PRENTICE WINDERMERECity ofEnglewoodCity ofLittleton PRINTED: 2018-11-09 12:40 DRAWN BY: JDL ¶N DATE: Nov 9, 2018PHOTO DATE: 2016 SCALE:1 inch = 100 feet Page 64 of 264 Printed 7/27/2018, Page 1, File Name:2018 Mill and Overlay - Englewood Contribution Item #Item #Description Quantity Unit Unit Price Total Estimated Quantity Estimated Total Bid Schedule 1 1 202 Removal of Asphalt Mat (Planing)24019 SY 1.55$ 37,229.45$ 4231.00 6,558.05$ 2 202 Removal of Asphalt Mat 1202 SY 9.00$ 10,818.00$ 0.00 -$ 3 202 Removal of Curb and Gutter 220 LF 4.00$ 880.00$ 0.00 -$ 4 202 Removal of Curb, Gutter, and Sidewalk 70 LF 10.00$ 700.00$ 0.00 -$ 5 202 Removal of Curb Ramp 109 SY 14.00$ 1,526.00$ 0.00 -$ 6 202 Removal Concrete Pavement 28 SY 16.00$ 448.00$ 0.00 -$ 7 202 Removal of Sidewalk 50 SY 12.00$ 600.00$ 0.00 -$ 8 208 Erosion Control 1 LS 3,000.00$ 3,000.00$ 0.18 540.00$ 9 210 Adjust Valve Covers to Final Grade 23 EA 180.00$ 4,140.00$ 0.00 -$ 10 210 Adjust Manholes to Final Grade 39 EA 200.00$ 7,800.00$ 7.00 1,400.00$ 11 304 Aggregate Base Course (Class 6)250 TN 23.00$ 5,750.00$ 44.10 1,014.30$ 12 403 Hot Mix Asphalt - Patching (SX)(75)(PG 58-28)405 TN 130.00$ 52,650.00$ 71.40 9,282.00$ 13 403 Hot Mix Asphalt (SX)(75)(PG 64-22)2702 TN 87.00$ 235,074.00$ 476.00 41,412.00$ 14 604 Place Manhole Ring and Cover 5 EA 300.00$ 1,500.00$ 0.00 -$ 15 608 Concrete Curb Ramp 109 SY 63.00$ 6,867.00$ 0.00 -$ 16 608 Truncated Domes Detectable Warning (2'x5')24 EA 400.00$ 9,600.00$ 0.00 -$ 17 608 Concrete Driveway (10")28 SY 81.00$ 2,268.00$ 0.00 -$ 18 608 Concrete Sidewalk 50 SY 46.00$ 2,300.00$ 0.00 -$ 19 609 Curb and Gutter, Type 2 (Section IIB)220 LF 19.00$ 4,180.00$ 0.00 -$ 20 609 Gutter, Type 2 (8 Foot)0 LF 30.00$ -$ 0.00 -$ 21 627 Epoxy Pavement Marking 59 Gal 98.00$ 5,782.00$ 14.00 1,372.00$ 22 627 Preformed Thermoplastic (Xwalk - Stop Line)1220 SF 10.15$ 12,383.00$ 240.00 2,436.00$ 23 627 Preformed Thermoplastic (Word/Symbol)1069 SF 14.25$ 15,233.25$ 188.00 2,679.00$ 24 630 Mobilization 1 LS 7,000.00$ 7,000.00$ 0.18 1,260.00$ 25 630 Traffic Control 1 LS 9,000.00$ 9,000.00$ 0.18 1,620.00$ 26 630 Minor Contract Revisions 1 FA 10,000.00$ 10,000.00$ 0.18 1,800.00$ Bid Schedule 1 Total 446,728.70$ 71,373.35$ Bid Schedule 2 - Bid Alternate 1 202 Removal of Asphalt Mat (Planing)7950 SY 1.40$ 11,130.00$ 0 -$ 2 202 Removal of Asphalt Mat 312 SY 9.00$ 2,808.00$ 0 -$ 3 202 Removal of Curb and Gutter 351 LF 4.00$ 1,404.00$ 0 -$ 4 202 Removal of Curb, Gutter, and Sidewalk 0 LF 10.00$ -$ 0 -$ 5 202 Removal of Curb Ramp 281 SY 14.00$ 3,934.00$ 0 -$ 6 202 Removal Concrete Pavement 0 SY 16.00$ -$ 0 -$ 7 202 Removal of Sidewalk 20 SY 12.00$ 240.00$ 0 -$ 8 208 Erosion Control 1 LS 2,000.00$ 2,000.00$ 0 -$ 9 210 Adjust Valve Covers to Final Grade 14 EA 180.00$ 2,520.00$ 0 -$ 10 210 Adjust Manholes to Final Grade 15 EA 200.00$ 3,000.00$ 0 -$ 11 304 Aggregate Base Course (Class 6)83 TN 23.00$ 1,909.00$ 0 -$ 12 403 Hot Mix Asphalt - Patching (SX)(75)(PG 58-28)134 TN 130.00$ 17,420.00$ 0 -$ 13 403 Hot Mix Asphalt (SX)(75)(PG 64-22)894 TN 89.00$ 79,566.00$ 0 -$ 14 604 Place Manhole Ring and Cover 2 EA 300.00$ 600.00$ 0 -$ 15 608 Concrete Curb Ramp 281 SY 63.00$ 17,703.00$ 0 -$ 16 608 Truncated Domes Detectable Warning (2'x5')12 EA 400.00$ 4,800.00$ 0 -$ 17 608 Concrete Driveway (10")0 SY 81.00$ -$ 0 -$ 18 608 Concrete Sidewalk 0 SY 54.00$ -$ 0 -$ 19 609 Curb and Gutter, Type 2 (Section IIB)351 LF 19.00$ 6,669.00$ 0 -$ 20 609 Gutter, Type 2 (8 Foot)10 LF 30.00$ 300.00$ 0 -$ 21 627 Epoxy Pavement Marking 0 Gal 98.00$ -$ 0 -$ 22 627 Preformed Thermoplastic (Xwalk - Stop Line)0 SF 10.15$ -$ 0 -$ 23 627 Preformed Thermoplastic (Word/Symbol)0 SF 14.25$ -$ 0 -$ 24 630 Mobilization 1 LS 5,000.00$ 5,000.00$ 0 -$ 25 630 Traffic Control 1 LS 6,000.00$ 6,000.00$ 0 -$ 26 630 Minor Contract Revisions 1 FA 10,000.00$ 10,000.00$ 0 -$ Bid Schedule 2 - Bid Alternate Total 177,003.00$ -$ Total Bid $623,731.70 $71,373.35 Construction Management 7.50%$5,353.00 Total Estimated Cost for City of Englewood $76,726.35 City of Littleton2018 Mill and Overlay Project - City Project No. 18-03 COST CONTRIBUTION FOR CITY OF ENGLEWOOD FOR WINDERMERE STREET Eng. Estimate Chavez Construction Englewood Portion Page 65 of 264 Printed 7/27/2018, Page 1, File Name:2018 Mill and Overlay - Bid Tabulation July 26, 2018 1:00 PM MST Littleton City Center James Newberry Item #Item #Description Quantity Unit Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Unit Price Total Bid Schedule 1 1 202 Removal of Asphalt Mat (Planing)24019 SY 4.00$ 96,076.00$ 1.55$ 37,229.45$ 2.40$ 57,645.60$ 2.30$ 55,243.70$ 2.24$ 53,802.56$ 2.40$ 57,645.60$ 2.30$ 55,243.70$ 2.25$ 54,042.75$ 2.50$ 60,047.50$ 2.24$ 53,862.61$ 2 202 Removal of Asphalt Mat 1202 SY 25.00$ 30,050.00$ 9.00$ 10,818.00$ 5.00$ 6,010.00$ 37.50$ 45,075.00$ 19.74$ 23,727.48$ 15.00$ 18,030.00$ 16.30$ 19,592.60$ 5.00$ 6,010.00$ 8.00$ 9,616.00$ 14.44$ 17,359.89$ 3 202 Removal of Curb and Gutter 220 LF 15.00$ 3,300.00$ 4.00$ 880.00$ 11.00$ 2,420.00$ 11.25$ 2,475.00$ 4.24$ 932.80$ 10.00$ 2,200.00$ 11.30$ 2,486.00$ 7.25$ 1,595.00$ 12.00$ 2,640.00$ 8.88$ 1,953.60$ 4 202 Removal of Curb, Gutter, and Sidewalk 70 LF 18.00$ 1,260.00$ 10.00$ 700.00$ 17.50$ 1,225.00$ 18.25$ 1,277.50$ 11.30$ 791.00$ 18.35$ 1,284.50$ 21.10$ 1,477.00$ 18.00$ 1,260.00$ 20.00$ 1,400.00$ 16.81$ 1,176.88$ 5 202 Removal of Curb Ramp 109 SY 33.00$ 3,597.00$ 14.00$ 1,526.00$ 24.50$ 2,670.50$ 25.00$ 2,725.00$ 12.71$ 1,385.39$ 29.00$ 3,161.00$ 18.40$ 2,005.60$ 22.00$ 2,398.00$ 27.00$ 2,943.00$ 21.58$ 2,351.81$ 6 202 Removal Concrete Pavement 28 SY 18.00$ 504.00$ 16.00$ 448.00$ 24.50$ 686.00$ 25.00$ 700.00$ 12.71$ 355.88$ 55.00$ 1,540.00$ 37.70$ 1,055.60$ 24.00$ 672.00$ 27.00$ 756.00$ 27.74$ 776.69$ 7 202 Removal of Sidewalk 50 SY 12.00$ 600.00$ 12.00$ 600.00$ 18.00$ 900.00$ 18.25$ 912.50$ 12.71$ 635.50$ 25.20$ 1,260.00$ 29.10$ 1,455.00$ 22.00$ 1,100.00$ 20.00$ 1,000.00$ 19.66$ 982.88$ 8 208 Erosion Control 1 LS 5,000.00$ 5,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 3,000.00$ 1,750.00$ 1,750.00$ 2,240.56$ 2,240.56$ 2,500.00$ 2,500.00$ 6,000.00$ 6,000.00$ 2,500.00$ 2,500.00$ 3,000.00$ 3,000.00$ 2,998.82$ 2,998.82$ 9 210 Adjust Valve Covers to Final Grade 23 EA 250.00$ 5,750.00$ 180.00$ 4,140.00$ 35.00$ 805.00$ 27.00$ 621.00$ 37.66$ 866.18$ 65.00$ 1,495.00$ 37.70$ 867.10$ 250.00$ 5,750.00$ 200.00$ 4,600.00$ 104.05$ 2,393.04$ 10 210 Adjust Manholes to Final Grade 39 EA 500.00$ 19,500.00$ 200.00$ 7,800.00$ 155.00$ 6,045.00$ 56.00$ 2,184.00$ 59.81$ 2,332.59$ 100.00$ 3,900.00$ 94.30$ 3,677.70$ 450.00$ 17,550.00$ 700.00$ 27,300.00$ 226.89$ 8,848.66$ 11 304 Aggregate Base Course (Class 6)250 TN 40.00$ 10,000.00$ 23.00$ 5,750.00$ 55.00$ 13,750.00$ 44.00$ 11,000.00$ 37.13$ 9,282.50$ 55.75$ 13,937.50$ 30.90$ 7,725.00$ 32.00$ 8,000.00$ 50.00$ 12,500.00$ 40.97$ 10,243.13$ 12 403 Hot Mix Asphalt - Patching (SX)(75)(PG 58-28)405 TN 145.00$ 58,725.00$ 130.00$ 52,650.00$ 115.00$ 46,575.00$ 140.00$ 56,700.00$ 95.81$ 38,803.05$ 89.35$ 36,186.75$ 127.50$ 51,637.50$ 115.00$ 46,575.00$ 150.00$ 60,750.00$ 120.33$ 48,734.66$ 13 403 Hot Mix Asphalt (SX)(75)(PG 64-22)2702 TN 80.00$ 216,160.00$ 87.00$ 235,074.00$ 72.50$ 195,895.00$ 61.50$ 166,173.00$ 70.03$ 189,221.06$ 74.00$ 199,948.00$ 73.30$ 198,056.60$ 86.00$ 232,372.00$ 75.00$ 202,650.00$ 74.92$ 202,423.71$ 14 604 Place Manhole Ring and Cover 5 EA 500.00$ 2,500.00$ 300.00$ 1,500.00$ 425.00$ 2,125.00$ 785.00$ 3,925.00$ 470.18$ 2,350.90$ 65.00$ 325.00$ 570.50$ 2,852.50$ 280.00$ 1,400.00$ 150.00$ 750.00$ 380.71$ 1,903.55$ 15 608 Concrete Curb Ramp 109 SY 125.00$ 13,625.00$ 63.00$ 6,867.00$ 85.00$ 9,265.00$ 89.00$ 9,701.00$ 186.40$ 20,317.60$ 215.00$ 23,435.00$ 116.00$ 12,644.00$ 115.00$ 12,535.00$ 100.00$ 10,900.00$ 121.18$ 13,208.08$ 16 608 Truncated Domes Detectable Warning (2'x5')24 EA 450.00$ 10,800.00$ 400.00$ 9,600.00$ 500.00$ 12,000.00$ 525.00$ 12,600.00$ 395.40$ 9,489.60$ 300.00$ 7,200.00$ 431.50$ 10,356.00$ 550.00$ 13,200.00$ 600.00$ 14,400.00$ 462.74$ 11,105.70$ 17 608 Concrete Driveway (10")28 SY 135.00$ 3,780.00$ 81.00$ 2,268.00$ 120.00$ 3,360.00$ 125.00$ 3,500.00$ 106.76$ 2,989.28$ 196.00$ 5,488.00$ 180.00$ 5,040.00$ 140.00$ 3,920.00$ 150.00$ 4,200.00$ 137.35$ 3,845.66$ 18 608 Concrete Sidewalk 50 SY 52.00$ 2,600.00$ 46.00$ 2,300.00$ 70.00$ 3,500.00$ 74.00$ 3,700.00$ 81.34$ 4,067.00$ 110.00$ 5,500.00$ 69.90$ 3,495.00$ 30.00$ 1,500.00$ 80.00$ 4,000.00$ 70.16$ 3,507.75$ 19 609 Curb and Gutter, Type 2 (Section IIB)220 LF 35.00$ 7,700.00$ 19.00$ 4,180.00$ 25.50$ 5,610.00$ 27.00$ 5,940.00$ 33.89$ 7,455.80$ 29.10$ 6,402.00$ 28.90$ 6,358.00$ 32.00$ 7,040.00$ 30.00$ 6,600.00$ 28.17$ 6,198.23$ 20 609 Gutter, Type 2 (8 Foot)0 LF 36.00$ -$ 30.00$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 3.75$ -$ 21 627 Epoxy Pavement Marking 59 Gal 250.00$ 14,750.00$ 98.00$ 5,782.00$ 96.00$ 5,664.00$ 170.00$ 10,030.00$ 97.47$ 5,750.73$ 152.00$ 8,968.00$ 110.50$ 6,519.50$ 114.00$ 6,726.00$ 120.00$ 7,080.00$ 119.75$ 7,065.03$ 22 627 Preformed Thermoplastic (Xwalk - Stop Line)1220 SF 18.00$ 21,960.00$ 10.15$ 12,383.00$ 10.50$ 12,810.00$ 11.25$ 13,725.00$ 11.02$ 13,444.40$ 11.55$ 14,091.00$ 12.50$ 15,250.00$ 13.00$ 15,860.00$ 15.00$ 18,300.00$ 11.87$ 14,482.93$ 23 627 Preformed Thermoplastic (Word/Symbol)1069 SF 18.00$ 19,242.00$ 14.25$ 15,233.25$ 14.50$ 15,500.50$ 18.00$ 19,242.00$ 14.68$ 15,692.92$ 18.25$ 19,509.25$ 16.70$ 17,852.30$ 18.00$ 19,242.00$ 18.00$ 19,242.00$ 16.55$ 17,689.28$ 24 630 Mobilization 1 LS 25,000.00$ 25,000.00$ 7,000.00$ 7,000.00$ 40,000.00$ 40,000.00$ 24,250.00$ 24,250.00$ 15,513.17$ 15,513.17$ 8,000.00$ 8,000.00$ 26,900.00$ 26,900.00$ 60,000.00$ 60,000.00$ 9,000.00$ 9,000.00$ 23,832.90$ 23,832.90$ 25 630 Traffic Control 1 LS 50,000.00$ 50,000.00$ 9,000.00$ 9,000.00$ 30,000.00$ 30,000.00$ 45,500.00$ 45,500.00$ 51,753.84$ 51,753.84$ 36,500.00$ 36,500.00$ 56,500.00$ 56,500.00$ 40,000.00$ 40,000.00$ 70,000.00$ 70,000.00$ 42,406.73$ 42,406.73$ 26 630 Minor Contract Revisions 1 FA 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ Bid Schedule 1 Total $632,479.00 446,728.70$ 487,461.60$ 508,949.70$ 483,201.79$ 488,506.60$ 525,046.70$ 571,247.75$ 563,674.50$ $509,352.17 Bid Schedule 2 - Bid Alternate 1 202 Removal of Asphalt Mat (Planing)7950 SY $4.00 31,800.00$ 1.40$ 11,130.00$ 2.40$ 19,080.00$ 2.65$ 21,067.50$ $2.25 17,887.50$ 2.50$ 19,875.00$ 2.40$ 19,080.00$ 2.40$ 19,080.00$ 2.50$ 19,875.00$ 2.31$ 18,384.38$ 2 202 Removal of Asphalt Mat 312 SY $4.00 1,248.00$ 9.00$ 2,808.00$ 5.00$ 1,560.00$ 44.00$ 13,728.00$ $28.33 8,838.96$ 23.00$ 7,176.00$ 16.20$ 5,054.40$ 22.00$ 6,864.00$ 10.00$ 3,120.00$ 19.69$ 6,143.67$ 3 202 Removal of Curb and Gutter 351 LF $15.00 5,265.00$ 4.00$ 1,404.00$ 11.00$ 3,861.00$ 11.25$ 3,948.75$ $4.24 1,488.24$ 10.00$ 3,510.00$ 11.00$ 3,861.00$ 5.00$ 1,755.00$ 12.00$ 4,212.00$ 8.56$ 3,005.00$ 4 202 Removal of Curb, Gutter, and Sidewalk 0 LF $18.00 -$ 10.00$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 1.25$ -$ 5 202 Removal of Curb Ramp 281 SY $33.00 9,273.00$ 14.00$ 3,934.00$ 24.50$ 6,884.50$ 25.00$ 7,025.00$ $12.71 3,571.51$ 29.00$ 8,149.00$ 18.00$ 5,058.00$ 15.00$ 4,215.00$ 27.00$ 7,587.00$ 20.65$ 5,803.00$ 6 202 Removal Concrete Pavement 0 SY $18.00 -$ 16.00$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 2.00$ -$ 7 202 Removal of Sidewalk 20 SY $12.00 240.00$ 12.00$ 240.00$ 18.00$ 360.00$ 18.25$ 365.00$ $12.71 254.20$ 52.00$ 1,040.00$ 30.40$ 608.00$ 20.00$ 400.00$ 20.00$ 400.00$ 22.92$ 458.40$ 8 208 Erosion Control 1 LS $2,500.00 2,500.00$ 2,000.00$ 2,000.00$ 3,000.00$ 3,000.00$ 1,000.00$ 1,000.00$ $650.32 650.32$ 2,500.00$ 2,500.00$ 3,000.00$ 3,000.00$ 1.00$ 1.00$ 2,000.00$ 2,000.00$ 1,768.92$ 1,768.92$ 9 210 Adjust Valve Covers to Final Grade 14 EA $250.00 3,500.00$ 180.00$ 2,520.00$ 35.00$ 490.00$ 27.00$ 378.00$ $37.66 527.24$ 65.00$ 910.00$ 37.70$ 527.80$ 250.00$ 3,500.00$ 200.00$ 2,800.00$ 104.05$ 1,456.63$ 10 210 Adjust Manholes to Final Grade 15 EA $500.00 7,500.00$ 200.00$ 3,000.00$ 85.00$ 1,275.00$ 56.00$ 840.00$ $59.81 897.15$ 100.00$ 1,500.00$ 94.30$ 1,414.50$ 450.00$ 6,750.00$ 700.00$ 10,500.00$ 218.14$ 3,272.08$ 11 304 Aggregate Base Course (Class 6)83 TN $40.00 3,320.00$ 23.00$ 1,909.00$ 55.00$ 4,565.00$ 42.00$ 3,486.00$ $37.25 3,091.75$ 64.50$ 5,353.50$ 30.50$ 2,531.50$ 32.00$ 2,656.00$ 50.00$ 4,150.00$ 41.78$ 3,467.84$ 12 403 Hot Mix Asphalt - Patching (SX)(75)(PG 58-28)134 TN $145.00 19,430.00$ 130.00$ 17,420.00$ 120.00$ 16,080.00$ 160.00$ 21,440.00$ $105.47 14,132.98$ 115.00$ 15,410.00$ 139.00$ 18,626.00$ 115.00$ 15,410.00$ 150.00$ 20,100.00$ 129.31$ 17,327.37$ 13 403 Hot Mix Asphalt (SX)(75)(PG 64-22)894 TN $80.00 71,520.00$ 89.00$ 79,566.00$ 72.50$ 64,815.00$ 64.50$ 57,663.00$ $73.87 66,039.78$ 74.50$ 66,603.00$ 73.60$ 65,798.40$ 86.00$ 76,884.00$ 83.00$ 74,202.00$ 77.12$ 68,946.40$ 14 604 Place Manhole Ring and Cover 2 EA $500.00 1,000.00$ 300.00$ 600.00$ 425.00$ 850.00$ 785.00$ 1,570.00$ $491.07 982.14$ 65.00$ 130.00$ 570.50$ 1,141.00$ 150.00$ 300.00$ 150.00$ 300.00$ 367.07$ 734.14$ 15 608 Concrete Curb Ramp 281 SY $125.00 35,125.00$ 63.00$ 17,703.00$ 85.00$ 23,885.00$ 89.00$ 25,009.00$ $186.40 52,378.40$ 215.00$ 60,415.00$ 116.00$ 32,596.00$ 115.00$ 32,315.00$ 100.00$ 28,100.00$ 121.18$ 34,050.18$ 16 608 Truncated Domes Detectable Warning (2'x5')12 EA $450.00 5,400.00$ 400.00$ 4,800.00$ 500.00$ 6,000.00$ 525.00$ 6,300.00$ $395.40 4,744.80$ 300.00$ 3,600.00$ 439.00$ 5,268.00$ 550.00$ 6,600.00$ 600.00$ 7,200.00$ 463.68$ 5,564.10$ 17 608 Concrete Driveway (10")0 SY $135.00 -$ 81.00$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 10.13$ -$ 18 608 Concrete Sidewalk 0 SY $52.00 -$ 54.00$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 6.75$ -$ 19 609 Curb and Gutter, Type 2 (Section IIB)351 LF $35.00 12,285.00$ 19.00$ 6,669.00$ 25.50$ 8,950.50$ 27.00$ 9,477.00$ $39.54 13,878.54$ 29.10$ 10,214.10$ 28.90$ 10,143.90$ 32.00$ 11,232.00$ 30.00$ 10,530.00$ 28.88$ 10,136.88$ 20 609 Gutter, Type 2 (8 Foot)10 LF $36.00 360.00$ 30.00$ 300.00$ 95.00$ 950.00$ 102.00$ 1,020.00$ $96.03 960.30$ 665.00$ 6,650.00$ 80.90$ 809.00$ 130.00$ 1,300.00$ 110.00$ 1,100.00$ 163.62$ 1,636.16$ 21 627 Epoxy Pavement Marking 0 Gal $250.00 -$ 98.00$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 12.25$ -$ 22 627 Preformed Thermoplastic (Xwalk - Stop Line)0 SF $18.00 -$ 10.15$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 1.27$ -$ 23 627 Preformed Thermoplastic (Word/Symbol)0 SF $18.00 -$ 14.25$ -$ -$ -$ -$ -$ $0.00 -$ -$ -$ -$ -$ -$ -$ -$ -$ 1.78$ -$ 24 630 Mobilization 1 LS $15,000.00 15,000.00$ 5,000.00$ 5,000.00$ 19,000.00$ 19,000.00$ 8,500.00$ 8,500.00$ $5,434.34 5,434.34$ 7,500.00$ 7,500.00$ 10,700.00$ 10,700.00$ 5,000.00$ 5,000.00$ 6,500.00$ 6,500.00$ 8,454.29$ 8,454.29$ 25 630 Traffic Control 1 LS $10,000.00 10,000.00$ 6,000.00$ 6,000.00$ 17,000.00$ 17,000.00$ 23,000.00$ 23,000.00$ $37,642.20 37,642.20$ 22,000.00$ 22,000.00$ 32,500.00$ 32,500.00$ 22,000.00$ 22,000.00$ 22,000.00$ 22,000.00$ 22,767.78$ 22,767.78$ 26 630 Minor Contract Revisions 1 FA $10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ $10,000.00 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ Bid Schedule 2 - Bid Alternate Total $244,766.00 177,003.00$ 208,606.00$ 215,817.25$ 243,400.35$ 252,535.60$ 228,717.50$ 226,262.00$ 234,676.00$ $223,377.21 Total Bid $877,245.00 $623,731.70 $696,067.60 $724,766.95 $726,602.14 $741,042.20 $753,764.20 $797,509.75 $798,350.50 $732,729.38 City of LittletonSummary of Proposals Received for the 2018 Mill and Overlay Project - City Project No. 18-03 PUBLIC WORKS DEPARTMENT ENGINEERING AND UTILITIES DIVISION BID TABULATION BID OPENING DATE PLM Asphalt and Concrete, Inc. TIME LOCATION PREPARED BY Average Unit BidEng. Estimate Chavez Construction Brannon Sand and Gravel Co., LLC Martin Marietta Rocky Mountain Excavating Inc.Aggregate IndustriesKewit InfrastructureAsphalt Specialties Page 66 of 264 A B C A+B+C D E D+E A+B+C-D-ENew Project Fund Bal. BudgetWorld G/L Start Project Carry Fwd. 2018 BUDGET Amend REVISED2018 2018TOTAL APPROP.Project Task Division PROJECT Year End Date 12/31/2017 Approp. Amendments Notes BUDGETEXPEND. ENCUMB.EXP. AND ENC. BALANCECITY MANAGER30 0201 001 0201 Misc. Infrastructure Repairs Ongoing Ongoing 11,894.00 11,894.00 38,552.77 10,478.00 49,030.77 (37,136.77) 30 0201 002 0201 Building Systems Replacement 2014 Ongoing 10,648.70 10,648.70 - 10,648.70 30 0201 004 0201 Branding Monument & Building Signs 2017 250,000.00 250,000.00 - 250,000.00 SUBTOTAL 272,542.70 - - 272,542.70 38,552.77 10,478.00 49,030.77 223,511.93 COMMUNITY DEVELOPMENT30 0801 001-02 0801 Economic Incentive Prog - Rite Aid 2017 1,665.00 1,665.00 - 1,665.00 30 0801 002 0801 Broadway Improvements 2017 241,610.55 57,796.19 299,406.74 188,698.62 104,858.25 293,556.87 5,849.87 30 0801 003 0803 Paseo Project 2008 50,000.00 (50,000.00) - - - 30 0801 004 0803 Paseo Mid-Block Crossing 2016 7,796.19 (7,796.19) - - - 30 0801 005 Safe Routes to School 2017 285,905.44 285,905.44 13,785.00 4,699.94 18,484.94 267,420.50 SUBTOTAL 586,977.18 - - - 586,977.18 202,483.62 109,558.19 312,041.81 274,935.37 PUBLIC WORKS30 1001 001 1002 Road and Bridge / Bridge Repairs Ongoing Ongoing 671,529.88 1,494,000.00 (519,806.34) 1,645,723.54 284,175.77 549,756.39 833,932.16 811,791.38 30 1001 002 1002 Bridge Repairs 1994 Ongoing 519,806.34 519,806.34 519,806.34 519,806.34 - 30 1001 003 1004 Transportation System Upgrade 1997 Ongoing 16,153.46 165,000.00 181,153.46 30,262.06 - 30,262.06 150,891.40 30 1001 004 1003 Santa Fe Light Poles 2011 Ongoing 25,000.00 25,000.00 - 25,000.00 30 1001 005 1002 Dartmouth Bridge 2018 2019 1,500,000.00 1,500,000.00 - 1,500,000.00 30 1001 006 1002 Street Lights & Furniture Broadway 2016 Ongoing 50,000.00 40,000.00 90,000.00 - 90,000.00 30 1001 007 1003 Alley Construction 2016 Ongoing 230,388.64 230,388.64 4,908.15 80,091.85 85,000.00 145,388.64 30 1001 008 1001 Concrete Utility - City Share 1998 Ongoing - 280,000.00 280,000.00 280,631.39 280,631.39 (631.39) 30 1002 001 1002 Concrete Program - Accessible Ramps 1996 Ongoing 48,261.06 100,000.00 148,261.06 146,776.13 1,484.87 148,261.00 0.06 30 1005 001 1005 Civic Center Facility Rehab / Repairs 2016 Ongoing 205,602.24 205,602.24 76,042.70 342.12 76,384.82 129,217.42 30 1005 002 1005 Jefferson Facility Rehab / Repairs 2016 Ongoing 252,076.06 252,076.06 89,699.47 - 89,699.47 162,376.59 30 1005 003 1005 Acoma Facility Rehab / Repairs 2016 Ongoing 43,950.03 43,950.03 39,242.54 39,242.54 4,707.49 SUBTOTAL 3,042,961.37 2,079,000.00 - 5,121,961.37 951,738.21 1,151,481.57 2,103,219.78 3,018,741.59 RECREATION30 1301 001 1301 Broadway Medians/Lighting/Flower Pots 2016 Ongoing 27,266.00 27,266.00 12,750.00 9,960.00 22,710.00 4,556.00 30 1301 003 1301 Tree Maintenance 2017 12,000.00 12,000.00 - 12,000.00 30 1301 004 1201 Library Upgrades 2017 5,183.42 (4,808.42) Close to FB 375.00 375.00 375.00 (0.00) 30 1301 005 1302 ERC Upgrades 2017 50,000.00 500,000.00 550,000.00 - 550,000.00 30 1301 006 1301 Parking Lots / Asphalt -PW 2017 10,397.79 59,028.00 69,425.79 - 69,425.79 SUBTOTAL 0 104,847.21 559,028.00 (4,808.42) 659,066.79 13,125.00 9,960.00 23,085.00 635,981.79 GENERAL GOVERNMENT1501 Transfer to Capital Projects Fund 2002 Ongoing - 1,667,052.00 1,667,052.00 1,667,052.00 1,667,052.00 - 1501 Transfer to General Fund 2004 Ongoing - 120,272.00 120,272.00 120,272.00 120,272.00 - SUBTOTAL - 1,787,324.00 - 1,787,324.00 1,787,324.00 - 1,787,324.00 - - TOTALS 4,007,328.46 4,425,352.00 (4,808.42) 8,427,872.04 2,993,223.60 1,281,477.76 4,274,701.36 4,153,170.68 Distribution:1,205,899.60 PUBLIC IMPROVEMENT FUNDPROJECT STATUS AND FUND BALANCE REPORTOctober 31, 2018PIF-18.xlsx12:41 PM 11/15/2018Page 67 of 264 IGA with the City of Littleton Windermere Street Mill and Overlay Page 68 of 264 Recommendation Approve a Bill for an Ordinance Section of Roadway East Half of Windermere between Prentice Ave. and State Highway 88, Belleview Ave.Page 69 of 264 Summary •Established Relationship •Citizen Driven •Best Practice •Formal Bid Process Page 70 of 264 •Identified 2018 Project •Joint Paving Operation •Littleton Expanded Project •Cost Sharing Options •Delay Ramifications Analysis Page 71 of 264 Financial •Funding Breakdown •City of Englewood Share $ 77,000.00 •Available Funding PIF $ 811,791.38 •Account Balance $ 734,791.38 Page 72 of 264 Alternatives/Conclusion •Current Condition Unacceptable •Englewood Forces Complete Paving •Approval –Issue Purchase Order Page 73 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tamara Wolfe DEPARTMENT: Municipal Court DATE: January 7, 2019 SUBJECT: Renewal First Appearance Defense Counsel DESCRIPTION: Renewal First Appearance Defense Counsel RECOMMENDATION: The Court would request that the Council approve the renewal of the professional service agreement contract for First Appearance Defense Counsel. The terms of the original contract was only for 6 months. This amended agreement will be for the entire 2019 year time frame. PREVIOUS COUNCIL ACTION: Council previously authorized the Court's acceptance of a DOLA administered state grant for reimbursement of expended defense counsel first appearance funds. The Court is scheduled to begin to apply for reimbursements from this grant in 2019. SUMMARY: The Court entered into a Professional Services Agreement for services to be provided by defense counsel in June of 2018 for a six month time period not to exceed $24,000. Prior to the contract, a RFQ was generated and posted through multiple venues in May 2018, after which the currently contracted defense counsel were selected. The requested renewal contract extends the service period until the end of 2019 and will exceed the financial threshold stated in the original PSA. While the Court expects to receive reimbursement grant monies from the State to help offset this amount, expenditures are required prior to any reimbursements from the grant. FINANCIAL IMPLICATIONS: The amount being requested was submitted and approved through the 2019 budget process with Council. No additional funding is being requested. ALTERNATIVES: There are no legal alternatives as providing First Appearance Defense Counsel is mandated by state law. ATTACHMENTS: Original PSA contract Renewal Agreement Schedule A 2019 Page 74 of 264 _.n.m_mon _umo_ummm_oz>_.mmmsnmm>mmmm_smz4 02.5:z::_uo..323....» 02.:>uuo_..=2__.auu_nB_.§._m§.32:28oxnnnn. ._.Em_u_.o.mmu_o:m_mm_.<_nom>m..mm3m:»E5Smqmmams?_mBmammm2.in nos.3..a .._::m. NEa.as..m2mn..<mUm.m._V3.mancmczmm:>SoEm=_.__s$%.mam.«~33 man.45....._E__mmn Eon.»3»mu.mmm=_m=<mAm3.man.2505.2m:m_m2oon.oo_o_.mno.m =E=.n_um_no?o?zoa oams?mn::am1_._m_mEm35mm?aaoo_o_.maono.5. 0.2amm__.mm3m.5mxmEmmm:.m=<mE.was:256:39223»Sam..._mum_mminmm.mmammnnuma :m_.m_=.man:5mmu:...mm:.m=<m3ammwm83.3::man:_mmm_mm_.<_nmmo:3.5:on92 o::6 $35 manno..a=.o_._mmm.8:::m..m.:. _=nosmamagoa25m§mno__..mman:58:3:m..m_=m=m..mm.3...:mano=.m_.coonman<m_:mEm no:m_nma...o:.Sm_.mnm.u.manm_._m._n_m.._n<2.San:ma_..mqma<mo_3os._m.._cma.=5 umamm:m_.m.o. __.=m_..n._:m8cm_mum__<.§__.a.moanmm€__osm_ 9Uoaaioam..263:3mm.3::am_os mum:an%..__.2mm€__oEu“ A3_._=.m=mnEm__u..oum:<_»_m:_m.. m:m__Emmam:<manm__A3s:m~m<m_.amamQ. 6::_So<s._9.nmm.n:m.m&S...a_u_mm_.a _=.m:n=u_mman.:92.392:2:mqmmnm_.mxmmzsn 3_..u:.mammonia5::52.62m:=._o.m:_u ==o:n:o:.Em_.__._.<m_.mm._:n_.a_:na5so. _._,:=maSnou<.._mEm_32m..633.man.Bmmx- Sonxm..8$332..manqmnm_._m3mamzm manm.:.=m..3%.8."Sammmna._.6=.m.3 um?im.%...a=m.m_mo...=...=mman2:2. =._9._m=_m_u_.oum:<_..u_._.m.Am.m__o=_m_. §m__moEm_man__a5am_u6um...<amim3.. m<mJ.:3.man=mE_.m=._.o.._o=o5Em:a<mGm man=oEm<m_.nmm_m:m.m&:=n_:u_:n_ouom. .._.w:_m_..zuzmman.3.58_m_.::=m_.m..oa. s:m5m..misc3oumnao:Q_m§no=...mo.. ._om_._mm_0..o?masmm.man.8m__qmamzmzosm. 5m_muu__nm=o=m__.m:m<<m_m.m§m_._m_o=m. no_.=_:.._m._.o:m.a.<_m_o:m9._.m_mm.._mm_._m..mR.65 o_.smamuamq5Ram::n_:n=:mm_._<33¢.:m3.oqSmqoamuomnuv. .5..<<Qx _...:§_%mam:Sam:m__ um.m_.=m.um?z.m_u_u=nm:o:m.S<m_.=_o_..m. ammaam.33..Scam.Eonmmmmm. 3m=.oqo_on_mm.nou<_._m:.mmannou<:nz.mc_m sB=.m_._.mn_mmmn_.m.m_:n_:&=m no=..am=._m_ .:€:_._m=o=.3;.nmm?am.:.m=:m_m.=m.=__._n 3m.m:m_mmann.onc:._m:.m:o....3:_.=__.....m_ _3oS_mnmmon_:m:Smn.E.=u _u_.onmmmmm_ :_m3oam.uznmm.m:m:n_m_manmnnocazsaqm.m_ u..on:o.wmanEoacn.mumo=._om._o:mmanm_ 239.__.=m__mnEm__u_.oum_._<_»_.n3m Qmm?n. am<m_oumao..Emumqma.nonE_._m:.mn_m_.a§. $.22:a<mm_..._.mmm=.m=<m.u:_.m:m:.3 Sm u8<_u_o_._2=6mmqsnmm. n.m»m.m=.m=.mon<<o_.x._u:_.__._n5m3:: =m_.mo.manmagma8 5m »m:.=mman.noaaaoam noz?ama:m_m.:.xmEmmm:.mz<omoqmmm8 n_.o<_nm__mmm_mminmm.35 ..mm2_omm..Vum E:_._m..nmmauma5 mn_..ma:_m>35 .m.m.m3m:.3<<o=$8..92.man5 man: mn&=o:m_m.m$3m:_m 2 22..mm3m<am mxmnc?n3mun:2 So umamm:m..m_o.83 .558.55ucacma8 im >m=mm3m.....mun: m.m.m_._._m:.o.22:m_._m__mung?Em maoumon so}.mumnanmzosm.umm?2 oo..=um=mm._o: 38m:u_m$o2__uua.€m<.mzaosoon.no_o..mno8.8.33 .33amuses2sz.m.._o_msooauo<ca n:.<n:u vnonczmzmzq o_<_m_o2 2...3§u5_ _nu...$.51 Page 75 of 264 Page 76 of 264 Page 77 of 264 Page 78 of 264 Page 79 of 264 Page 80 of 264 Page 81 of 264 Page 82 of 264 Page 83 of 264 Page 84 of 264 Page 85 of 264 Page 86 of 264 Page 87 of 264 Page 88 of 264 Page 89 of 264 SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Arnold Shunneson Khalid Jbili Shunneson Law LLC 3773 Cherry Creek No. Drive Suite 575 PO Box 102854 Denver, CO 80209 Denver, CO 80250 720-295-6866 720-338-3943 kj@lawofficeofkj.com shunneson@gmail.com Relief Associate Nick Depetro 5251 DTC Parkway, Ste 350 Greenwood Village, CO 80110 nick@ndlawoffice.com 2. NAMES OF PROJECT COORDINATORS Arnold Shunneson/Shunneson Law LLC Tamara D. Wolfe/Englewood Municipal Court Administrator/Director 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK Initial in-custody appearance and court-appointed legal counsel. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER REPRESENTATIVE RESOURCES N/A 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Representatives shall provide legal representation for the following services only: Provide initial appearance in-custody counsel to all in-custody Englewood Defendants. Video arraignments are currently held Monday through Friday at 1:00PM daily, excluding Englewood observed holidays. One Representative is required to be at the proper meeting location by 12:45PM. Representative will appear at the Arapahoe County Detention Center, located at 7375 South Potomac St, Centennial, CO 80112 in order to provide initial appearance in- custody counsel to Defendants. Page 90 of 264 Representatives may potentially appear at the Englewood Municipal Court, located at 1000 Englewood Parkway, Englewood, CO 80110 as technology and logistics permit in order to provide initial appearance in-custody counsel to Defendants. Representatives will advise initial appearance in-Custody Defendants regarding potential bonds that may be applicable for release and/or potential dispositions. Representatives understand that initial appearance in-Custody Defendants may waive their right to counsel and speak with a prosecuting attorney pro se at that time about a possible disposition to his/her case. Representative is aware this is a new procedural process and there will likely be some requirements for adjustments as the process is implemented and improved. Any changes in process will be at the discretion of the Englewood Municipal Court. 7. SPECIAL TERMS, IF ANY N/A 8. MODE OF PAYMENT City of Englewood financial processes. 9. PAYMENT SCHEDULE City will pay Representatives for the work in accordance with the following payment process. All payments to Representatives are contingent on Representatives satisfying the Deliverables/Milestones set forth in the Payment Schedule. Representatives will be paid $175.00 per attended In-custody video session. Representative is to invoice the Englewood Municipal Court at least monthly. Total payments for contract period will not exceed $50,000. 10. SCHEDULE AND PERFORMANCE MILESTONES Current In-Custody video hearings are daily, Monday through Friday at 1:00PM. Englewood and Arapahoe County holidays are excluded. Representatives will provide legal counsel to all applicable Englewood Municipal Court in-custody defendants at the location of the Arapahoe County Detention Center, 7375 South Potomac St. Centennial, CO 80112. Representative shall arrive at the above designated location no later than 12:45PM. Representative will be notified no later than 10:30AM if there will be no need for services on that date. If notification is made to the Representative by the Court within the above specified time frame, the Representative will not invoice for services on that date. If notification is NOT made to the Representative within the above specified time frame, the Representative will be entitled to invoice for services that date. Page 91 of 264 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Representatives will appear at the Arapahoe County Detention Center, located at 7375 South Potomac St, Centennial, CO 80112 in order to provide initial appearance in-custody legal counsel to Defendants. Representatives may potentially appear at the Englewood Municipal Court, located at 1000 Englewood Parkway, Englewood, CO 80110 as technology and logistics permit in order to provide initial appearance in-custody legal counsel to Defendants. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By:_________________________________Date:____________ (Department Director) By:_________________________________Date:____________ (City Manager) Representative Name: Arnold Shunneson Signature: ____________________ Address: P.O. Box 102854 Denver, CO 80250 Date: ________________________ Representative Name: Khalid Jbili Signature:_____________________ Address: 3773 Cherry Creek No. Dr. Suite 575 Date: ________________________ Denver, CO 80209 Relief Associate Name: Nick DePetro Signature:_____________________ Address: 5251 DTC Parkway Suite 350 Date: ________________________ Greenwood Village, CO 80111 Page 92 of 264 Gl59UM°°q /\|||5a5'CO 90111 2”!55 320 D559 vqqteeai QSEJ DLC b51KM5)\ ge|gs4\1aaocgs¢s Mame:v|gc|<Dsbsuo exauslms: D9W\5l'CO 90506 ZVWG332 D9(55 5 <(§C5 § VqQl€??3333 CPGW‘CLGGK14°Dl |5Sl)lS2SU(5(l/\S meme:Kpsuq 1pm ggausmls D9‘-"\5'>'CO 90320 D5593 Vqqlezi b 0’B9)‘JOSQQV gsbLsasu(s;gAs |/|SulS'\-,/Luo|q epnuuezuu elausgms (cu).wsusasu BA‘pass (osbiumsul Dgxscgmj BA‘— Date CILA OI:EVIGFEMOOD’COFOKVDO sxscrusq (me amswsw 01 Mom sa a;me ‘—'qs)\og 0 "‘30- vfnssmeucpsunssu we bsuleauetem qszsq ‘50”‘(us bSLllS2pa/xs m Mungzg M?gggoy bmervsutsuq gu sccmqsucs mp we bl0QG22!O|J5|gsmgcse bsuuuI|J olqet cobLo/uqs l|J|(lS|sbbssuucs gu-cnagoqh |sas|conu2s1 40 Dsyeuqsuzz conu’|ocs(sq s(4000 Eua|sMooq bsq<MsA‘Euaysmooq‘co 30440 szcscpumoak suq waleucacomes:to Degeuqsute |5SblSE6U(5Jl/\S?msk bo;suus||)\sbbsst 5;(ps Eu?lsmooq wnuIcIbs| bolculsc 2;’csweuulsr co 904 45 [U OLqSL :0 mo/uqs \ugne|§bbSS|.S|JCG gu~cn2zoqA|s?sg gSb|.SESU£S(!/\S2 Mmsbbsm s;we VLSDSHOSconuaDsxsuuou csucev.‘yocsceq 5:5359 gonzp J3‘FOCVUOM0|:MOHK |;\-/C||'|i|E2 I/I\V 11'VCCEbJ.Vl/ICE VMD J.E2J.||/10 bHOCED?BE2 Page 93 of 264 11.ACCEPTANCEAND TESTINGPROCEDURES N/A 12.LOCATIONOF WORK FACILITIES Representatives will appear at the Arapahoe County Detention Center,located at 7375 South Potomac St,Centennial,CO 80112 in order to provide initial appearance in-custody legal counsel to Defendants.Representatives may potentially appear at the Englewood Municipal Court,located at 1000 Englewood Parkway,Englewood,CO 80110 as technology and logistics permit in order to provide initial appearance in-custody legal counsel to Defendants. IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,20_,the parties have executed this Statement of Work as of this day of ,20_. CITY OF ENGLEWOOD,COLORADO By:Date: (Department Director) By;Date: (City Manager) Representative Name:Arnold Shunneson Signature: Address:P.O.Box 102854 Denver,CO 80250 Date: Representative Name:Khalid Jbili Signature: Address:3773 Cherry Creek No.Dr. Suite 575 Date: Denver,CO 80209 Relief Associate Name:Nick DePetro Signature: Address:5251 DTC Parkway , 7 0 Suite 350 Date:/5',-L1’I 0 Greenwood Village,CO 80111 Page 94 of 264 12.LOCATIONOF WORK FACILITIES Representatives will appear at the Arapahoe County Detention Center,located at 7375 South Potomac St,Centennial,CO 80112 in order to provide initial appearance in—custody legal counsel to Defendants.Representatives may potentially appear at the Englewood Municipal Court,located at 1000 Englewood Parkway,Englewood,CO 80110 as technology and logistics permit in order to provide initial appearance in—custody legal counsel to Defendants. lN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ,20_,the parties have executed this Statement of Work as of this day of ,20 CITY OF ENGLEWOOD,COLORADO By:Date: (Department Director) By:Date: (City Manager) ; Representative Name:Arnold Shunneson Signature Address:PO.Box 102854 i ' Denver,CO 80250 Date:1 Z I t I Representative Name:Khalid Jbili Signature: Address:3773 Cherry Creek No.Dr. Suite 575 Date: Denver,CO 80209 ReliefAssociate Name:Nick DePetro Signature: Address:5251 DTC Parkway Suite 350 Date: Greenwood Village,CO 80111 Page 95 of 264 RENEWAL AGREEMENT #1 TO THE PROFESSIONAL SERVICES AGREEMENT OF JUNE 13, 2018 BETWEEN ARNOLD SHUNNESON AND KHALID JBILI AND THE CITY OF ENGLEWOOD FOR THE RENDERING OF LEGAL SERVICES THIS AMENDMENT #1 to the Professional Services Agreement of June 13, 2018, made and entered into on this ________ day of January, 2019 by and between the City of Englewood hereinafter referred to as “City” and Arnold Shunneson and Khalid Jbili, hereinafter referred to as “Representatives” and collectively referred to as the “Parties”. WHEREAS, on June 13, 2018 the Parties entered into a Professional Services Agreement (“PSA”) for the provision of legal services and representation of individuals held in custody by the City of Englewood as mandated by State Statute; WHEREAS, pursuant to Section 8 of the PSA, the parties may enter into a renewal of the Agreement for an additional one year period; WHEREAS, during the past six months the Representatives have provided initial appearances and representation of individuals that are held on City of Englewood warrants or arrest holds, advised those individuals regarding bonds or potential dispositions; WHEREAS, in order to maintain compliance with the State mandates regarding legal representation for in-custody defendants, a third attorney will be added and designated as a relief associate who will be called on in the event that one of the primary attorney’s cannot appear due to scheduling conflicts or for other reasons which may arise from time to time; WHEREAS, the City desires that the Representative continue to provide legal representation to individuals in custody due to Municipal Court warrants, or mandatory arrest cases; and WHEREAS, the Parties will continue to operate and abide by the terms and conditions of PSA/18-32 entered into by the Parties on June 13, 2018. NOW, THEREFORE, City and the Representatives agree to the Amendment #1 as follows: I. SCHEDULE A – OUTLINE OF STATEMENT OF WORK The Outline of Statement of Work attached hereto and incorporated herein outlines the understanding and performance that each Party shall provide to each other pursuant to the terms and conditions of the PSA. Including, but not limited to, initial appearance for in-custody hearings, bond advisements, plea negotiations and dispositions. Page 96 of 264 II. COMPENSATION Compensation for the services described in the Statement of Work, attached hereto, shall be set at $175.00 per in-custody video session, with a total amount of compensation for the term of the Agreement as no more than $50,000.00 dollars, as set forth at number 9 of the Statement of Work - Payment Schedule. IN WITNESS WHEREOF, the City and Representatives do hereby execute this Renewal Agreement #1 to the Professional Services Agreement (PSA/18-32), of June 13, 2018. CITY OF ENGLEWOOD By: __________________________________ Linda Olson, Mayor Date: __________________________________ ARNOLD SHUNNESON, Attorney at Law – Court Appointed Counsel By: __________________________________ Date: __________________________________ KHALID JBILI, Attorney at Law – Court Appointed Counsel By: ___________________________________ Date: ___________________________________ NICK DEPETRO, Attorney at Law (Relief Associate – Court Appointed Counsel) By: ___________________________________ Date: ___________________________________ _________________________________________ TAMARA WOLFE, Englewood Municipal Court Administrator Date: ___________________________________ __________________________________________ Dorothy Hargrove, Interim City Manager Date: ________________________________ Page 97 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Brad Anderson DEPARTMENT: Parks, Recreation & Library DATE: January 7, 2019 SUBJECT: Purchase Pirates Cove Shade Umbrellas DESCRIPTION: Purchase Pirates Cove Shade Umbrellas RECOMMENDATION: Staff recommends that Council approve by motion the purchase of shade umbrellas for Pirates Cove. PREVIOUS COUNCIL ACTION: No previous Council action on this issue. SUMMARY: The shade umbrellas at Pirates Cove have been in place since the opening of Pirates Cove fifteen (15) years ago. Due to the harsh environment of the Colorado weather, the fabric of the umbrellas have began to thin, fade and holes are appearing in various parts of the umbrellas. The life expediency of the fabric in a water park setting is approximately ten (10) years. By replacing the umbrellas at Pirates Cove, we will be able to continue to offer shade in the various parts of the park. Waterloo Tent and Tarp has previously supplied the umbrellas for Pirates Cove. Purchasing the same style and color will ensure consistency in appearance. Their customer service, available discounts, industry reputation, and merchandise quality more than satisfy our requirements. Additional quotes were solicited with Waterloo's being the lowest quote. ANALYSIS: Upon inspecting the shade structures and fabric, it was determined the pole structures are still sound but the fabric has reached its longevity and needs to be replaced. Three (3) quotes were received. 1. Ponca Products Inc $35,688.00 2. Natural Structures $31,418.00 3. Waterloo Tent & Tarp $26,917.00 Waterloo Tent & Tarp submitted the lowest quote and continues to be the leading shade structure for the water park industry. FINANCIAL IMPLICATIONS: Page 98 of 264 Purchase from Waterloo Tent and Tarp $26,917.00 Fund Org Line Item Amount Amount Amount Description Budgeted Spent (2018) Remaining (2018) CTF 03 1300 Pirates Cove $76,211.36 $9,230.00 $66,981.36 Maintenance Fund ALTERNATIVES: There have been no other alternatives identified. CONCLUSION: Staff supports the replacement of the shade umbrellas. We recommend that Council approve the purchase of the umbrellas from Waterloo Tent and Tarp. ATTACHMENTS: Pirates Cove Umbrella Contract Summary Pirates Cove Umbrella Project - Waterloo Tent & Tarp Quote Pirates Cove Umbrella Project - Natural Structures Quote Pirates Cove Umbrella Project - Ponca Products Inc Quote Pirates Cove Umbrella Project - Memo Copy of CTF Fund Page from Budget Book Page 99 of 264 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Brad Anderson Phone: x2659 Title: Senior Recreation Supervisor - Aquatics Email: banderson@englewoodco.gov Vendor Contact Information Vendor Name: Waterloo Tent and Tarp Company, Inc. Vendor Contact: Vendor Address: 3105 Airport Blvd Vendor Phone:800-537-1193 City: Waterloo Vendor Email: State: Iowa Zip Code: 50703 Contract Type Contract Type :Contractural Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☐Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: End Date: Total Years of Term: Total Amount of Contract for term (or estimated amount if based on item pricing):$ 26,917.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: ☐Copy of original Contract if this is an amendment Umbrellas for public tables/chairs at Pirates Cove Page 100 of 264 Contract Approval Summary V10/25/2017 Page | 2 ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $ Line Item Description:Line Item Total Funding: $ Portion of Line Item spent to date: $ Funding Source:Fund:Division Code: Note (if needed):Program: Attachments: ☐Copy of budget page from current budget book if contract value $25,000 or over or requires Council approval. 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 Single source purchase: Waterloo Tent and Tarp has previously supplied the umbrellas for Pirates Cove. Purchasing the same style and color will ensure consistency in appearance. Their customer service, available discounts, industry reputation, and merchandise quality more than satisfy our requirements. Page 101 of 264 Waterloo Tent & Tarp Company, Inc.3105 Airport Blvd. Waterloo, Iowa 50703 Phone: 800-537-1193 Fax: 319-234-4670 Quotation Quotation #: 16107 Date:9/4/2018 Customer ID:PIR80120 Quantity Item List Price **Disc% Net Total List Total Tax Freight Net Total $25,880.00 $0.00 $2,331.00 $26,917.00 Discount $1,294.00 Quotation valid until: . Quotation Prepared By: Cheri Koth Comment(s)This quote does not include installation, or any applicable taxes. All freight estimates are subject to change. * - FOB Waterloo, Iowa unless otherwise directed. Discount Lifeguard Umbrella - complete unit Combination of solid Cherry Red, and solid Yellow tops 20’ Straight Bow Permabrella Tops 14’ Straight Bow Permabrella Tops 12’ Straight Bow Permabrella Tops All fabric to be Sunshade Mesh $350.00 $1480.00 $990.00 $790.00 5 5 5 5 $350.00 $370.00 $495.00 $79.00 $6650.00 $7030.00 $9405.00 $1501.00 Pirates Cove Family Aquatic Center 1225 West Belleview Englewood CO 80120 Brad Anderson Phone Fax Terms (303) 762-2659 (303) 762-2693 Net 30 Days- englewoodap@englewoodgo 20 5 10 2 email address banderson@englewoodgov.org Page 102 of 264 Bill To:Date:19-Nov-18 1225 W. Belleview Ave. Project:Umbrella Replacement Englewood, CO 80120 Ship To:80120 Contact:Brad Anderson Phone:303-762-2659 Site Contact: Fax:Site Phone: E mail:banderson@englewoodco.gov Customer PO# Est. Ship Date: 10 to 12 weeks from approved submittal Required Delivery Date: Qty Catalog #Price Each Price Total 20 $372.00 $7,440.00 5 $1,679.00 $8,395.00 10 $1,116.00 $11,160.00 2 $914.00 $1,828.00 Note: PLEASE NOTE: All products are shipped unassembled unless otherwise specified. Natural Structures is not responsible for obtaining Provincial and or Local permits. Sub-Total $28,823.00 Taxes by others unless specified. Delivery off loading by others - Forklift recommended Tax: N/A TERMS VISA/MasterCard Accepted "FREIGHT ON BOARD DELIVERED TO 80120 " Freight:$2,595.00 $10,472.67 1/3 Down O.A.C. For Orders Over $5000 (Balance due on receipt) Applicable Net 30 to Government Agencies with purchase order Total :$31,418.00 $864.69 3% Discount on order when CASH payment on Sub-Total made District Marketing Manager Client Date:Phone: REV.8.04.10 S.S. Replacement Umbrella Quotation/Order Form Quote Valid for 30 Days Description Lifeguard Umbrella - Complete Unit Chad Colton This Quote Excludes: Concrete, Footings, Electrical, Plumbing, Installation, Taxes, Brokerage fees, Permits - Local or Provincial City of Englewood Park & Rec 14' Straight Bow Permabrella Tops 12' Straight Bow Permabrella Tops NOTE THAT ALL LEAD TIMES ARE ESTIMATED AT TIME OF QUOTE AND SUBJECT TO CHANGE PO Box 270, Baker City, OR 97814 PH: 541-403-7328 Fax: 541-523-5052 Email: chad@naturalstructures.com www.naturalstructures.com 20' Straight Bow Permabrella Tops NATURAL STRUCTURES All Fabric to be Sunshade Mesh Authorized Signature: Chad Colton: Page 103 of 264 PONCA PRODUCTS, INC.KEN HAMLIN - SALES EXECUTIVE 913-649-3854 FAX 913-642-7021 TOLL FREE 800-984-1204 PROPOSAL/CONTRACT www.poncaproducts.com Quote Number 10241 Foster St. Overland Park, KS 66212 City of EnglewoodCustomer Name 1225 W Belleview AvenueCustomer Address EnglewoodCity,State, Zip CO 80120 303-762-2659Phone banderson@englewoodco.govFax Mr. Brad AndersonContact Name Theme ParkProject Name Englewood, ColoradoJob Location We propose to ship new complete covers for the 17 structures you indicated on your request for quote. (5) 20' Straight Bow Permabrella"s (Maroon) (10) 14" Straight Bow Permabrella's (Red) (2) 12" Straight Bow Permabrellas's (Yelllow) Pricing does not include installation PRODUCT DESCRIPTION 5-7 weeksApprox. Delivery ** Delivered RecoversProduct Commercial 95Fabric Maroon,Red,YellowFabric Color NABinding Color NAZip Strip Color Existing StructuresFrame PCFrame Finish 11/26/2018Proposal Date **DUE DATE IS SET WHEN SIGNED CONTRACT AND DEPOSIT IS RECEIVED. PERMITTING,ENGINEERING, FABRIC/COLOR CHOICE AND GRAPHIC APPROVAL BY CUSTOMER CAN ALSO DELAY DELIVERY DATE. Ponca Products, Inc, is hereinafter referred to as "Company"; Purchaser is hereinafter referred to as "Buyer". Company agrees to provide and buyer agrees to purchase the following product(s). If space is insuffiecient, a description of job details, rendering or plan shall be attached to and become a part of Sales Contact. The buyer accepts this contract and the following terms and conditions. a) This order is custom manufactured to specification above and set forth and supplied by Buyer. Cancellation of this order after material is purchased or fabric is cut requires payment in full by you. Such attempt to cancel an order must be made in writing. Buyer is responsible for any costs incurred by Company as a result of the cancellation of this contract. b) Unless specifically noted, this order will be fully processed and installation made in accordance with the Company's usual procedures. c) Performance by the Company shall be excused for any delay in erecton or delivery resulting from circumstances beyond Company's control including but not limited to adverse weather conditions, material shortages, strikes, city approval processes and requirements, etc., after acceptance of this contract. d) The fabric used in the construction of awnings is water repellent but not absolutely waterproof. e) Any changes or modifications ordered by the Buyer requiring additonal labor or material or any change or modifications resulting from conditions at the job site not foreseen by the Company and set forth is this order will result in additional charges to Buyer at Company's current rates. f) All work will be processed in the order in which it is received. g) When electrical work is involved in job, Buyer understand that Company is not responsible for electrical hookup or condition of existing fixtures. h) Terms and Conditons set forth on the second page; upon Buyer's request. i) Terms of Payment; 50% Deposit Required and Balance Due on Completion. Visa and Mastercard accepted . EXECUTED, ONE COPY OF WHICH WAS DELIVERED TO AND RECEIPT IS HEREBY ACKNOWLEDED BY BUYER. DATE AUTHORIZED SIGNATURE Price Tax $35,688.00Total Price Paid Balance"Buyer" MANUFACTURER OF FINE PRODUCTS SINCE 1902 Delivery Instructions Page 104 of 264 Memorandum TO: Dorothy Hargrove, Parks, Recreation and Library Director FROM:Brad Anderson, Facility/Program Supervisor DATE: October 4, 2018 RE: Single Source Pirates Cove Umbrella Replacement In the 2018 CTF budget, the Aquatics Division has earmarked funds for Maintenance Repairs for Pirates Cove. I would like to single source the replacement of the shade umbrellas to Waterloo Tent and Tarp. Waterloo is the original manufacture of the fabric and pole structure of the umbrella. Total cost of replacing the fabric tops with shipping is $26,917.00. The following points demonstrate the need for single sourcing. 1. Remaining with the original manufacture guarantees the proper sizing and fit to the current structures. 2. The fabric style and color will match the umbrellas that were replaced earlier this year. 3. Waterloo Tent and Tarp has been a reliable company for service and remains one of the top manufactures for waterpark shade umbrellas. BA Attachments (1) Page 105 of 264 m..... CONSERVATION TRUSTFUND PROIELT STATUSAND FUND BALANCEREPORT October 31.1016 A B C AOIOC D E DOE AOBOC-D-E New Fund BIL Budget Work!P??ett COINFwd.1016 Budget Amend REVISED 201!101!YGTAI APPROP. Project Yul:PROJECT End Date 12/31/2013 Appma.Amend Notes BUDGET EXPANDENC BALANCE 03 1300 (X11 ERC/Mallev?tness equipment replacement Ongoing 65,661.66 50,013.00 115,661.96 18,007.37 13,907.37 96,055.19 03 1300 003 ERCMaintenance/Improvements -75,|lN.00 75,000.00 19,931.31 19,931.31 55,067.63 03 1300 008 PC Furniture 34,111.09 34,111.09 16,190.15 16,190.15 17,910.04 03 1300 009 PC Maintenance Onlning 56,111.36 10,?1J.00 76,111.36 9,230.00 9,130.00 66,931.36 03 1300 010 Pirates Cave Expansion Fund On|oing 585,076.00 50,000.00 935,075.00 -935,073.00 03 1300 011 Belleview Park fJIi|dren's Train Ongoing 10,359.11 10,359.11 -10,359.11 03 1300 011 Belleview Park Farm Improvements 4,013.“)30,000.00 34,013.00 0,407.36 3,407.36 15,615.64 03 13W 014 Cultural Arts Commission PublicAn -10,000.00 10.?.00 -10,000.00 03 13W 101 ERC ?enavalion Planninj 70,IXXJ.00 70,000.00 20,770.90 10,770.90 49,219.10 03 1300 105 ERCPool Dllorinator ExBoiler 30,553.00 [30,553.D0)Close to F0 --- 03 1300 999 UP fnnlingencv Fund On'oin[155,711.76 75,000.00 130,712.76 5,594.93 5,584.93 125,127.33 YOTALE 1,311,711.29 310,000.00 130,553.00)1,591,150.19 96,923.13 -9l.913.13 1.l91.135.16 gggmgm;summuzvmcumzsnrmsrrr:lnzmu mna uu nn csi K.Engels,Finance Revenues: n.Hargrove,library Lottery Proceeds E.Keck,CMO Interest Income D.Lee,Recreation Total revenues 163,931.67 31J,IX)0.00 50,067.13 0.Lnn|,Public Worlu L Nimma,Public Works Expendilurex [horn above)98,913.13 1.Noian,Revenue a,pawn,cu Net income (loss)I$5,009,74 B.Spada,Recreation Fund Balance-1/1/1E 1,496,571.06 F Weller,Public Woyks Flux:Remaining Revenue Balance 50,067.13 pm:Remaining 2017 Revenue - less:Apnroprinlan Balance (1,491,135.16] Less:Pro]BalAd]for Negative Fund Balance unappmpnaled 119 £11.77 S 201!M.'I'|IAL 250,312.66 5 13,610.! IOII ES'I1MATE 300,000.00 l4,?.D0 49,657.34 Page 106 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: January 7, 2019 SUBJECT: Englewood Employee Association Bargaining Agreement updates DESCRIPTION: Englewood Employee Association Bargaining Agreement updates RECOMMENDATION: Staff recommends that Council approve by Motion the attached MOUs (Memorandum Of Understanding) clarifying (and limiting) some of the terms of the collective bargaining agreement between the Englewood Employee Association (EEA) and City of Englewood. These MOUs have been discussed and agreed to by city staff and the EEA. PREVIOUS COUNCIL ACTION: Council previously approved the agreement between EEA and the city on December 4, 2017. The contract runs from January 1, 2018 through December 31, 2019. SUMMARY: Three MOUs are presented for Council approval. Each of the proposed MOUs was based on issues brought forward by the EEA for consideration by the the city. Each clarifies a previously ambiguous issue and helps ensure that the agreement reflects the best the interests of the city and of the employees. 1. Clarification of Article 6 - Overtime Work Article 6 covers the compensation for overtime work for EEA employees. Under Article 6, when an employee is required to work overtime he or she is compensated at either one and one-half the normal pay rate during that pay period of can choose to take compensatory time off at the same computed rate to be used at a later date. This MOU sets an upward limit to the number of compensatory hours an employee may carry at any time. It does not otherwise effect overtime work. 2. Clarification of Article 17 – Holidays. Article 17 covers holiday pay for EEA employees. Under the current contract there is an ambiguity as to whether employees receive holiday pay for an official or calendar holiday (for instance, December 25) or a legal holiday (for instance, December 26, if Christmas is on a Sunday). Employees are paid two and half times their regular rate of pay for holiday work. Page 107 of 264 The intent of the MOU is to clarify that an employee will receive holiday pay for work on the official holiday (December 25), but not the legal holiday. Additionally, Article 17 allows for banking of time for hours worked on a holiday. This clarification limits the amount of time that can be banked to 40 hours per employee. Previously, there was no limit in the contract. 3. Clarification of Article 26 – Grievance Procedure Article 26 covers the grievance procedure for EEA employees. Under the current contract, there is a four step procedure for any grievance, involving first presenting the grievance to supervisor, then, if unresolved, to a department director, then, if unresolved, to the city manager and then, if unresolved, to an arbitrator. This procedure is appropriate for individually based grievances; however, on occasion, the EEA has a grievance that is general in nature and concerns a city or departmental-wide policy that the EEA believes is in violation of the agreement. The intent of the MOU is to allow for a general grievance to be presented directly to the city manager or the city attorney. As any general grievance would involve a city or department-wide policy, only the city manager would have authority to address the policy so this clarification would eliminate fruitless effort in steps one and two of the grievance procedure. ANALYSIS: FINANCIAL IMPLICATIONS: The MOU relating to compensatory time, in Articles 6 and 17, limits the amount of the city's obligation to pay compensatory time at a future date, thus reducing the city's overall liability. Limiting the amount of holiday-paid time that an employee can carry into future pay periods also limits the city's future liability. The MOU relating to grievance procedures has no financial impact. ALTERNATIVES: A decision by Council to reject these proposed MOUs would require that staff continue to discuss alternatives with the EEA. CONCLUSION: Because these negotiated requests appear to be reasonable and do not negatively affect the financial position of the city, staff recommends approval of each of the proposed MOUs. ATTACHMENTS: MOU Article 6 MOU Article 17 MOU Article 26 Page 108 of 264 ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The following is a ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The purpose of this MOU is to clarify perceived ambiguities in the collective bargaining agreement controlling the relationship between the parties for the period of January 1, 2018 – December 31, 2019, insure that the parties are in agreement going forward, and promote the continued productive working relationship between the parties. This MOU is based on mutual agreement after lengthy and complex discussions between representatives of the parties. The parties agree to the following interpretations of the Collective bargaining agreement, Article 6, Section B: A. The provisions of Section B refer to compensatory time off as an option for compensation for overtime work. The parties agree to the following provisions for compensatory time: a. An employee may carry a maximum of 56 hours of compensatory time. Any other overtime worked would be immediately paid out at the rate proscribed by Section B. b. On October 31, 2019, any employee who has over 40 hours of compensatory time would have those hours (over 40) paid out at the rate proscribed by Section B. B. The use and/or accumulation of compensatory time remains at the discretion of the department for which the employee works. ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). Page 109 of 264 ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The following is a ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The purpose of this MOU is to clarify perceived ambiguities in the collective bargaining agreement controlling the relationship between the parties for the period of January 1, 2018 – December 31, 2019, insure that the parties are in agreement going forward, and promote the continued productive working relationship between the parties. This MOU is based on mutual agreement after lengthy and complex discussions between representatives of the parties. The parties agree to the following interpretations of the Collective bargaining agreement, Article 17, section C: A. The provisions of Section C refer to employees scheduled to work on an “official City Holiday”. The parties agree that the term “official City Holiday” refers to the holidays listed under section A of Article 17 (January 1, for instance) and does not refer to the holidays mentioned under Article 17, Section D, holidays “observed as the legal holiday” which may fluctuate depending on what day of the week they fall. B. The parties further agree that, under the provisions of Article 17, Section C, 2, i, the maximum amount of time that can be banked is 40 hours, and any additional time worked under Section C would have to be paid out under the terms of Section C, 2, ii. C. The use and/or accumulation of banked time remains at the discretion of the department for which the employee works. Page 110 of 264 ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The following is a ‘Memorandum of Understanding’ (“MOU”) between the City of Englewood (“COE”) and the Englewood Employees Association (“EEA”). The purpose of this MOU is to clarify perceived ambiguities in the collective bargaining agreement controlling the relationship between the parties for the period of January 1, 2018 – December 31, 2019, insure that the parties are in agreement going forward, and promote the continued productive working relationship between the parties. This MOU is based on mutual agreement after lengthy and complex discussions between representatives of the parties. The parties agree to the following changes to the Collective bargaining agreement, Article 26. At current, the second sentence of the second paragraph reads, “(a) general grievance can only be filed by the Association within the time frame specified in Step 1, and the initial review will occur by the department director at Step 2 below.” The parties wish to change that sentence to “(a) general grievance may be filed under the provisions of Step 3, or by presentation by any Association member/representative to the Englewood City Attorney’s Office.” Page 111 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dorothy Hargrove DEPARTMENT: City Manager's Office DATE: January 7, 2019 SUBJECT: In-Kind Aid Approval DESCRIPTION: In-Kind Aid Approval RECOMMENDATION: Staff recommends the City Council approve the Resolution indicating the designation of in-kind aid to those non-profit organizations selected by the City Council at the December 3, 2018 Study Session. PREVIOUS COUNCIL ACTION: City Council discussed in-kind aid to non-profit organizations for the year 2019 at the Study Session held on December 3, 2018. Council determined that it can provide in-kind aid to the non-profit organizations listed below. AGENCY IN-KIND AID Englewood Historic Preservation Printing, Use of Public Notice Posting Boards, Meeting and Office Space Englewood High School's Englewood Banner Installation, Advertising Space and Office Space Veterans Memorial Day Special Olympics Program Use of the Englewood Recreation Center ATTACHMENTS: Resolution Page 112 of 264 RESOLUTION NO. ____ SERIES OF 2019 A RESOLUTION SPECIFYING IN-KIND AID TO THE ENGLEWOOD MEMORIAL DAY EVENT HELD BY THE ENGLEWOOD HIGH SCHOOL, THE ENGLEWOOD HISTORICAL SOCIETY, AND SPECIAL OLYMPICS PROGRAM IN 2019 BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, City Council of the City of Englewood, Colorado discussed in-kind aid to non-profit organizations for the year 2019 at the Study Session held on December 3, 2018; and WHEREAS, Council determined at the December 3, 2018 Study Session that it can provide in-kind aid to the non-profit organizations listed below. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The following in-kind aid is hereby made to the following organizations in 2019 by the City of Englewood, Colorado; DESIGNATIONS FOR USE: AGENCY IN_KIND AID ______ Englewood Historic Preservation Printing, Use of Public Notice Posting Boards, Meeting and Office Space Englewood High School’s Englewood Veterans Memorial Day Banner Installation, Advertising Space and Office Space Special Olympics Program Use of the Englewood Recreation Center _________________________________________________________ ADOPTED AND APPROVED this 7th day of January, 2019. 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 2019. ______________________________ Stephanie Carlile, City Clerk Page 113 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: January 7, 2019 SUBJECT: Resolution - Designation of the Official Posting Place for Legal Notices DESCRIPTION: Resolution - Designation of the Official Posting Place for Legal Notices RECOMMENDATION: Staff recommends Council approve a Resolution designating the bulletin board on the north side of the second floor of Englewood Civic Center as the official posting place for all legal notices of the City of Englewood for 2019. PREVIOUS COUNCIL ACTION: On January 2, 2018 City Council designated the bulletin board on the north side of the second floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City of Englewood for 2018. SUMMARY: Colorado Revised Statutes, § 24-6-402(2)(c) provides that “In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting.” The Open Meetings Law, State Statute §24-6-402(2)(c) requires that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. In addition to the Bulletin Board, legal notices will be posted to the City of Englewood's website, all in conformance with C.R.S. § 24-6-402(2)(c). FINANCIAL IMPLICATIONS: None ATTACHMENTS: Resolution Page 114 of 264 RESOLUTION NO. SERIES OF 2019 A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2019. WHEREAS, Colorado Revised Statutes, § 24-6-402(2)(c) provides that “In addition to any other means of full and timely notice, a local public body shall be deemed to have given full and timely notice if the notice of the meeting is posted in a designated public place within the boundaries of the local public body no less than twenty-four hours prior to the holding of the meeting.” WHEREAS, C.R.S. § 24-6-402(2)(c) also provides that the public place or places for posting legal notices shall be designated annually at the local public body’s first regular meeting of each calendar year. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The official posting place for all legal notices of the City of Englewood for the year 2018, shall be the Bulletin Board on the north side of the second floor of the Englewood Civic Center, with all posts designated by the heading “OFFICIAL CITY NOTICE.” Additionally, legal notices will be posted to the City of Englewood’s website, all in conformance with C.R.S. § 24-6- 402(2)(c). Section 2. This Resolution does not in any way of itself create a requirement for notice. ADOPTED AND APPROVED this 7th day of January, 2019. ATTEST: Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. , Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 115 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: January 7, 2019 SUBJECT: CB 2 - Amended Accessory Dwelling Unit (ADU) Ordinance Second Reading DESCRIPTION: CB 2 - Amended Accessory Dwelling Unit (ADU) Ordinance Second Reading RECOMMENDATION: Community Development Staff recommends an affirmative vote on the Council amended Planning and Zoning Commission Recommended ADU Ordinance with City Attorney Enforcement Revisions. The City Attorney’s Office has amended the original Planning and Zoning Commission’s Recommended ADU Ordinance to reflect the Council amendments which were approved on December 17, 2018. Because amendments were made to the Council Bill on December 17, 2018, this Bill for an Ordinance is being presented for second reading. PREVIOUS COUNCIL ACTION: Council was given a project status briefing on ADU’s at the October 10, 2016 Council study session. Council was briefed on the June 13, 2017 ADU Open House and was presented with the proposed ADU zoning text amendments at the September 18, 2017 Council study session. A second ADU Open House was requested by Council and held on November 14, 2017. Council was briefed on the second ADU Open House at the February 5, 2018 Council study session. Council held an ADU Town Hall Meeting on May 24, 2018. Council was briefed on various zoning district options for ADU’s at the May 29, 2018 Council study session. Council requested additional information regarding how the ADU owner occupancy requirements would be enforced, before moving forward with consideration of the Planning and Zoning Commission Recommended ADU Ordinance. Community Development staff addressed Council’s requests for additional information and presented Council with a revised ordinance that incorporates the City Attorney’s Recommended Enforcement Revisions at the September 4, 2018 City Council study session. Council held a public hearing on the recommended ADU ordinance at the October 1, 2018 regular City Council meeting. Council elected to table the recommended ADU ordinance on First Reading at the October 15, 2018 regular Council meeting, rescheduling the First Reading vote for November 19, 2018. At First Reading, City Council approved the following amendments to the Planning and Zoning Commission Recommended ADU Ordinance with City Attorney Enforcement Revisions: Amend Section 2, paragraph 7, letter g, through the addition of line 5, reading as follows: Corporation and for profit Business Partnership prohibitions. Corporations and for profit business partnerships are prohibited from constructing Accessory Dwelling Units on corporate Page 116 of 264 or business partnership owned properties. Corporations and business partnerships are prohibited from separately renting a pre-existing Accessory Dwelling Unit structure constructed after 2018 to a separate party as a separate unit from the principal structure. Amend Section 1, paragraph C, Table 16-5-1.1 "Table of Allowed Uses", Accessory Uses section, Household Living, Accessory Dwelling Unit, striking the letter "A" from the R-2-B, R-2-A, and R-1-C columns. The amended ADU ordinance was placed on the December 17, 2018 regular City Council meeting agenda under Approval of Ordinances on Second Reading. At Second Reading of CB 2 an amendment was made to reinclude the R-2-B, R-2-A, and R-1-C zone districts. A second amendment was approved establishing a a six-month moratorium within that portion of the MU- R-3-B zone district covered by the Neighborhood Preservation Overlay (NPO). At second reading of CB 2 on January 7, 2019 the amended Ordinance includes permitting ADU's within the R-2-B, R-2-A, R-1-C, MU-R-3-B and MU-R-3-A zone districts with a six month moratorium on permits for ADU's within the NPO area of the MU-R-3-B zone district established within Ordinance 26-2012. Please note that the NPO does not cover the entire MU-R-3-B zone district, only a portion thereof and is not located in any other base zone district. SUMMARY: Accessory Dwelling Units, known as ADU’s, are small secondary residential structures located behind a primary house or on top of a garage. ADU’s were historically built in Englewood during the 1920’s, 30’s, and 40’s in response to housing shortages. There are over 180 existing ADU’s scattered throughout the older portions of the City of Englewood. ADU’s began falling out of favor in the United States in the 1950’s as the post war suburbs developed to meet housing needs. Englewood, like communities all across the country, began removing ADU’s from the zoning code at this time. ADU’s have slowly made a comeback since the 1990’s, particularly in the northwestern United States, in response to tight and expensive housing markets. The City of Denver, as well as a number of Denver suburbs, has reinstated ADU’s as allowed uses in certain zone districts. Many cities allow ADU’s in established neighborhoods as a way to provide additional value to property owners, increase housing options, and provide infill development opportunities without additional public infrastructure costs. These small residential units are used to provide additional living space for a guest or relative, or are sometimes rented for additional income. Amending the code to allow these smaller residential units on the same property as a single family home can provide additional housing options and promote investment in the City. The City of Englewood Comprehensive Plan has included a housing objective in support of adopting an ADU Ordinance since 2003. In recent years, Englewood citizens have increasingly inquired about the possibility of constructing ADU’s. The Englewood Planning and Zoning Commission elected to place ADU’s on the Commission’s work program in 2014. The Commission was able to form a complete preliminary ADU recommendat ion that was then presented to the community through two open house meetings. Using feedback from the open house meetings, the Planning and Zoning Commission formulated a final ADU Ordinance recommendation. The Planning and Zoning Commission held a public hearing on the proposed ADU Ordinance at the September 6, 2017 Planning and Zoning Commission meeting. The Page 117 of 264 Planning and Zoning Commission voted to recommend adoption of the Recommended ADU Ordinance by City Council. ANALYSIS: The Englewood Planning and Zoning Commission began preliminary work on ADU’s began in 2015 with seven study sessions. ADU’s were then put on hold in favor of Englewood Forward plans and development cases. ADU study sessions (six) resumed in the fall of 2016. An open house community meeting (Back to the Future: Accessory Dwelling Units) was held on June 13, 2017, featuring ten informational stations, and a corresponding survey. Fifty-one surveys were collected and analyzed by the Commission on July 18, 2017, with minor adjustments made to the ADU final proposals. A detailed summary of the Englewood Planning and Zoning Commission’s recommended ADU regulatory amendments is provided here for the benefit of Council members: Five Officially Declared Purposes of ADU’s 1. Provide options for varied and flexible lifestyle arrangements; 2. Provide options for alternative building structures/living space; 3. Provide potential supplemental source of income; 4. Increase property values and encourage higher levels of property maintenance; 5. Provide options for building structure/living space expansion while simultaneously encouraging preservation of existing structures. ADU Format ADU’s can take many different forms. The proposed code amendment includes the following ADU formats: • Garden Cottage – a free standing structure located in the rear yard • Carriage House - above or attached to a detached garage ADU Eligibility Types and sizes of lots eligible for specific types of ADU’s include the following: One Unit Detached Dwelling Standard Lot (50 Foot Minimum Width) • Garden Cottage (1 Unit) or Carriage House (1 Unit) One Unit Detached Dwelling Small Lot (40 Foot Minimum Width) • Carriage House (1 Unit) ADU Creation Page 118 of 264 ADU’s may be created in three different ways: • New construction • Conversion of a qualifying alley house located in the rear yard to a Garden Cottage while simultaneously constructing a new principal dwelling in the front yard. ADU Occupancy Requirements 1. The owner of record with a fifty-one percent (50%) minimum ownership interest in the property must occupy either the Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal permanent address as demonstrated by voter and vehicle registration. 2. Owner shall verify on an annual basis that the owner continues to occupy either the Principal Dwelling Unit or the Accessory Dwelling Unit (ADU) as their legal permanent address through the City’s Annual Conforming ADU Registered Use Mailing. 3. Owner must reside on the property for a minimum of nine (9) months of the year. The owner may not rent the owner’s legal residence without applying for a leave of absence. 4. If owned by a corporation or similar entity, the property must be occupied by a person authorized to bind such entity in real estate matters. 5. Corporation and for profit Business Partnership prohibitions.Corporations and for profit business partnerships are prohibited from constructing accessory dwelling units on corporate or business partnership owned properties.Corporations and business partnerships are prohibited from separately renting a pre-existing accessory dwelling unit structure constructed after 2018 to a separate party as a separate unit from the principal structure. As amended by Council at First Reading ADU Leave of Absence Requirements Owners may apply to the City for an extended Leave of Absence due to the following situations: • Temporary job assignments • Military deployments • Educational and research sabbaticals • Formal voluntary service for a humanitarian organization • Religious missionary service • Long term hospital, nursing home, and assisted living facility stays due to adverse medical conditions 1. Owner must reside on the subject property for at least one year after construction of the Accessory Dwelling Unit (ADU) before applying to the City for a Leave of Absence. Page 119 of 264 2. Owner may apply for a City-approved Leave of Absence of up to one year, and which may be reapplied for dependent on a clean record with no code violations. 3. During approved Leave of Absence, owner may rent both the Principal Dwelling Unit and the Accessory Dwelling Unit at the same time. ADU Design Requirements 1. An ADU shall not exceed 650 square feet of gross floor area. 2. Exterior stairs for access to an upper level accessory suite shall not be located on the side of the accessory structure parallel to the nearest side lot line. 3. An ADU shall neot exceed a mximum height of 26 feet. 4. The lot coverage for a garden cottage ADU shall be counted toward the maximum allowed lot coverage. 5. ADU placement is restricted to the rear 35% of the lot. 6. ADU must conform to all existing accessory structure setbacks.\ 7. A maximum bulk plane height of 12 feet will be established at side property lines. 8. One off-street parking space shall be provided for each ADU. 9. ADU must connect to principal dwelling unit water and sewer lines. Separate lines are not allowed. 10. ADU's may not be subdivided or sold separately. ADU Allowed Zoning Districts ADU’s will be allowed in the following zone districts: • MU-R-3-B: Mixed Use Medium to High Density Residential and Limited Office • MU-R-3-A: Mixed Use Low Density Residential and Limited Office • R-2-B: Medium Density Single and Multi Dwelling Unit Residential • R-2-A: Low Density Single and Multi Dwelling Unit Residential • R-1-C: Single Unit Residential A moratorium will be placed on permitting ADU's within the Neighborhood Preservation Overlay (NPO) area for six months. Please note that the NPO exists only within a portion of the MU -R- 3-B base zone district and not within any other zone district. As amended by Council at Second Reading Conformance with Englewood Forward Goals and Objectives Page 120 of 264 The ADU code amendment is in conformance with goals and objectives found in Englewood Forward: The 2016 Englewood Comprehensive Plan. Goal Live-1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. Obj. Live-1.1: Allow for housing that meets the needs of all income groups, including appropriate type and location of housing. Obj. Live-1.2: Allow for housing investments that improve the housing mix and serve different life cycle stages and groups with special needs in appropriate locations, including both smaller and larger unit sizes and a wider range of housing types, including single-family, duplex, townhome, condominium, multi-family, and accessory dwelling units. (Emphasis added) FINANCIAL IMPLICATIONS: There are no significant financial impacts to the City associated with the adoption of the ADU Ordinance. Local street and utility infrastructure are already in place. Utilities have been designed to accommodate a population of 60,000, based on population projections at the time of the adoption of the City of Englewood, Colorado: Comprehensive Investigation of the Municipal Water System (1975). This document served as the blueprint for the planning and development of the City’s modern water system. The City’s water treatment plant has a capacity of 28 million gallons per day, while the current maximum usage is 12 million gallons per day. The wastewater treatment plant has a capacity of 50 million gallons per day, while the current maximum usage is 23 million gallons per day. The water and wastewater figures were provided by Tom Brennan, Director of Utilities. Mr. Brennan confirmed that new ADU development will not have a significant impact on the water and wastewater delivery systems. Page 121 of 264 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 2 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT CODE, TITLE 16, CHAPTERS 5 AND 6, REGARDING ALTERNATIVE DWELLING UNITS, INCLUDING A TEMPORARY MORATORIUM, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Alternative Dwelling Units (ADU’s) were primarily built in Englewood during the 1920’s, 1930’s and 1940’s, with fewer ADU’s built after the 1950’s due to expanded development of suburban areas within the City; WHEREAS, More than 180 ADU’s currently exist within the City of Englewood; WHEREAS, ADU’s have experienced a resurgence in popularity in the Denver metropolitan area in recent years in response to a tight and increasingly expensive housing market; WHEREAS, ADU’s are an economical and practical housing option for young families, couples, “empty nesters”, singles, guests, and older adults who need to live close to their children while maintaining some autonomy; WHEREAS, ADUs increase housing stock within the City which adds value to established neighborhoods, increase the value of properties upon which an ADU is located, increase housing options within the City, and increase infill development opportunities without requiring additional infrastructure costs; WHEREAS, ADU’s provide housing to allow for the addition of new residents who then support local businesses, provide young families and singles an introductory living experience to the overall community, and provide incentive for established residents to remain within the community when they are ready to upgrade their property or move to a larger residence; WHEREAS, The Planning and Zoning Commission studied the issues and impacts of ADU’s from 2015 through 2017 by holding study sessions to discuss where ADU’s should be allowed, drafting regulations governing the use and construction of ADU’s, and gathering citizen input concerning ADU’s; WHEREAS, The Planning and Zoning Commission developed recommendations to allow ADU’s to be permitted in specifically identified zoning districts, and developed regulations governing ADU’s to protect property values and ensure ADU’s were not being used for speculative purposes; and WHEREAS, On August 22, 2017, the Planning and Zoning Commission held a public hearing regarding proposed changes to the Unified Development Code relating to ADU’s within the City, and following the public hearing voted to recommend those code changes to the City Council. Page 122 of 264 2 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 amending Title 16, Chapter 5, Section 1, Subsection C, Table 16-5-1.1 “Table of Allowed Uses”, of the Englewood Municipal Code 2000 as follows: [INSERT TABLE 16-5-1.1 TABLE OF ALLOWED USES] Page 123 of 264 3 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 RESIDENTIAL USES Group Living Group living facility, large/special C C C C C P P 16-5-2.A.1 Group living facility, small P P P P P P P P P P P P P 16-5-2.A.1 Small treatment center C C C C C P P 16-5-2.A.1 Household Living Live/work dwelling P P P P L L 16-5-2.A.2 Manufactured home park P 16-5-2.A.3 Multi-unit dwelling P P P P P P P P P P 16-5-2.A.4 16-6-1.C.4 One-unit dwelling P P P P P P P P P P 16-5-2.A.5 16-5-2.A.6 One-unit dwelling on a small lot P P P P P P P P P P 16-5-2.A.6 Boarding or rooming house C C C C C C C 16-5-2.A.7 PUBLIC/INSTITUTIONAL USES Animal Shelter Not-for-profit animal shelter P P Emergency Temporary Shelter Housing shelter, food shelter C C Government and City All other buildings and facilities not specified under the public/ institutional uses category P P P P P P P P P P P P P P P Library Public P P P P P Museum/Cultural All uses P P P P P P P Park and Open Space Athletic field C C C C C C C C C P P Community garden C C C C C C C C C C C Park P P P P P P P P P P P P P P P Religious Assembly Religious institutions and associ- ated accessory uses P P P P P P P P P P L L L L L School Education institution P P P P P P P P P P P P C Telecommunication Facility (See Chapter 16-7, "Telecommuni- cations," for applicable use-re- lated guidelines and standards) Alternative tower structure P P P P P P P P P P P P P P P Antenna (microwave antenna, sectorized panel antenna, whip antenna) P P P P P P P P P P P P P P P Tower structure C C C C C C C C C C C C C P P Transportation Facility RTD maintenance facility P P Transit center P Utility Facility (not including Telecommunication Facility) Major utility facility P P 16-5-2.B.1 Minor utility facility (as a princi- pal use of land) C C C C C C C C C C C C C C C COMMERCIAL USES Adult Use All types as defined in Chapter 16-11 P P 16-5-2.C.1 Agricultural Use Greenhouse/ nursery, raising of plants, flowers, or nursery stock P P 16-5-2.C.2 Animal Sales and Service Animal shelter P P Kennel/day care L P P Pet store (live animal sale) P P P P P P Small animal veterinary hospital or clinic L L P C P P Page 124 of 264 4 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 Assembly Assembly hall or auditorium, hall rental for meetings or social occa- sions P P P C P P Membership organization (ex- cluding adult use) P P P C P P Dependent Care Dependent care center (less than 24-hour care, any age) C C C C C P P P P P P P C 16-5-2.C.7 Entertainment/Amusement: Indoor Amusement establishment C C C C C C Hookah lounge P P P P P Physical fitness center/spa P P P P P P Theater and performance/concert venue, not including adult enter- tainment P P P P P Entertainment/ Amusement: Out- door General outdoor recreation C C C Financial Institution Check cashing facility P P P P Financial institution, with drive- through service L P P Financial institution, without drive-through service P P P P P P Food and Beverage Service Brew Pub P P P P P P Caterer P P P P Restaurant, bar, tavern with or without outdoor operations P P P P P P Restaurant, with drive-through service L P P Sales Room (associated with Brewery, Distillery or Winery) C C C C C Take out and delivery only P P P Medical/Scientific Service Clinic P P P P P P P P P Hospital P P P P P P Laboratory (dental, medical or optical) P P P P P P P P P P Medical Marijuana Medical marijuana center P P P P P 16-5-2.C.13 16-5-4.C.1.f Medical marijuana optional premises cultivation operation A A A P P 16-5-2.C.13 16-5-4.C.1.f Medical marijuana infused prod- ucts manufacturer A A A P P 16-5-2.C.13 16-5-4.C.1.f Office Office, type 1 (general) P P P P P P P P P Office, type 2 (limited) P P P P P P P P P P 16-5-2.C.8 Retail Sales and Service (Personal Service) Crematorium C Dry cleaner, drop-off site only P P P P P P Instructional service P P P P P Massage therapy P P P P P P P P Mortuary P P Personal care P P P P P P Service: photography studio and photo lab, upholstery, printer, locksmith, tailor P P P P P P Tattoo and body-piercing estab- lishment P P Temporary employment business C C 16-5-2.C.11 Page 125 of 264 5 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 Retail Sales and Service (Repair and Rental) Equipment rental L P P Repair shop (not including auto) P P P P P P Retail Sales and Service (Sales) Antique store P P P P P P Art gallery P P P P P P Auction house P P P Buy-back, second-hand, thrift, consignment stores, large P P P P Buy-back, second-hand, thrift, consignment stores, small P P P P P Convenience store P P P P P Grocery/specialty food store P P P P P P Internet sales location P P P P Liquor store P P P P P P Pawnbroker P P 16-5-2.C.10 Retail sales, general merchandise P P P P/C P P For TSA, P if ≤ 20,000 sq. ft., C if > 20,000 sq. ft. of gross leasable floor area School Trade or business school P P P C P P 16-5-2.C.12 Studio Radio/television broadcasting stu- dio, recording/film studio P P P P Vehicle and Equipment Automobile pawnbroker P P P 16-5-2.C.10 Automotive sales, rental L P P 16-5-2.C.3 Automotive service and repair, including body or fender work P P 16-5-2.C.4 Automotive service and repair, not including body or fender work L P P 16-5-2.C.4 Automotive service station (gaso- line facility) L P P 16-5-2.C.5 Car wash, auto detailing L L L 16-5-2.C.6 16-5-2.C.4 Commercial storage of operable vehicles P P 16-5-2.C.3 Fuel dispensing L P P Parking facility, structure (opera- ble vehicles), principal use C C C C L L C P P 16-5-2.C.3 16-5-2.C.9 Parking area, surface (operable vehicles), principal use C C C C L L C P P 16-5-2.C.9 16-5-2.C.3 Recreational vehicles and boats, sales or rental L P P Visitor Accommodation Bed and breakfast P P P Hotel P P P P P Hotel, extended stay P P P Wholesale Sales and distribution P P Page 126 of 264 6 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 MANUFACTURING/INDUSTRIAL USES Industrial Service Industrial service, light C P P 16-5-2.D.3 (TSA only) Industrial service, heavy P Manufacturing, Including Processing, Fabrication, or Assembly Brewery C C C P P 16-5-2.C.14 Distillery C C C P P 16-5-2.C.14 Winery C C C P P 16-5-2.C.14 Manufacturing, light C P P 16-5-2.D.4 (TSA only) Manufacturing, heavy P Warehouse/Storage Fuel storage (principal use) L Mini-storage facility P P Moving and storage P P Outdoor storage P P 16-6-7.G Storage yard for vehicles, equip- ment, material, and/or supplies P P 16-5-2.D.6 Warehousing and/or storage P P Waste/Salvage Automobile wrecking/ salvage yard C P 16-5-2.D.1 Commercial incinerator C Hazardous waste handling C C 16-5-2.D.2 Recycling operation, all process- ing occurs within enclosed struc- ture P P 16-5-2.D.5 Recycling operation, some or all processing occurs outside an en- closed structure C C 16-5-2.D.5 Sanitary service C Waste transfer station (not in- cluding hazardous waste) C C ACCESSORY USES - See Section 16-5-4 for additional regulations Household Living (Accessory to Principal One-Unit Detached Dwelling Uses Only) Accessory Dwelling Unit A A A A A* Home Care Accessory Uses (Accessory to Principal One-Unit Dwelling Uses Only) Adult dependent care C-A A A A A A A A A A Family child care home C-A A A A A A A A A A Infant/toddler home C-A A A A A A A A A A Large child care home L-A L-A L-A L-A Other Accessory Uses Caretaker's quarter A A A A A A Dormitory A A A Home occupation A A A A A A A A A A 16-5-4.C.1 Minor utility facility (as acces- sory use of land) L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A L-A 16-5-2.B.1 Parking area (surface) A A A A A A A A A A A 16-5-4.C.2 Parking garage (structure) A A A Satellite dish antenna A A A A A A A A A A A A A A A 16-5-4.C.3 Page 127 of 264 7 TABLE 16-5-1.1: TABLE OF ALLOWED USES P = PERMITTED USE C = CONDITIONAL USE A = ACCESSORY USE T= TEMPORARY USE L= LIMITED USE C-A = ACCESSORY USE APPROVED CONDITIONALLY L-A = ACCESSORY USE APPROVED WITH LIMITED USE PROCEDURE Use Category Use Type Residential Non-Residential Additional Regulations R 1 A R 1 B R 1 C R 2 A R 2 B MUR 3 A MUR 3 B MUR 3 C M 1 M 2 — MO 2 M U B 1 M U B 2 T S A I 1 I 2 TEMPORARY USES - See Section 16-5-5 for additional regulations Car wash T T T T T T T T T T T T T T T Expansion or replacement of ex- isting facilities T T T T T T T T T T T T T T Farmers market T T T T T T Food vendor carts T T T T T T T Mobile storage (with or without building permit) T T T T T T T T T T T T T T T Real estate sales or leasing office (also model homes) T T T T T T T T T T T T T T T Outdoor sales (e.g., tent sales, parking lot sales, seasonal sales, windshield repair, sales from re- tail vendor carts, etc.) T T T T T T Special event (e.g., carnival, ba- zaar, fair) T T T T T T T T T T T T T T T Tents, canopies T T T T T T T T T T T T T T T USES NOT MENTIONED See 16-5-1.B for procedures and criteria for approving unlisted uses, including unlisted accessory and temporary uses. *Moratorium imposed on approving applications, including issuing building permits, for Accessory Dwelling Units to be located within that portion of the MUR3B zoning district defined as a NPO within Ord. 26-2012. Term of Moratorium is six months following effective date of Ordinance (CB 2, 2018). (Ord. 04-5; Ord. 05-25; Ord. 08-13, § 1; Ord. 08-37, § 3; Ord. 08-55, § 1; Ord. 08-48, § 11; Ord. 09-4, § 1; Ord. 09-28, § 4; Ord. 10-20, § 1; Ord. 11-27, § 1; Ord. 23-12, § 4; Ord. 7-13, § 4; Ord. 45-13, § 1) Page 128 of 264 8 Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 5, Section 4, “Accessory Uses” Subsection C, by adding a new Paragraph 7, all within the Englewood Municipal Code 2000, such paragraph 7 to be written as follows: 7 Accessory Dwelling Units a. Purpose. Accessory Dwelling Units (ADUs) are allowed in certain situations to: (1) Provide flexibility for changing family situations; (2) Provide alternative types of living space; (3) Provide a supplemental source of income and assist with housing expenses; (4) Provide opportunities to increase property value; (5) Preserve neighborhood character. b. Definition. An Accessory Dwelling Unit (ADU) is a smaller, secondary residential dwelling unit on the same lot as a principal one-unit dwelling. ADUs are independently habitable and provide the basic requirements of living, sleeping, cooking, and sanitation. Two (2) types of ADUs are permitted within the City: (1) Garden Cottages are detached residential structures on the same lot as a principal detached one-unit dwelling. (2) Carriage Houses are dwelling units above or attached to a detached garage or other permitted detached accessory structure, on the same lot as a principal detached one-unit dwelling. c. Eligibility. Garden Cottages and Carriage Houses may be developed on One-unit Detached Dwelling standard lots. Carriage Houses may be developed on One-unit Detached Dwelling standard lots and One-unit detached small lots. ADU’s are not permitted on any property with existing attached dwelling units (duplex, townhouse, etc.). d. Number. One (1) Accessory Dwelling Unit (ADU) is permitted per detached one-unit dwelling lot. e. Creation. An Accessory Dwelling Unit (ADU) may be created through new construction, or conversion of a qualifying existing house to a garden cottage while simultaneously constructing a new principal dwelling on the site. f. Approval. Applications for Accessory Dwelling Units (ADU’s) shall meet the following criteria: (1) The applicant must demonstrate the ADU complies with all applicable development and design standards of this Title. Page 129 of 264 9 (2) The applicant must demonstrate the proposed design complies with applicable building and fire safety codes. (3) Approval of application is dependent on City inspection of existing primary structure. All primary structure deficiencies and code violations documented in the City’s pre-ADU permit inspection form must be brought into full compliance with City housing and building code standards for ADU properties. (4) The applicant must provide a signed and notarized deed restriction in a form provided by the City. The deed restriction will be recorded as a legal document with the Arapahoe County Clerk and Recorder, and will serve as a permanent restriction upon the use and occupancy of both the primary structure and the ADU. (5) A temporary moratorium on the approval of applications for ADU’s, and any associated building permits, to be located within that portion of the MUR3B zoning district described in Ordinance 26-2012 pertaining to the establishment of a neighborhood preservation overlay zone district, is imposed to provide for additional time to review and determine the specific issues associated with allowing ADU’s within Neighborhood Preservation Overlay Districts. See §16-3-1 et seq. referencing restrictions upon Overlay Districts, including the provision that in the event of an express conflict between the standards governing a base district and those governing an overlay district, the standards governing the overlay district shall control. The temporary moratorium shall extend for six months following the effective date of this Ordinance. g. Occupancy and Use. Occupancy and use standards for an Accessory Dwelling Unit (ADU) shall be the same as those applicable to a principal dwelling on the same lot. An ADU shall be considered a separate and distinct dwelling from the principal dwelling on the property for the purposes of defining a “household” as determined by this code. The applicant agrees to provide annual documentation of compliance with the following regulations in order to continue the active rental use of one structure located on the subject property: (1) Occupancy. An individual holding an ownership interest of fifty percent (50%) in the Principal Dwelling Unit must occupy either the Principal Dwelling Unit or the ADU as their legal permanent address as demonstrated by two forms of proof of residency: A. Vehicle Registration, Motor Vehicle License, or Voter Registration; and B. Credit Card Statement, Mortgage Bill, or Property Tax Statement. (2) Annual verification of occupancy. Owner shall verify on an annual basis that the owner continues to occupy either the Principal Dwelling Unit or the ADU as their legal permanent address through the City’s Annual Conforming ADU Registered Use Mailing. Until an updated verification is filed with the City, all Page 130 of 264 10 notices of compliance or violation shall be properly mailed to, or served upon, the owner who signed the verification at the verified legal permanent address. (3) Legally responsible agent. If the primary dwelling is owned by a corporation, trust, or other entity, an individual may complete and sign the annual verification described in (g)(2) above, thereby assuming all legal responsibility and liability for the property, and for assuring that all of the property remains in compliance with the City’s codes. Additionally, both the legal entity and the individual must sign a notarized document providing that the occupant of the property is an individual authorized to bind such entity in real estate matters. (4) Limitation on rental. To maintain the nature of a One-unit Detached Dwelling standard lot the verified occupant (owner or legally responsible agent) may not rent that dwelling unit identified as such individual’s permanent residence within the annual verification described in (g)(2) above. (5) Corporation and Corporations and For Profit Business Partnerships are prohibited from constructing accessory dwelling units on corporate or business partnership owned properties. Corporations and business partnerships are prohibited from separately renting a pre-existing accessory dwelling unit structure constructed after 2018 to a separate party as a separate unit from the principal structure. h. Leave of Absence. Accessory Dwelling Unit (ADU) Owners may apply to the City for an extended Leave of Absence due to the following situations: • Temporary job assignments • Military deployments • Educational and research sabbaticals • Formal voluntary service for a humanitarian organization • Religious missionary service • Long term hospital, nursing home, and assisted living facility stays due to adverse medical conditions (1) Owner must reside on the subject property for at least one year after construction of the ADU before applying to the City for a Leave of Absence. (2) Owner may apply for a City-approved Leave of Absence of up to one year. Owner must reapply for an additional year, with a maximum absence of two (2) years, dependent on a clean record with no code violations or nuisance or criminal activity. Owners called away on overseas military tours of duty may be granted additional years, dependent on a clean record with no code violations or nuisance or criminal activity. (3) During approved Leave of Absence, owner may rent both the Principal Dwelling Unit and the ADU at the same time. Page 131 of 264 11 i. Design. It is intended that the design of Accessory Dwelling Units (ADU’s) be compatible with the design and quality of the principal structure on the lot. Elements of design include, but are not limited to, building material (wood siding, brick, stucco, etc.), color, window treatments, roof pitch, etc. Design standards for ADU’s are stated in this section. If not addressed in this section, base district zone development standards shall apply. (1) Size. An ADU shall not exceed six hundred fifty (650) square feet of gross floor area or the size of the principal dwelling, whichever is less. The City Manager or designee may approve Administrative Adjustments as permitted within Section 16-2-17 of this code. (2) Exterior stairs. Exterior stairs for access to an upper level accessory suite shall not be located on the side of the accessory structure parallel to the nearest side lot line. (3) Height. The maximum height allowed for an ADU shall not exceed twenty six (26) feet. (4) Lot coverage. The lot coverage of an ADU shall be counted toward the maximum allowed lot coverage. (5) Lot placement. ADU placement is restricted to the rear thirty-five (35) percent of the lot. (6) Setbacks. ADU’s shall meet the minimum setbacks as required by Table 16- 6-1.2 “Summary of Dimensional Requirements for Accessory Structures” unless the building or structure complies with setback exemptions available elsewhere in the code. (7) Bulk Plane. Bulk Plane regulations in the Section 16-6-1-G of this Title shall apply to ADU structures. j. Parking. One (1) off-street parking space shall be provided for each Accessory Dwelling Unit (ADU), located within the rear thirty-five (35) percent of the lot. Existing required off- street parking for the principal dwelling shall be maintained or replaced on-site. k. Impact Fees. All impact fees applicable to new construction shall also apply to Accessory Dwelling Units (ADU’s) created after adoption of this ordinance. l. Utilities. Accessory Dwelling Units must connect to the water and sewer lines of the principal dwelling, subject to requirements and restrictions of the Englewood Water and Sewer Board. m. No Subdivision Allowed. An Accessory Dwelling Unit (ADU) shall not be subdivided or sold separately from the principal dwelling unit on a lot, unless all structures and lots meet the required dimensional standards upon completion of the subdivision, including but not Page 132 of 264 12 limited to minimum lot area, minimum lot width, setbacks, bulk plane and other dimensional standards that may apply. A covenant restricting the future subdivision of the ADU shall be recorded with the Arapahoe County Clerk and Recorder, prior to issuance of a building permit. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection G, Paragraph 3, “Bulk Plane Requirements”, by adding a new subparagraph e, numbers 1 and 2 of the Englewood Municipal Code 2000 as follows: e. Accessory Dwelling Units 1. A horizontal line that is located directly above the side lot line and which passes through a point twelve feet (12’) above the base plane described in paragraph (a) above; and 2. The intersecting lines that extend over the lot at a pitch of 12:12 (45-degree angle) from the horizontal lines defined in paragraph (c)(1) above. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection H, Paragraph 3, subparagraph c, of the Englewood Municipal Code 2000 as follows: c. Residential Occupancy. No accessory structure shall allow residential occupancy, except as permitted for approved accessory structures occupied by caretakers or watchmen, or for approved accessory dwelling units on owner-occupied principal One-unit detached properties. Section 5. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 1, Subsection 1.2, “Table 16-6-1.2 Summary Table of Dimensional Requirements for Accessory Structures” of the Englewood Municipal Code 2000 as follows: [Insert Table 16-6-1.2 SUMMARY TABLE OF DIMENSIONAL REQUIREMENTS FOR ACESSORY STRUCTURES] Page 133 of 264 13 TABLE 16-6-1.2: SUMMARY TABLE OF DIMENSIONAL REQUIREMENTS FOR ACCESSORY STRUCTURES Use Districts Allowed Maximum Number Max. Height (ft) Minimum Setback (ft) Maximum Total Floor Area (sq ft) Add'l Regulati Front Side Rear Accessory Dwelling Units (ADU’s) R-1-C, R-2-A, R-2-B, MU-R-3-A, MU-R-3-B 1-unit dwelling: 1 ADU 26 Entire structure shall be located within rear 35% of the lot 3 Garden Cottage: 3 Carriage House: 6 If vehicle entrance faces street or side lot line: 3 Residential portion of structure shall not exceed 650 SF Detached garages and all carports All Residential Districts 1-unit dwelling: 1 garage and 1 car- port, 2-unit dwell- ing: 1 garage and 1 carport per unit. More than two-unit dwelling: 1 garage or carport per unit 16 Shall conform to the zone district's minimum front set- back applicable to the principal struc- ture and to applica- ble residential de- velopment and design standards of this Chapter R-1-A: 5 Other districts: 3 If entrance faces alley: 6 If entrance faces street or side lot line: 3 Combined maxi- mum total floor area of all garages and carports shall not exceed 1,000 square feet per unit. If a garage or car- port is converted to another use, an equivalent amount of off-street parking shall be provided. When a garage or carport is converted to another use the existing driveway or carport in the f bk Detached garages and all carports TSA, and all Medi- cal, Business and Industrial Districts Shall conform to zone district standards for principal structures. Storage sheds All Residential Dis- tricts, TSA, Medi- cal, Business, and Industrial Districts 1 10 All R Districts: Shall be located be- hind the rear build- ing line of the prin- cipal structure B Districts: Shall be located behind the front building line of the principal structure TSA & I Districts: Shall conform to zone district stan- dards for principal structures R-1-A: 5; Other R Districts: 3; M M, B, TSA, I Dis- tricts: Shall con- form to zone dis- trict standards for principal structures R-1-A: 5; Other R Districts: 3; M B, TSA, I Districts: Shall conform to zone district stan- dards for principal structures 150 See 16-2-9.A.2 for structures 120 square feet or smaller Other accessory structures not listed above All Residential and Medical Districts 1 12 Other accessory structures shall be located behind the rear building line of the principal structure R-1-A: 5 Other R Districts: 3 R-1-A: 5 Other R Districts: 3 200 See 16-2-9.A.2 for structures 120 square feet or smaller (Ord. 04-5; Ord. 05-25; Ord. 05-26; Ord. 08-37, § 5; Ord. 08-48, §§ 16—19; Ord. 09-28, § 6; Ord. 1-11/12, § 13; Ord. 23-12, § 6; Ord.7-13, § 5; Ord. 45-14, § 3; Ord. 3-15, § 1; Ord. 4-15, § 1) Page 134 of 264 14 Section 6. The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 6, Section 4, Subsection E, Paragraph 1, subparagraph 4.1 “Table 16-6-4.1 Minimum Off-Street Vehicle Parking Rations” of the Englewood Municipal Code 2000 as follows: TABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS Use Off-Street Vehicle Parking Standard Additional Requirements RESIDENTIAL USES Group Living Dormitory, fraternity, sorority 1 parking space per two beds Group living facility, large/special or small 1 parking space per 3 resident beds, plus 1 parking space for each 3 employees Nursing home 1 parking space per 4 resident beds plus 1 parking space for each 3 employees Senior citizen .75 parking spaces per unit plus one guest space for each 5 units Household Living One-unit, detached or attached dwelling 2 spaces per each dwelling unit Senior citizen residential complex (35 per- cent or more of total units reserved for persons 60 years and older) 1 space per 2 dwelling units, plus one guest space for each 5 units Two-unit and multi-unit dwelling: Efficiency, 1- or 2-bedroom unit 1.5 spaces per each dwelling unit.(1) Such parking shall be designated and identified as parking for the occupants of the build- ing only. (2) Guests or Visitor Parking for buildings with 5 or more dwelling units: 1 space for each 5 units. Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only. Two-unit and multi-unit dwelling: 3 or more bedroom unit 2 spaces per each dwelling unit. Boarding or Rooming Houses 1 space for each guest bed, in addition to the one-unit dwelling requirement Accessory Dwelling Unit 1 space in addition to the one-unit dwelling requirement Parking space must be entirely located within rear 35% of the lot PUBLIC/INSTITUTIONAL USES Religious Assembly All 1 space for each 3 seats or every 6 feet of bench length in the main assembly area or auditorium School Education institution - elementary 1 space for each classroom and adminis- trative office Education institution - secondary An area equal to 1/2 the gross floor area in the structure Public Buildings All An area equal to 1/2 the gross floor area in the structure Page 135 of 264 15 ABLE 16-6-4.1: MINIMUM OFF-STREET VEHICLE PARKING RATIOS Use Off-Street Vehicle Parking Standard Additional Requirements COMMERCIAL USES Assembly Assembly hall or auditorium, hall rental for meetings or social occasions 1 space for each 3 seats Entertainment/ Amusement: Indoor Amusement facilities, convention facili- ties, dance halls, gymnasiums, theaters, skating rinks 1 space for each 3 seats Bowling alley 4 spaces per lane, plus 1 additional space for each 2 employees Food and Beverage Service Restaurant, bar, tavern, with or without outdoor operations 1 space per each 100 square feet of gross floor area Medical/Scientific Service Hospital 1 space for each 2 patient beds, plus 1 space for each 2 employees Office All 1 space per each 300 square feet Retail Sales and Service All Under 7,500 square feet: an area equal to 1/2 of the gross floor area; 7,500 square feet gross floor area and above: an area equal to the gross floor area. As applicable, plus adequate stacking spaces as per Section 16-6-4-J below. Vehicle and Equipment Automotive sales, rental; Automobile pawn- broker 1 space for each 2 employees at maximum employment on a single shift, plus 2 spaces for each 300 square feet of sales/office, repair, or maintenance space. Visitor Accommodation Hotel; Hotel, Extended Stay 1 space for each guest room, plus 1 addi- tional space for each 2 employees. Parking for convention facilities and dining areas in the hotel shall conform with the require- ments set forth within. MANUFACTURING/INDUSTRIAL USES Industrial Service and/or manufacturing An area equal to 1/4 the gross floor area occupied by the use in a structure Warehouse/Storage Mini-storage facility Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand (6,000) square feet of floor area and open storage, or one space for each one hundred (100) storage units or spaces, whichever is greater. Plus, 2 additional parking spaces for employees shall be provided at the manager's office. Wholesale business An area equal to 1/4 of the gross floor area of the structure or structures. Warehousing and/or storage An area equal to 1/4 of the gross floor area of the structure or structures. Section 7. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Page 136 of 264 16 Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 19th day of November, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 22nd day of November, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 21st day of November, 2018. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 19th day of December, 2018 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 2018. Stephanie Carlile Page 137 of 264 CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE #2014-01 ) ACCESSORY DWELLING UNITS ) FINDINGS OF FACT, ) CONCLUSIONS AND ) RECOMMENDATIONS RELATING ) FINDINGS OF FACT AND TO AMENDMENTS TO THE UNIFIED ) CONCLUSIONS OF THE DEVELOPMENT CODE ) PLANNING AND ) ZONING COMMISSION INITIATED BY: ) Community Development Department ) 1000 Englewood Parkway ) Englewood, CO 80110 ) Commission Members Present: Townley, Kinton, Pittinos, Brick, Freemire, Madrid, Fish, Austin, Coleman Commission Members Absent: None This matter was heard before the City Planning and Zoning Commission on September 6, 2017, in the Community Room of the Englewood Civic Center. Testimony was received from staff and members of the public. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendments to Title 16 Unified Development Code which were incorporated into and made a part of the record of the Public Hearing. After considering the statements of the witnesses and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on the proposed amendments to the Unified Development Code, Title 16, relating to Accessory Dwelling Units, was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2. THAT notice of the Public Hearing was published in the Englewood Herald on August 24, 2017 and was posted on the City’s website August 17, 2017 through September 6, 2017. 3. THAT the Community Development Department held 13 study sessions on Accessory Dwelling Units and held an open house on June 13, 2017, at which 51 surveys were collected and analyzed. Page 138 of 264 4. THAT ten members of the public spoke in favor of permitting accessory dwelling units. CONCLUSIONS 1. THAT the proposed accessory dwelling unit regulatory text amendments conform to the vision, goals, and objectives outlined in Englewood Forward: The 2016 Englewood Comprehensive Plan. 2. THAT the proposed accessory dwelling unit regulatory text amendments establish purpose, format, eligibility, creation, occupancy, and design parameters for accessory dwelling units, and identifies the MU-R-3-B, MU-R-3-A, R-2-B, R-2-A, and R-1-C zone districts as suitable for new accessory dwelling unit development. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #2014-01 Accessory Dwelling Units be referred to the City Council with a favorable recommendation. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 6, 2017, by Fish, seconded by Madrid, which motion states: CASE #2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. AYES: Townley, Kinton, Pittinos, Brick, Madrid, Austin, Coleman NAYS: Fish, Freemire ABSTAIN: None ABSENT: None Motion carried. These Findings and Conclusions are effective as of the meeting on September 6, 2017. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Daryl Kinton, Chair Page 139 of 264 MINUTES Planning and Zoning Commission Meeting Wednesday, September 6, 2017 1000 Englewood Pkwy – Community Room 7:00 PM COMMISSIONERS PRESENT: Cate Townley Daryl Kinton Merc Pittinos John Brick Mike Freemire Patrick Madrid Ron Fish Michele Austin Randall Coleman COMMISSIONERS ABSENT: STAFF PRESENT: Audra Kirk, Planner II John Voboril, Planner II Harold Stitt, Senior Planner 1. Call to Order The meeting was called to order at 7:00 pm in the Community Room by Chair Kinton. 2. Public Hearing Case ZON2017-002, 3333 South Pearl Street Moved by Member Michele Austin Seconded by Member Mike Freemire TO OPEN THE PUBLIC HEARING FOR CASE ZONE2017-002, 3333 SOUTH PEARL STREET. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin (Moved By) x Page 140 of 264 Planning and Zoning Commission September 6, 2017 Randall Coleman x 9 0 0 Motion CARRIED. Audra Kirk, Planner II was sworn in. The public hearing is for an application to rezone 3317, 3323 and 3333 South Pearl Street from R-1-C Single-Unit Residential to a Planned Unit Development. Proof of posting and publication were submitted for the record, along with three emails from residents that were received after materials were sent to Commissioners. Ms. Kirk provided an overview of the project and surrounding properties; she answered questions from the Commission. John Voboril, Planner II was sworn in. Mr. Voboril answered questions from Commissioners regarding the Comprehensive Plan and exploring transitional areas. Casey Adragna, 2192 West Caley Avenue, was sworn in. Mr. Adragna stated he was the owner of 3333 South Pearl Street. Mr. Adragna reviewed the project and how it meets various goals within the Comprehensive Plan. Parking is a concern in the neighborhood; therefore, each townhome would have a 2-car garage. He is researching a public-private partnership with the City to pave the entire alley. Scott Brann, 8474 South Brentwood Street, was sworn in. Mr. Brann and his wife are the property owners of 3323 South Pearl Street. Their plan is to redevelop the property in order to lease out one unit and live in the other while they travel. Kelley Rhodes, 3317 South Pearl Street, was sworn in. Her plan is to upgrade her home and keep it in her family. Mr. Adragna answered questions from the Commission. Ian Wisekal, 3301 South Pearl Street, was sworn. He testified in favor of the application. Britt Fuiks, 3151 South Clarkson Street, was sworn. She spoke in favor of paving the alleys. Ms. Kirk stated the properties cannot be rezoned to R-2-B or MU-R-3-C because the applicant does not have 37,500 square feet of property; however, he has enough property for a PUD which only requires 21,280 square feet. Ms. Kirk answered questions regarding rezoning the entire block, the rezoning process and the PUD criteria. Moved by Member John Brick Seconded by Member Mike Freemire Page 141 of 264 Planning and Zoning Commission September 6, 2017 TO CLOSE THE PUBLIC HEARING FOR CASE ZON2017-002. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick (Moved By) x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. Commissioners discussed the case and the criteria. Commissioners then voted and stated their findings. Moved by Member Ron Fish Seconded by Member Mike Freemire APPROVE CASE ZON2017-002, 3317, 3323, AND 3333 SOUTH PEARL STREET PLANNED UNIT DEVELOPMENT AND FORWARD TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. For Against Abstained Mike Freemire (Seconded By) x Ron Fish (Moved By) x Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Patrick Madrid x Michele Austin x Randall Coleman x 4 5 0 Motion DEFEATED. 3. Public Hearing Case 2014-01 Accessory Dwelling Units Moved by Member Ron Fish Seconded by Member Randall Coleman Page 142 of 264 Planning and Zoning Commission September 6, 2017 TO OPEN THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY DWELLING UNITS. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire x Patrick Madrid x Ron Fish (Moved By) x Michele Austin x Randall Coleman (Seconded By) x 9 0 0 Motion CARRIED. John Voboril, Planner II, was sworn in. Notice of the public hearing was published in the Englewood Herald on August 24, 2017 and was published on the City's website on August 17. Further, the public was notified of the public hearing through the City's website and the June 13, 2017 open house. Mr. Voboril introduced the case by stating the public hearing is regarding accessory dwelling unit regulatory amendments to Title 16 of the Unified Development Code. Mr. Voboril reviewed the Commission's previous action on accessory dwelling units, provided the background and analysis of the case, and the various requirements. Mr. Voboril answered questions from the Commission. Rebecca Alexis, 1982 South Pennsylvania, Denver, was sworn in. Ms. Alexis spoke in favor of accessory dwelling units. Brian Pearson, 2962 Montclair Ct. Highlands Ranch, was sworn in. Mr. Pearson spoke in favor of accessory dwelling units. Jeff Stillwell, 2935 South Marion, was sworn in. Mr. Stillwell questioned why the R-1-A and R-1-B zone districts were excluded from having accessory dwelling units. Cynthia Searfos, 3297 South Downing St, was sworn in. Ms. Searfos spoke in opposition of accessory dwelling units. She does not want the increased traffic, crime, and density. Randal Friesen, 4581 South Cherokee St., was sworn in. Mr. Friesen spoke in favor of accessory dwelling units. Tiffany Madrid, 3396 South Grant St., was sworn in. Ms. Madrid spoke in favor Page 143 of 264 Planning and Zoning Commission September 6, 2017 of accessory dwelling units; however, she would like the size requirements larger. Jacob Bettis, 2961 South Bannock St., was sworn in. Mr. Bettis spoke in favor of accessory dwelling units. Judy Brown, 1033 West Stanford Pl., was sworn in. Ms. Brown spoke in favor of accessory dwelling units and the residency restriction. Laura Jones, 3106 South Sherman Street, was sworn in. Ms. Jones spoke in favor of accessory dwelling units. Barbara Peterson, 3371 South Corona Street, was sworn in. Ms. Peterson spoke in favor of keeping the restricted zone districts and the residency requirements. Britt Fuiks, 3151 South Clarkson Street, was sworn in. Ms. Fuiks encouraged those with strong feelings about the regulations to attend the City Council study session. Moved by Member John Brick Seconded by Member Mike Freemire TO CLOSE THE PUBLIC HEARING FOR CASE 2014-01 ACCESSORY DWELLING UNITS. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick (Moved By) x Mike Freemire (Seconded By) x Patrick Madrid x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. The Commission took a 5 minute recess. The Commission asked Mr. Voboril additional questions and discussed the case. The Commissioners then voted and stated their findings. Moved by Member Ron Fish Seconded by Member Patrick Madrid Page 144 of 264 Planning and Zoning Commission September 6, 2017 THAT CASE 2014-01 ACCESSORY DWELLING UNITS BE APPROVED AND FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire x Patrick Madrid (Seconded By) x Ron Fish (Moved By) x Michele Austin x Randall Coleman x 7 2 0 Motion CARRIED. Moved by Member Mike Freemire Seconded by Member Patrick Madrid THAT THE REMAINDER OF THE AGENDA BE SUSPENDED DUE TO TIME. For Against Abstained Cate Townley x Daryl Kinton x Merc Pittinos x John Brick x Mike Freemire (Moved By) x Patrick Madrid (Seconded By) x Ron Fish x Michele Austin x Randall Coleman x 9 0 0 Motion CARRIED. 4. Adjourn The meeting adourned at 10:00 pm. Page 145 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Jackie McKinnon DEPARTMENT: City Clerk's Office DATE: January 7, 2019 SUBJECT: CB 48 - Retail Cultivation Ordinance DESCRIPTION: CB 48 - Retail Cultivation Ordinance RECOMMENDATION: Staff recommends City Council approve an Ordinance to amend the Englewood Municipal Code to allow retail marijuana cultivation within the City. PREVIOUS COUNCIL ACTION: On November 5, 2013, the citizens of the City of Englewood defeated referred question #2B which would have prohibited the sale, cultivation, and manufacture of recreational marijuana within the City. On November 8, 2016, the citizens of the City of Englewood approved ballot question #302 to permit the regulation and licensing of retail marijuana stores. Part of ballot question #302 provided that only currently licensed medical marijuana centers could apply to convert to a retail facility, or operate as both a retail and medical facility, until January 1, 2019. After that date an entity without an existing medical marijuana facility license may apply to become a retail marijuana store. Also included within initiative #302 was the language set forth in E.M.C. 2-6- 1(C) which specifically allows for medical marijuana cultivation but makes no provision either permitting or prohibiting retail marijuana cultivation. On March 6, 2017, the City Council approved Ordinance #8, Series of 2017, which modified E.M.C. 7-6D-12(C) to allow for retail marijuana stores within the City, and prohibiting any other type of recreational or retail marijuana establishment. Currently, E.M.C. 2-6-1(C) limits the issuance of licenses associated with the cultivation or sale of marijuana to: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana-Infused Products Manufacturer License; 4. A Retail Marijuana Store License. On July 23, 2018 retail cultivation was discussed by the City Council at a Study Session. At the conclusion of the Study Session a consensus vote directed staff to develop an ordinance allowing for retail cultivation within the City. Page 146 of 264 SUMMARY: Currently two medical marijuana cultivation facilities are licensed to operate within the City. A new retail marijuana cultivation license would allow existing medical cultivation operations to grow both medical and retail marijuana. The proposed licensing limitations associated with a retail marijuana cultivation operation are as follows: Existing medical marijuana cultivation facilities could apply for a multi-use license, allowing for medical and retail cultivation. Marijuana cultivation operations could exceed five thousand (5,000) square feet. ANALYSIS: City Council has received requests from Nature's Kiss for amendments to the City's Code allowing for retail marijuana cultivation within the City of Englewood in addition to its current medical marijuana cultivation facilities. FINANCIAL IMPLICATIONS: A licensing and application fee will be charged for the retail cultivation license. License Fee: $1,000.00 Application Fee: $1,000.00 ATTACHMENTS: Council Bill #48 Letter from Nature's Kiss to City Council Official Abstract of Votes Cast November 5, 2013 Official Abstract of Votes Cast 2016 Ordinance No. 17 Series of 2013 Page 147 of 264 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 48 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTION 1, TITLE 5, AND ESTABLISHING CHAPTER 3F, TO PROVIDE FOR RETAIL CULTIVATION OF MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, Article XVIII, Section 16(5)(f) of the Constitution of the State of Colorado provides that a locality may enact ordinances or regulations, not in conflict with the Constitution or State law, regarding marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores; governing the time, place, manner and number of retail marijuana establishment operations; and establishing procedures for the issuance, suspension, and revocation of a license issued by the locality; WHEREAS, the City of Englewood is a home rule City, established in accordance with Article XX of the Constitution of the State of Colorado, and through Section 30 of its home Rule Charter, endows its City Council with all municipal legislative powers as conferred by general law, and the authority to delegate those powers to Boards and Commissions by ordinance; WHEREAS, the City of Englewood is a “locality” as defined by Article XVIII, Section 16(5)(f) of the Constitution of the State of Colorado; WHEREAS, the Local Liquor, Medical and Retail Marijuana Licensing Authority has been established as a Board or Commission within Title 2, Chapter 6 of the Englewood Municipal Code; WHEREAS, no action permitting retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an ordinance or through an initiated or referred measure; WHEREAS, no action prohibiting retail marijuana cultivation facilities has been approved within the City of Englewood through the enactment of an initiated or referred measure; WHEREAS, on November 5, 2013, in Referred Question No. 2B, when asked to provide an advisory opinion, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; WHEREAS, on November 8, 2016, in Ballot Question No. 301, the voters of the City of Englewood rejected banning retail marijuana activities, specifically including retail marijuana cultivation; and WHEREAS, on November 8, 2016, in Ballot Issue No. 300, the voters of the City of Englewood, passed an initiated ordinance providing for the distribution and sale of retail marijuana within the City. Page 148 of 264 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 2, Chapter 6, Section 1 shall be amended as follows: 2-6-1: Licensing Authority Established. A. There is hereby established a Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, as provided by law, to suspend or revoke such licenses for cause in the manner provided by law. Such authority shall have all the powers of the Local Licensing Authority as set forth in Articles 3, 4, and 5, of Title 44, C.R.S. 2018Articles 46, 47 and 48 of Title 12, C.R.S. 1973.. See Title 5, Chapter 3, Article A of this Municipal Code for the organization, powers, functions and duties of the Local Licensing Authority. B. There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article 43.3 11 and 43.4 12 of Title 12 44 C.R.S.: 1. A Medical Marijuana Center License; 2. A Medical Marijuana Optional Premises Cultivation Operation License; 3. A Medical Marijuana—Infused Products Manufacturer License; 4. A Retail Marijuana Store License; 5. A Retail Marijuana Cultivation Facility License. Section 2. Title 5, Chapter 3F, shall be established as follows: 5-3F-1: Retail Marijuana Cultivation Established. A. The Englewood City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions in Section 16 of Article XVIII of the State Constitution and/or the terms, conditions, limitations, Article 44 of Title 12 C.R.S., and all applicable provisions of the Englewood Municipal Code. 5-3F-2: Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority, as established in Title 2, Chapter 6, Section 1, shall grant or refuse local licenses for the cultivation of Retail Marijuana as provided by all applicable State and local law; suspend, fine, restrict, or revoke such licenses upon a violation of law or a rule promulgated pursuant to this Title; and may impose any penalty authorized by this Title or Page 149 of 264 3 any rule promulgated pursuant to this Title. The Local Licensing Authority may take action with respect to a registration or a license pursuant to this Title, and in accordance with the procedures established pursuant to this Title. B. Pursuant to Section 30 of the Englewood Home Rule Charter, the authority to establish rules and regulations for the proper control of the cultivation of Retail Marijuana is vested in the Local Licensing Authority. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the cultivation of Retail Marijuana cultivation and for the enforcement of this Chapter. C. The Local Licensing Authority shall adopt and enforce regulations for retail marijuana cultivation that are at least as restrictive as the provisions of Article 12 of Title 44 C.R.S., including 44-12-403, and any rule promulgated pursuant to that article, all in conformance with the provisions set forth within this Chapter. D. In addition to all other standards applicable to the issuance of licenses under this Code, the following additional standards for the issuance of Retail Marijuana Cultivation Operation consistent with the intent of Article 44 of Title 12 C.R.S. and this Code are adopted as follows: 1. Distance restrictions between premises in or out of City limits for which Local Licenses are issued: (a) If the building in which Retail Marijuana is to be cultivated is located within two thousand feet (2,000') of a school, an alcohol or drug treatment facility, or the principal campus of a college, university, seminary, or a residential child care facility or within two thousand five hundred feet (2,500') of an existing licensed Retail or Medical Marijuana Center, Retail or Medical Marijuana-Infused Products Manufacturer or Retail or Medical Marijuana Optional Premises Cultivation Operation. The provisions of this Section shall not affect the renewal or re-issuance of a license once granted or apply to licensed premises located or to be located on land owned by a municipality; nor shall the provisions of the Section apply to existing licensed premises on land owned by the State, or apply to a license in effect and actively doing business before said principal campus was constructed. (b) The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a school or campus to the nearest portion of the building in which Retail Marijuana is to be cultivated using a route of direct pedestrian access. (c) After April 20, 2015, Marijuana Licensed Premises shall be limited to the following locations but shall otherwise be exempt from the distance limitations of this Chapter: • 4695 South Windermere Street, Units A & B • 4332 South Broadway • 11 West Hampden Avenue, Suite 102 • 5005 South Federal Boulevard 2. Reasonable restrictions on the size of an applicant's Licensed Premises. Page 150 of 264 4 (a) All Retail Marijuana Cultivation Operations shall not exceed five thousand (5,000) square feet. 3. Any other requirements necessary to ensure the control of the premises and the ease of enforcement of the terms and conditions of the License. (a) Any cultivation or manufacture of Retail Marijuana within a Multi-Tenant building shall have a heating, ventilation and air conditioning system separate from the rest of the building. E. The provisions of Title 5, Article 3E shall be applicable to interpreting this Article 3F. F. Definitions not provided within Title 5, Article 3E, shall be as provided in Title 7, Article 6D, Section 12-2. G. Enforcement of this Chapter shall be in conformance with E.M.C. Title 1, Chapter 4, “General Penalty” provisions. 5-3F-3: Licensing Fees. All licensing and application fees shall be established by the City Council by regular Resolution and set forth within the City’s Fee and Rate Schedule, or adopted by inclusion within the City’s Fee and Rate Schedule as approved by Resolution. In 2019 such licensing and application fees shall be equal in amount to those fees as established for the cultivation of medical marijuana. On or after January 1, 2020, such fees shall be as provided by law and established in accordance with this section. Section 3. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Page 151 of 264 5 Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 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 2018. Stephanie Carlile Page 152 of 264 Dear Council Member Sierra, Thank you for taking a moment to read this email. My name is Edmond Bartel. I am a manager at Nature’s Kiss here in Englewood. I am writing you and the other city council members today to ask for your assistance in amending Englewood’s ordinance to permit existing Medical Marijuana Optional Cultivation Operations to grow cannabis for the regulated retail marijuana sector. We would like to request an amendment that will not adversely affect any Englewood businesses, residents or visitors and ultimately does nothing to substantially change our operations except for the licenses we receive from the state and city as well as the color of the seed to sale tracking tag on our plants. Currently, Nature’s Kiss’ operations are vertically integrated on our medical side, meaning the medical cultivation facility at 4332 S Broadway in Englewood supplies our medical store at 4332 S. Broadway. For retail or adult-use sales, Nature’s Kiss buys retail marijuana from other licensed retail cultivation facilities throughout Colorado and packages it for sale here at our licensed retail store location. Every plant in every licensed grow in Colorado is tagged with a seed to sale METRC RFID tag. Medical marijuana plants wear yellow RFID tags and retail marijuana plants are tagged blue. From the moment each plant is rooted and placed in a growing medium, that plant tag remains with the plant its entire life. Once it is harvested, that plant tag is replaced with a package tag that ties the new package of marijuana to the plant(s) it came from. This tag ensures that wherever this marijuana ends up; may it be in a jar to be sold, or at a marijuana infused products processor to be made into concentrate or edibles, the same exact package is tracked all the way to the point of sale. As for the life of a retail marijuana plant, it has an identical process. The only difference is the color of the plant tag. Nature’s Kiss would embrace the opportunity to join the majority of co-located cultivation facilities in the metropolitan area and grow retail plants with blue tags, alongside the yellow medically tagged plants currently being cultivated in our licensed facility at 4332 S Broadway. This is not a request to physically expand, modify, or operate our licensed premises in a substantially different manner. Instead, this change would allow us to hire additional employees and obtain a state and local license for medical and retail co-location within the confines of our existing licensed premises. The cost to the city associated with any addition licensing can be recovered with additional fees required during the co-located retail cultivation facility the licensing process. We would like you to consider raising this issue during a future City Council meeting. We believe that such a change will provide positive benefits for the City of Englewood and will not substantially change any enforcement or oversight requirements. Furthermore, it will allow us to increase local hiring and create parity with other facilities in the region that are permitted to co- locate. Nature’s Kiss would be more than happy to participate in any study sessions, activities or expenditures necessary to make this process as easy as it can be for anyone involved. We look forward to hearing from you, answering any questions you may have, and continuing to contribute and support this great City. Page 153 of 264 Sincerely, --Edmond Bartel Manager at Nature’s Kiss Nature's Kiss 303-484-9327 4332 S Broadway Englewood, Colorado Page 154 of 264 Statement and Ceni?cate of Determination of an Election held in 5+l‘\ .Colorado,on lh8 _ .44sorwannaANDrnacmcrsANDVOYEScur IN EACH Question on me22"day at November.2lJtJ. l Q?a/£6 ' LaucrlsnlaA Elia,Clty Clerk To1.1|‘ No."“‘6§‘p‘§5p%‘s’%.5‘L‘§"‘°"“1 “"5”'0“”'.A -v.,..‘2Cal ||||l||l|tlll.ll|"°’- Releued ._.._ ,nunttnn No.23 ’\ 1 Shall me Englewond Munldpal cocoolthn City ctanguewoott.cameo out litemunuln nlreaeutlmal ntaliuutn, tun laaullmul muiulnl um-um tudlttles,bclt reaelllonal mnriiulnlnunulum-n‘:-.;fadillal.mmbut ? ;recreational nu-luau:testing tadille .in Mt tumasng puwut uu Ind qnmtt at nmtjuun u allowedutdev T oFp|¢M|_ ‘the column Constitution.nu manit -tt-at Enqtawomra curenuylloennd mndh?mnrliuutubuslrveues.milury j IN THE cm’ ‘E51-RAT-C7OFVOTES en‘,_V’(2m—g'vell.patient:and cod:prmllslons muutg lllolet.‘ j OF ENGLEWO:g;,lé:la(;:AsDgo€:ODRDINATEDELECTION -I -> 3593 Yes 3582 Na ‘D F __ ————-T M . 'ly- - Rh:R ell Imam’ W‘607 _ _ um“DI OIIDIIJDIINo.100 30"759 ",I Sltlll the Englewood Munilipll Code at Ihi Cityat En?awood,Cnuwadobe amended In ildudn onidal deliqvuliul }«Put:pmpenywittanttncnyorsngvewoodinuuutapmtaamapeopuovenqtcwooautatmirngntmvotam ' V m 5 ,f ~Ilvssaleawaitproper!/tmdedluaIeu'Fut'myptopetty|dmmf¢am2006EngtewoodFIrksm¢Raau?ottLMum:Plan Is I Part:Inducing but not Ended In:Baku.Elma.Batnvtogln.Belvlow.Cellleilllill.Cllthon, -,'..Cushha.Depot.Dtntzn.Enlennn.Hnsanna,Jason.Milli’Fields.?mtuts and F.mnlu7 jg RH Gilt!I425 ‘T “J55 V“572 M‘j - 'Scott G ‘- __«Sky 2745 l__: _ Sluven R.Yltel 3J2!State 1:!Colorado _) I )ss j ,5 I P‘J 1 County 0'Ninahoe )—— I rte .W I,the undersigned.dn hereby cemly the precedlng Ol?cial Election Results at the Clty ul Englewnod_—j- Calatadn pottlon at the coovdlnaled Elecllon held an Ntwembev 5.2013.tor the elec?an at three (3)VtneutlR Manda suz‘Council Members,the Munldpal Judge,one Council Referred Question and an:Citizen Initiated Elallot -— STATE OF CQLORADO, “ We.at:undersigned.Cutvassen ul‘the EluctiotluuntsL1!and Election held in ma _.._.C.|._._9§_,.EJ';1c§l'€'.l:~__U_n_c\5__._____.in In sum of Culnmdn. Cmntty anti.._I£L~.Q_4.....pq- . on _‘lT.s:.ida_..........Ihe .......5.*I‘__..._.~_day at _J:‘.°_“m‘£¢.1_"_.......A.D.Nana.rm Ilse election ut..T!1x:::_£_aD_Cn.tnc.i.l.£fl.cn-b<J‘S o:Je.(1)"’“‘-“‘°‘l'5\’5“0°a'—...D .(;Ll3<e.£sa1a_:&nlls:3c_swls£m=n._Lnn_!1oe_(;D._Cttgm...._1'_J;.2.'r2«;l__&.m_r_Q«,Lr.s;t:toz1_._.._ dé;‘mta,-certify that Ih:above and foregoml Is :lruz aml correct abslnct M the vale:cast I!ma election;shown by the atmmtlr I ..:Fn...%tsi..ClJ-’..n£ Mata- "'/' MI!sun QT‘;7035""o _l!é15_1£1:.4._...__n>/.5 ‘- 2 MW:WITNE/SSmm«in tn.day 1 A D ,9’L‘__‘_g_[dcmk ._§_=.—./“’»_L_:‘;i.k:).['s.,a.L5?trVclrjcnm.1 Lpoyzpzq/sreaco mag ///51349 70, -....__..4 .........W... ______Mum MK swrvv A?lmr/NHW/E uwzeé) Var/mt /U suumu-7/0//7 '57:70Page 155 of 264 OFFICIAL ABSTRACT OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 8, 2016 Referred Ballot Issue No. 2B SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW? YES 7,376 NO 8,646 _________________________________________________________________________________________________________________________ Referred Ballot Issue No. 2C SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47.9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: - PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; - PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; - REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND - PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES 9,267 NO 6,700 Initiated Ballot Issue No. 300 SHALL THE CITY OF ENGLEWOOD IMPOSE AN ADDITIONAL SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018, AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR, WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD? YES 9,067 NO 7,047 Initiated Ballot Question No. 301 A “yes” vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A “no” vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, “Regulation of Marijuana,” Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana, “Part 9F”: “A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE.” YES 5,996 NO 10,167 Initiated Ballot Question No. 302 Shall the City of Englewood Municipal Code be amended to permit for the regulation and licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in the Initiative Petition? YES 9,965 NO 5,812 ________________________________________________________ /s/ Stephanie Carlile, Deputy City Clerk Date 11/22/16 Page 156 of 264 Page 157 of 264 Page 158 of 264 Page 159 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Tom Brennan DEPARTMENT: Utilities DATE: January 7, 2019 SUBJECT: CB 50 - Wastewater Rate Increase DESCRIPTION: CB 50 - Wastewater Rate Increase RECOMMENDATION: Staff recommends City Council approve, by Ordinance, a seven percent (7%) rate increase for wastewater utility service, to become effective March 1, 2019. This increase is anticipated to be in place for 2019 only. Future wastewater rates will be established following the Cost of Service Study scheduled to be completed by the end of the second quarter of 2019. PREVIOUS COUNCIL ACTION: June 11, 2018 - Staff provided a 2019 Operating Budget Overview to Council August 6, 2018 - Staff provided an overview of the proposed 2019 Capital Budget. August 27, 2018 - Council was provided with the proposed 2019 Operating Program Overview. September 17, 2018 - Council was presented proposed 2019 Budget. December 17, 2018 - Council rejected CB 41 SUMMARY: The 2019 Proposed South Platte Water Renewal Partners (SPWRP) Budget is the beginning of a phase in the facility's life that will require $70M over the next five years to meet permit-driven treatment requirements as well as facility rehabilitation and replacement needs. The new discharge permit issued by the Colorado Department of Health and Environment includes a compliance schedule that begins in 2023. This deadline, coupled with the required time needed for facility planning, design and construction, make it imperative the city begin securing needed funding. ANALYSIS: The Proposed SPWRP Budget for 2019, represents an increase of $2,089,584 over the 2018 Adopted SPWRP Budget. The City of Englewood is responsible for approximately one-half of the total budget. Increases have come from cost centers including: - Permit-driven capital needed in order to develop, design and pilot-test facilities necessary to comply with compliance schedules contained in the recently issued wastewater discharge permit. - Aging infrastructure and deferred maintenance necessitated a need for increased capital as well as the need for more aggressive repair and maintenance programs. - Workforce optimization such as investments in new programs, equipment and organizational. initiatives that increase production, efficiency and effectiveness of operations. Page 160 of 264 FINANCIAL IMPLICATIONS: Sanitary Sewer costs have been held flat since 2015. The City of Littleton and the sanitation districts fund approximately eighty eight (88%) of the plant's cost. This seven percentage (7%) rate increase will generate approximately $1.1M. ALTERNATIVES: None CONCLUSION: Deferred maintenance and regulatory requirements are necessitated the need for additional funding. This rate increase will begin securing needed funding. ATTACHMENTS: Council Bill 50 Fund 41 Budget Performance Page 161 of 264 Page 1 of 5 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 50 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE ESTABLISHING SEWER RATES IN ACCORDANCE WITH TITLE 12, CHAPTER 2, SECTION 3, SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000. WHEREAS, the State of Colorado has enhanced the standards for waste water treatment, both through reduction of the permitted levels of total phosphorus and total inorganic nitrogen, and through a reduction of the permitted temperature of water which may be released from the wastewater plant into its receiving stream; WHEREAS, the State’s standards have been incorporated into the operating license of the South Platte Water Renewal Partners of Littleton and Englewood, and will necessitate extensive facility upgrades over the next decade; WHEREAS, the South Platte Water Renewal Partners of Littleton and Englewood will perform a comprehensive cost of services analysis during early 2019 to determine if current rates and fees are appropriate and applicable to the anticipated increased costs of providing waste water services within the City of Englewood and to the connector districts; and WHEREAS, the City of Englewood has determined that a seven percent (7%) increase in sewer rates may serve as a temporary increase pending the outcome of the comprehensive cost of services analysis. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes adoption of the following sewer rates in accordance with Title 12, Chapter 2, Section 3, Subsection B of the Englewood Municipal Code 2000 to become effective February 4, 2019: Sewage Treatment Charge per 1,000 gallons $3.0383 Collection System Charge per 1,000 gallons $0.4046 Total: $3.4429 Page 162 of 264 Page 2 of 5 Customer Class In City Sewer Billed Quarterly $3.4429 In City District Sewer Billed Quarterly $3.0383 In City Sewer District Water Billed Annually $21.6903 Flat Rate Min. Flat Rate Min. Rate Single Family Dwelling $72.44 $65.89 $63.92 $58.09 $263.58 Multi Family Per Unit $44.87 $40.85 $39.59 $35.99 $163.39 Mobile Home Per Unit $27.63 $25.10 $24.36 $22.19 $100.38 5/8 " $99.79 $90.91 $88.21 $80.22 $363.64 ¾" $151.54 $137.88 $133.74 $121.75 $551.54 1" $251.27 $228.58 $221.89 $201.92 $914.33 1½" $502.47 $457.30 $443.53 $403.63 $1,829.20 2" $805.39 $733.02 $710.91 $646.87 $2,932.08 3" $1,607.50 $1,462.76 $1,418.85 $1,291.00 $5,851.00 4" $2,512.60 $2,286.62 $2,217.69 $2,018.15 $9,146.42 6" $5,025.33 $4,573.13 $4,435.28 $4,036.05 $18,292.53 8" $7,984.99 $7,266.35 $7,026.75 $6,394.24 $29,065.40 10" $11,478.47 $10,445.50 $10,101.24 $9,191.94 $41,782.03 Page 163 of 264 Page 3 of 5 Customer Class Outside City District Sewer Billed Quarterly $3.0383 Outside City District Sewer Billed Annually $19.1411 Sheridan Sanitation District #1 Charges Southgate Sanitation District Charges Flat Rate Min. Flat Rate Min. Single Family Dwelling $67.01 $61.02 $267.76 $243.82 $20.00 Multi Family Per Unit $41.59 $37.78 $166.23 $150.97 Mobile Home Per Unit $25.62 $23.28 $102.35 $92.90 $15 (each unit) 5/8 " $92.55 $84.23 $370.07 $336.72 $36.60 ¾" $140.45 $127.74 $561.66 $510.82 $20.00 (Business) $36.60 1" $232.93 $211.91 $931.64 $847.49 $40.00 (Business) $73.20 1½" $465.86 $423.77 $1,863.25 $1,694.93 $146.40 2" $746.47 $679.36 $2,985.66 $2,717.22 $292.80 3" $1,489.58 $1,355.72 $5,958.20 $5,422.74 $658.80 4" $2,328.52 $2,119.00 $9,313.86 $8,475.85 $1,317.60 6" $4,657.13 $4,237.93 $18,628.32 $16,951.63 $3,440.40 8" $7,400.24 $6,734.36 $29,601.23 $26,937.06 10" $10,637.93 $9,680.74 $42,551.99 $38,722.20 Page 164 of 264 Page 4 of 5 Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12, Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed sanitary sewer rates and fees, including disconnection of service. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor Page 165 of 264 Page 5 of 5 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 2018. Stephanie Carlile Page 166 of 264 .rF._!uW|T|1xlr-.x m.._.....§€...w..r,_..‘ u__.u~lu_uu W M. L€'L6S'EI wen‘: :s'6u’9 no. z9's9u Is'»a's M. w. orssz EE'6£ 99'sss Sb'SH'Zb 9z's9v'a oo'svL‘£ oo2I9‘s ss~a»'u v9'ota’9z 9n‘s9z'zz W. 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PREVIOUS COUNCIL ACTION: None. SUMMARY: Section 46 of the Englewood Charter provides that if a majority of the electors voting upon an initiated ordinance shall vote in favor thereof, the same shall thereupon, without further publication, become an ordinance of the City immediately. On November 8, 2016, the voters of the City of Englewood, passed an initiated ordinance levying an additional sales tax to be imposed upon the sale of retail marijuana within the City. Ordinances associated with Sales and Use Tax are codified within the Englewood Municipal Code under Title 4, Chapter 4, Section 4. ANALYSIS: The purpose of codification of all ordinances establishing laws of the City of Englewood is to provide the citizens of Englewood with access to information necessary to conform to those laws. Initiative ordinances establishing duties upon the public, including the levying or collection of sales and use tax, are appropriately codified with all other laws established by the City of Englewood upon similar subjects. FINANCIAL IMPLICATIONS: Page 171 of 264 The initiative ordinance levied an additional sales tax upon retail marijuana sales. This initiative ordinance is in effect whether or not the information is made readily available to the pubic through codification. ALTERNATIVES: To not include the initiative ordinance within the Englewood Municipal Code, making it more difficult for the public to access. CONCLUSION: Staff recommends including the initiative ordinance within the Englewood Municipal Code to make it more accessible to the public. ATTACHMENTS: CB 51 2016 Abstract Official Results Page 172 of 264 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 51 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE CODIFYING INITIATED ORDINANCE, BALLOT ISSUE 300, APPROVED BY THE VOTERS ON NOVEMBER 8, 2016, AT TITLE 4, CHAPTER 4, SECTION 4-2A, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood is a home rule City, established in accordance with Article XX of the Constitution of the State of Colorado; WHEREAS, Section 46 of the Englewood Charter provides that if a majority of the electors voting upon the initiated ordinance shall vote in favor thereof, the same shall thereupon, without further publication, become an ordinance of the City immediately; and WHEREAS, on November 8, 2016, the voters of the City of Englewood, passed an initiated ordinance levying an additional sales tax of up to fifteen percent (15%) upon the sale of retail marijuana within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 4, Chapter 4, Section 4-2A shall be adopted to read as follows: 4-4-4-2A. Establishment of Sales Tax upon the Sale of Retail Marijuana. The City of Englewood shall impose an additional sales tax of 3.5%, that may be raised up to 15% on the sale of retail marijuana in Englewood; provided the tax shall not be raised above 3.5% on or before January 1, 2018, and cannot be raised by more than 1.5% per year, with the tax revenues being collected and used to fund local law enforcement, educational programs designated by the city and other general operating expenses of the City of Englewood. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Page 173 of 264 2 Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 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 2018. Stephanie Carlile Page 174 of 264 OFFICIAL ABSTRACT OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 8, 2016 Referred Ballot Issue No. 2B SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW? YES 7,376 NO 8,646 _________________________________________________________________________________________________________________________ Referred Ballot Issue No. 2C SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47.9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: - PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; - PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; - REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND - PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES 9,267 NO 6,700 Initiated Ballot Issue No. 300 SHALL THE CITY OF ENGLEWOOD IMPOSE AN ADDITIONAL SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018, AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR, WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD? YES 9,067 NO 7,047 Initiated Ballot Question No. 301 A “yes” vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A “no” vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, “Regulation of Marijuana,” Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana, “Part 9F”: “A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE.” YES 5,996 NO 10,167 Initiated Ballot Question No. 302 Shall the City of Englewood Municipal Code be amended to permit for the regulation and licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in the Initiative Petition? YES 9,965 NO 5,812 ________________________________________________________ /s/ Stephanie Carlile, Deputy City Clerk Date 11/22/16 Page 175 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: January 7, 2019 SUBJECT: CB 52 - Implementation of Annual Marijuana Sales Tax Increase DESCRIPTION: CB 52 - Implementation of Annual Marijuana Sales Tax Increase RECOMMENDATION: Staff is recommending that Council approve an Ordinance directing staff to include a one and one-half percent (1.5%) increase in additional sales tax imposed upon the sale of retail marijuana in the annual budget, up to a maximum of fifteen percent, unless otherwise directed by the City Council. PREVIOUS COUNCIL ACTION: None. SUMMARY: On November 8, 2016, the voters of the City of Englewood, passed an initiated ordinance providing for an additional sales tax rate to be imposed upon the sale of retail marijuana within the City. The language of the initiated ordinance is permissive, rather than mandatory, authorizing the City Council to determine the additional annual sales tax rate to be imposed upon the sale of retail marijuana within the City of Englewood. For directive purposes, staff is requesting that the City Council adopt an ordinance establishing the procedure for implementing the annual increase. ANALYSIS: Permissive annual tax increases preauthorized by the voters are unusual in Colorado. Englewood Municipal Charter, Section 38, provides that taxes shall be levied by ordinance. The voters initiated and approved an ordinance to levy a tax of up to fifteen percent (15%) to be enacted incrementally, however, the initiative ordinance did not specify the manner by which the annual increase would be determined or implemented. The 3.5% increase approved within that initiative ordinance was adopted by the City Council through the annual budgeting process. Subsequently, the 2019 budgeting process also included a one and one-half percent sales tax increase for marijuana retail sales pursuant to that initiated ordinance. FINANCIAL IMPLICATIONS: The 1.5% increase in taxes is estimated to generate approximately $150,000 in additional revenue for the City of Englewood in 2019. The revenues associated with the marijuana tax increase and a narrative stating the inclusion of the 1.5% tax increase were outlined in the 2019 Page 176 of 264 Proposed Budget as adopted by Council. The total 2019 retail marijuana tax rate assumption in the 2019 adopted budget is 8.5%. ALTERNATIVES: Staff is not recommending any alternatives. CONCLUSION: Staff is recommending that Council approve Council Bill #52, directing staff to include a one and one-half percent (1.5%) increase in additional sales tax imposed upon the sale of retail marijuana in the annual budget, up to a maximum of fifteen percent, unless otherwise directed by the City Council. Establishing the tax rate for retail marijuana as part of the budgeting process provides an opportunity for the public to comment on the tax rate during the public hearing for the budget. ATTACHMENTS: 1. CB 52 - An Ordinance adopting an annual sales tax increase for retail marijuana 2. 2016 abstract Page 177 of 264 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 52 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER MARTINEZ AN ORDINANCE ADOPTING TITLE 4, CHAPTER 4, SECTION 4-2B, REGARDING ANNUAL SALES TAX INCREASE FOR RETAIL MARIJUANA, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City of Englewood is a home rule City, established in accordance with Article XX of the Constitution of the State of Colorado; WHEREAS, Section 46 of the Englewood Charter provides that if a majority of the electors voting upon the initiated ordinance shall vote in favor thereof, the same shall thereupon, without further publication, become an ordinance of the City immediately; WHEREAS, on November 8, 2016, by Initiated Ordinance, Ballot Issue No. 300, 2016, the voters of the City of Englewood levied an additional sales tax upon the sale of retail marijuana of up to fifteen percent (15%); WHEREAS, such initiated ordinance directed that the full tax levy be implemented incrementally by the City, beginning with a tax of 3.5%, followed by annual increases of up to 1.5%, until the maximum amount of the tax levy was imposed; WHEREAS, the voters approved the tax levy of fifteen percent (15%) to be enacted incrementally, although they did not specify a method for notifying the public of the annual incremental increase; and WHEREAS, establishing the tax rate for retail marijuana as part of the budgeting process provides an opportunity for the public to comment on the tax rate during the public hearing for the budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Title 4, Chapter 4, Section 4-2B shall be adopted to read as follows: 4-4-4-2B. Annual Increase of Sales Tax upon the Sale of Retail Marijuana. To implement Initiated Ballot Issue 300, 2016, staff is directed to include within the annual budget, a one and one-half percent (1.5%) annual increase in the additional sales tax imposed upon the sale of retail marijuana, up to a maximum of fifteen percent (15%). The City Council may modify the annual additional sales tax increase as part of the annual budgeting process. Approval of the annual budget will include approval of the sales tax rate for retail marijuana, all in conformance with the provisions of 4-4-4-2A above. Section 2. Notice of general provisions and findings applicable to interpretation and application of this Ordinance: Page 178 of 264 2 Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1, Chapter 2, Saving Clause apply to interpretation and application of this Ordinance, unless otherwise set forth above, including, but not limited to, the provisions regarding severability, inconsistent ordinances or code provisions, effect of repeal or modification, and legislation not affected by repeal. Enforcement. E.M.C. Title 1, Chapter 4, “General Penalty” provisions mandate that except as otherwise provided within specific Titles, Chapters, or Sections of the Englewood Municipal Code, the violation of any provisions of the Code, or of any secondary code adopted therein, shall be punished by a fine not exceeding two thousand six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three hundred sixty (360) days or by both such fine and imprisonment. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Introduced, read in full, and passed on first reading on the 17th day of December, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 20th day of December, 2018. Published as a Bill for an Ordinance on the City’s official website beginning on the 19th day of December, 2018 for thirty (30) days. Read by Title and passed on final reading on the 7th day of January, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2018, on the 10th day of January, 2019. Published by title on the City’s official website beginning on the 9th day of January, 2019 for thirty (30) days. This Ordinance shall take effect thirty (30) days after publication following final passage. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk Page 179 of 264 3 I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by Title as Ordinance No. ___, Series of 2018. Stephanie Carlile Page 180 of 264 OFFICIAL ABSTRACT OF VOTES CAST IN THE CITY OF ENGLEWOOD, COLORADO COORDINATED ELECTION NOVEMBER 8, 2016 Referred Ballot Issue No. 2B SHALL CITY OF ENGLEWOOD TAXES BE INCREASED BY $512,500 ANNUALLY IN THE FIRST FULL FISCAL YEAR AND BY SUCH AMOUNTS AS ARE RAISED ANNUALLY THERE AFTER BY IMPOSING AN ADDITIONAL SALES TAX OF 3.5% ON THE SALE OF RETAIL MARIJUANA AND RETAIL MARIJUANA PRODUCTS, WITH THE TAX REVENUES BEING USED TO FUND ANY LAWFUL GOVERNMENTAL PURPOSE DETERMINED BY THE CITY COUNCIL, WITH THE RATE OF THE TAX BEING ALLOWED TO BE INCREASED OR DECREASED WITHOUT FURTHER VOTER APPROVAL SO LONG AS THE RATE OF TAXATION DOES NOT EXCEED 15%, AND THE RESULTING TAX REVENUE BEING ALLOWED TO BE COLLECTED AND SPENT NOTWITHSTANDING ANY LIMITATIONS PROVIDED BY LAW? YES 7,376 NO 8,646 _________________________________________________________________________________________________________________________ Referred Ballot Issue No. 2C SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47.9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2.2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS, POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: - PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS; - PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; - REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET, MODERN COMPUTERS, LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS; AND - PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS, SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS, BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST, MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM, AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER AND CONTAINING SUCH TERMS, NOT INCONSISTENT WITH THIS BALLOT ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL AD VALOREM PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES 9,267 NO 6,700 Initiated Ballot Issue No. 300 SHALL THE CITY OF ENGLEWOOD IMPOSE AN ADDITIONAL SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018, AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR, WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD? YES 9,067 NO 7,047 Initiated Ballot Question No. 301 A “yes” vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A “no” vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, “Regulation of Marijuana,” Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana, “Part 9F”: “A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE.” YES 5,996 NO 10,167 Initiated Ballot Question No. 302 Shall the City of Englewood Municipal Code be amended to permit for the regulation and licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in the Initiative Petition? YES 9,965 NO 5,812 ________________________________________________________ /s/ Stephanie Carlile, Deputy City Clerk Date 11/22/16 Page 181 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Joe Jefferson DEPARTMENT: Municipal Court DATE: January 7, 2019 SUBJECT: Presiding Municipal Judge Salary Discussion DESCRIPTION: Presiding Municipal Judge Salary Discussion RECOMMENDATION: Presiding Judge, Joe Jefferson, requests that Council discuss and authorize a salary adjustment for the Presiding Judge to commence on the applicable anniversary date of January 8, 2019. PREVIOUS COUNCIL ACTION: Per the Englewood Municipal Charter, Article IX-Legal Department-Part II.- Municipal Court 68: Municipal Judge “…salary shall be determined by Council.” Council has not reviewed the presiding judge salary since November 2016. FINANCIAL IMPLICATIONS: The Court has budgeted for overall salary increases within the 2019 annual budget and no supplemental appropriation is required. Since Council has not reviewed the presiding judge salary since November 2016, Judge Jefferson is recommending a 4% increase for a total salary of $143,831.17 for the Presiding Judge position. This will be an increase of $5,531.97 to the current salary of $138,299.20. Salary comparisons will be provided. ATTACHMENTS: Resolution Salary Comparison Page 182 of 264 RESOLUTION NO. _____ SERIES OF 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL COURT JUDGE OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Court Judge; WHEREAS, City Council reviewed the performance of the Municipal Court Judge; WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels; WHEREAS, the City Council has determined that the salary of the Municipal Court Judge shall be adjusted to reflect market salary levels of Municipal Court Judges in the Denver Metro Area. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the Municipal Court Judge shall be $_____________ commencing ________________________. ADOPTED AND APPROVED this 7th day of January, 2019. ATTEST: _______________________________ Linda Olson, Mayor __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 183 of 264 PRESIDING MUNICIPAL JUDGE SALARY SURVEY 2018 Salary info provided from previous salary survey done in November 2016 and updated by HR and Judge Jefferson with available info to date. City Salary Comments Arvada $160,000 Council approved increase in 2018. Aurora $151,239 Info from 2/2016 with update requested from HR on 10/15/18. Boulder $154,000 No DV cases. Info from 4/2016 with scheduled increase in 7/2016 and update requested from HR on 10/15/18. Broomfield $95,222 Part time only, based on 3 days or 24 hours per week = .6 FTE and if full time, would be$158,703. Colorado Springs $119,212 Part time only, all judges are .5 FTE or less. Info from last known increase in 3/2015 with update requested from HR on 10/15/18. Denver $170,537 Info is 2015 salary and expected 3% raise for 2016 and update requested from HR on 10/15/18. Fort Collins $113,740 Part time only, 4 days or 32 hours per week = .8 FTE and if full time, would be $142,175. Info from 1/2016, and update requested from HR on 10/15/18. Golden $50,085.00 Part time only, based on 1 day or 8 hours per week = .2 FTE and if full time, would be$250,425. Greeley $153,600 Council approved increase in 2018, no DV cases. Littleton $99/hr Current as of 12/2018. Court 2.5-3 days/week and Jury Trials on Fridays if needed. Lakewood $164,000 Current as of 10/2018. Longmont $140,000 Council approved increase in 2018. Thornton $141,037 Info from 11/2016 with scheduled increase in 12/2016. Update requested from HR on 10/15/18. Westminster $166,615 Council approved increase in 2018. Englewood $138,299.20 Full time and 5 days/week with DV cases and weekends on call. Last increase for Englewood Municipal Court Judge was in November 2016. Assuming only 40 hour work week with only 261 working days, hourly is $66.24. Associates and Court Appointed Counsel are paid $75/hour. Page 184 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: January 7, 2019 SUBJECT: Request for Postponement of the First Reading of Alta Englewood Station PUD District Plan DESCRIPTION: Request for Postponement of the First Reading of Alta Englewood Station PUD District Plan RECOMMENDATION: Notification of postponement of the First Reading of the Alta Englewood Station PUD- District Plan until January 22, 2019. PREVIOUS COUNCIL ACTION: City Council held a public hearing on December 17, 2018 regarding Alta Englewood Station PUD - District Plan. At the conclusion of the hearing the applicant heard the questions and concerns Council had regarding the application and requested additional time to contemplate changes to the District Plan to address those concerns. Additionally, this extension allows Staff to address questions regarding the phrase "material changes to the plan". SUMMARY: With this Council Communication, staff is providing notice of this postponement. Additionally, the postponement has been placed upon the City Website. The Applicant notified the immediately adjacent property owners of the postponement. Page 185 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Paul Weller DEPARTMENT: Public Works DATE: January 7, 2019 SUBJECT: Professional Services Agreement for Dartmouth Bridge Design Engineer DESCRIPTION: Professional Services Agreement for Dartmouth Bridge Design Engineer RECOMMENDATION: Staff recommends that Council approve, by motion, a Professional Services Agreement with Stanley Consultants, Inc. in the amount of $410,510.00 for the preparation of construction plans, details & specifications and local agency coordination with the Colorado Department of Transportation for the rehabilitation and widening of the West Dartmouth Avenue Bridge over the South Platte River. PREVIOUS COUNCIL ACTION: Council approved the transfer of appropriations of $1,500,000.00 from the General Fund to the Public Improvement Fund per Resolution # 43 on March 2, 2015 based on an initial Colorado Municipal League (CML) grant of $524,000.00. Council approved Ordinance No. 8, Series of 2018 on May 24, 2018 approving an Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) for the design and construction of the rehabilitation and widening of this bridge. SUMMARY: The consultant selection process was completed in conformance with the attached Exhibit H, Local Agency Procedures for Consultant Services of the IGA with CDOT as this project will receive federal funds and is required to follow Title 23 Code of Federal Regulations (CFR) 172. Four engineering companies submitted their qualifications in response to a published Request for Proposals (RFPs). Staff scored the submitted qualifications based on criteria and standards as outlined in the IGA. Staff then interviewed the engineering companies and scored their performance based on criteria and standards as outlined in the IGA. Stanley Consultants, Inc. received the highest score based on both the qualification review and interview. The three references supplied by Stanley Consultants all returned very favorable recommendations. Staff held a scoping meeting with Stanley Consultants, their sub-consultants and selected personnel from CDOT to identify the key design elements and processes that will be required for the review and approval of this project by CDOT. Page 186 of 264 The attached Professional Services Agreement (PSA), scope of work and fee proposal were negotiated with Stanley Consultants per the requirements of the IGA. ANALYSIS: Four firms submitted their qualifications for this project: • Atkins North America Inc. • EST, Inc. • Stanley Consultants, Inc. • Stantec Consulting Services, Inc. The qualifications submitted by the firms were scored by staff based on the following criteria: • Qualifications • Approach to Work • Ability to Furnish Services • Anticipated Design Concepts • Alternative Methods Each of the four firms were interviewed by staff and their performance was scored based on their responses to the following interview criteria: • Abilities of Personnel • Past Performance • Willingness to Meet the Time and Budget Requirement • Location • Current and Projected Workload • Volume of Previously Awarded Contract • Disadvantaged Businesses Involvement Stanley Consultants, Inc. received the highest score and was selected to participate in the Scoping Meeting with CDOT. The results of the scoring is shown on the attached Dartmouth Bridge RFP Scoring Summary and Dartmouth Bridge Interview Summary sheets. The final scope of the project was discussed with Stanley Consultants, their sub-consultants and representatives from CDOT Specialty Units; • Hydraulics • Utilities • Environmental • Structural • Right of Way • Traffic • Materials and Geotechnical Each unit identified the design criteria that would be used as they review and approve the construction plans, details and specifications for this project. Stanley Consultants then used this information to prepare their final scope of services and fee proposal. Staff reviewed the scope of work and fee proposal and worked with Stanley Consultants to make sure the scope of work was thorough and complete and that the fee proposal was a fair and reasonable cost. Page 187 of 264 The final contract received approval by the CDOT Local Agency representative, per the attached CDOT Contract Approval memo. The overall schedule of the project is based on construction starting in the fall of 2019 and being completed in the spring of 2020. This period corresponds with the lowest water levels in the river which is the best condition for construction. Milestones in Stanley Consultants design schedule are: • Mid-February, 2019; Conceptual Design Complete. Stanley Consultants will complete an alternatives analysis that examines site geometry and traffic projections and will present their recommendations to be reviewed by City staff, City Council and the public. • March 29, 2019; Preliminary Design Meeting with CDOT. Stanley Consultants will complete the preliminary roadway and drainage plans and a preliminary opinion of probable cost. Staff and Stanley Consultants will meet with CDOT's unit representatives to get their comments. • May 21, 2019; Final Design Meeting with CDOT. Stanley Consultants will complete their final roadway, drainage and structural design and an updated opinion of probable costs. Staff and Stanley Consultants will meet with CDOT's unit representatives to get their final comments. • Late-July, 2019; Final Contract Document Completion. Stanley Consultants will addresse all of CDOT's & City staff's comments and have prepared final roadway, drainage and structural plans, details and specifications. • Early-September 2019, Final CDOT and Federal Highway Administration approval. • Mid-October, 2019; Bids for Construction are received. • Mid-November 2019 thru March 2020: Construction FINANCIAL IMPLICATIONS: The award of this contract will encumber $410,510.00 from the Dartmouth Bridge Public Improvement Fund for 2019. Option Letter No. 1 of the CDOT IGA (attached) allows the City to obtain reimbursement up to $211,620.00 for design services leaving $198,900.00 as the City's portion of the contract to be paid from the Dartmouth Bridge Public Improvement Fund. The total budget for the project is $2,891,544.00. which consists of $1,500,000.00 in the Dartmouth Bridge Public Improvement Fund and $1,391,544.00 in state and federal funds as provided by the CDOT IGA. ALTERNATIVES: Council may choose to not award this contract and re-advertise the Request for Proposals. Re- starting the consultant selection process would result in the delay of construction until the fall/winter of 2020 and may result in the design costs being ineligible for reimbursement from CDOT per the terms of the IGA. CONCLUSION: The selection process followed the procedures required by the IGA with CDOT. The chosen design firm, Stanley Consultants, Inc. is a respected company that is capable of completing the scope of work in a timely manner. ATTACHMENTS: Page 188 of 264 PSA 18/69 for Stanley Consultants Contract Approval Summary Public Improvement Fund 10/2018 CDOT IGA Exhibit H, Local Agency Procedures for Consultant Services Dartmouth Bridge RFP Scoring Summary Dartmouth Bridge Interview Summary CDOT Contract Approval Dartmouth Bridge IGA Option Letter Page 189 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 18-69 Stanley Consultants, Inc. PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/18-69 Dartmouth Ave Bridge Rehabilitation Project $ 410,510 This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Stanley Consultants, 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 a nd conditions set forth herein. In consideration of the foregoing and the terms hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto, intending to be legally bound, agree as follows: 1. Definitions. The terms set forth below shall be defined as follows: (a) “Intellectual Property Rights” shall mean any and all (by whatever name or term known or designated) tangible and intangible and now known or hereafter existing (1) rights associate with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask- works, (2) trademark and trade name rights and similar rights, (3) trade secret rights, (4) patents, designs, algorithms and other industrial property rights, (5) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (6) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). (b) “Work Product” shall mean all patents, patent applications, inventions, designs, mask works, processes, methodologies, copyrights and copyrightable works, trade secrets including confidential information, data, designs, manuals, training materials and documentation, formulas, knowledge of manufacturing processes, methods, prices, financial and accounting data, products and product specifications and all other Intellectual Property Rights created, developed or prepared, documented and/or delivered by Consultant, pursuant to the provision of the Services. 2. Statements of Work. During the term hereof and subject to the terms and conditions contained herein, Consultant agrees to provide, on an as requested basis, the consulting services, systems integration services, data conversion services, training services, and related services (the “Services”) as further described in Attachment A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 190 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 18-69 Stanley Consultants, Inc. executed by each of the parties hereto from time to time pursuant to this Agreement. Each Statement of Work shall specify the scope of work, specifications, basis of compensation and payment schedule, estimated length of time required to complete each Statement of Work, including the estimated start/finish dates, and other relevant information and shall incorporate all terms and conditions contained in this Agreement 3. Performance of Services. (a) Performance. Consultant shall perform the Services necessary to complete all projects outlined in a Statement of Work in a timely and professional manner consistent with the specifications, if any, set forth in the Statement of Work, and in accordance with industry standards. Consultant agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing the projects outlined in a Statement of Work. (b) Delays. Consultant agrees to notify City promptly of any factor, occurrence, or event coming to its attention that may affect Consultant’s ability to meet the requirements of the Agreement, or that is likely to occasion any material delay in completion of the projects contemplated by this Agreement or any Statement of Work. Such notice shall be given in the event of any loss or reassignment of key employees, threat of strike, or major equipment failure. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. (c) Discrepancies. If anything necessary for the clear understanding of the Services has been omitted from the Agreement specifications or it appears that various instructions are in conflict, Consultant shall secure written instructions from City’s project director before proceeding with the performance of the Services affected by such omissions or discrepancies. 4. Invoices and Payment. Unless otherwise provided in a Statement of Work, City shall pay the amounts agreed to in a Statement of Work within thirty (30) days following the acceptance by City of the work called for in a Statement of Work by City. Acceptance procedures shall be outlined in the Statement of Work. If City disputes all or any portion of an invoice for charges, then City shall pay the undisputed portion of the invoice by the due date and shall provide the following notification with respect to the disputed portion of the invoice. City shall notify Consultant as soon as possible of the specific amount disputed and shall provide reasonable detail as to the basis for the dispute. The parties shall then attempt to resolve the disputed portion of such invoice as soon as possible. Upon resolution of the disputed portion, City shall pay to Consultant the resolved amount. 5. Taxes. City is not subject to taxation. No federal or other taxes (excise, luxury, transportation, sales, etc.) shall be included in quoted prices. City shall not be obligated to pay or reimburse Consultant for any taxes attributable to the sale of any Services which are imposed on or measured by net or gross income, capital, net worth, franchise, privilege, any other taxes, or assessments, nor any of the foregoing imposed on or payable by Consultant. Upon written notification by City and subsequent verification by Consultant, Consultant shall reimburse or credit, as applicable, City in a timely manner, for any and all taxes erroneously paid by City. City shall provide Consultant with, and Consultant shall accept in good faith, resale, direct pay, or other exemption certificates, as applicable. 6. Out of Pocket Expenses. Consultant shall be reimbursed only for expenses which are expressly provided for in a Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such documentation for authorized expenses as City may reasonably request. Page 191 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 18-69 Stanley Consultants, Inc. 7. Audits. Consultant shall provide such employees and independent auditors and inspectors as City may designate with reasonable access to all sites from which Services are performed for the purposes of performing audits or inspections of Consultant’s operations and compliance with this Agreement. Consultant shall provide such auditors and inspectors any reasonable assistance that they may require. Such audits shall be conducted in such a way so that the Services or services to any other customer of Consultant are not impacted adversely. 8. Term and Termination. The term of this Agreement shall commence on the date when both parties have signed the Agreement, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one year period, if the parties desire to extend this Agreement beyond the one year period, written notice shall be given to the City no later than thirty (30) days prior to the end of the one year period by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Agreement including an amended Statement of Work, if necessary. The parties understand and acknowledge that any renewal of this Agreement is subject to the approval of the Englewood City Council. The parties also understand and acknowledge that the extension of this contract beyond the initial one year period is contingent upon the City appropriating adequate funds for each fiscal year. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or Page 192 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 18-69 Stanley Consultants, Inc. indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of City's current fiscal period ending upon the next succeeding December 31. Financial obligations of City payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be deemed terminated. (f) Return of Property. Upon termination of this Agreement, both parties agree to return to the other all property (including any Confidential Information, as defined in Section 11) of the other party that it may have in its possession or control. 9. City Obligations. City will provide timely access to City personnel, systems and information required for Consultant to perform its obligations hereunder. City shall provide to Consultant’s employees performing its obligations hereunder at City’s premises, without charge, a reasonable work environment in compliance with all applicable laws and regulations, including office space, furniture, telephone service, and reproduction, computer, facsimile, secretarial and other necessary equipment, supplies, and services. With respect to all third party hardware or software operated by or on behalf of City, City shall, at no expense to Consultant, obtain all consents, licenses and sublicenses necessary for Consultant to perform under the Statements of Work and shall pay any fees or other costs associated with obtaining such consents, licenses and sublicenses. 10. Staff. Consultant is an independent consultant and neither Consultant nor Consultant’s staff is, or shall be deemed to be employed by City. City is hereby contracting with Consultant for the Services described in a Statement of Work and Consultant reserves the right to determine the method, manner and means by which the Services will be performed. The Services shall be performed by Consultant or Consultant’s staff, and City shall not be required to hire, supervise or pay any assistants to help Consultant perform the Services under this Agreement. Except to the extent that Consultant’s work must be performed on or with City’s computers or City’s existing software, all materials used in providing the Services shall be provided by Consultant. 11. Confidential Information. (a) Obligations. Each party hereto may receive from the other party information which relates to the other party’s business, research, development, trade secrets or business affairs (“Confidential Information”). Subject to the provisions and exceptions set forth in the Colorado Open Records Act, CRS Section 24-72-201 et. seq., each party shall protect all Confidential Information of the other party with the same degree of care as it uses to avoid unauthorized use, disclosure, publication or dissemination of its own confidential information of a similar nature, but in no event less than a reasonable degree of care. Without limiting the generality of the foregoing, each party hereto agrees not to disclose or permit any other person or entity access to the other party’s Confidential Information except such disclosure or access shall be permitted to an employee, agent, representative or independent consultant of such party requiring access to the same in order to perform his or her employment or services. Each party shall insure that their employees, agents, representatives, and independent consultants are advised of the confidential nature of the Confidential Information and are precluded from taking any action prohibited under this Section 11. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the Page 193 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 18-69 Stanley Consultants, Inc. ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is required to be disclosed by law, provided that the disclosing party will exercise reasonable efforts to notify the other party prior to disclosure. (b) Know-How. For the avoidance of doubt neither City nor Consultant shall be prevented from making use of know-how and principles learned or experience gained of a non-proprietary and non-confidential nature. (c) Remedies. Each of the parties hereto agree that if, their officers, employees or anyone obtaining access to the Confidential Information of the other party by, through or under them, breaches any provision of this Section 11, the non-breaching party shall be entitled to an accounting and repayment of all profits, compensation, commissions, remunerations and benefits which the breaching party, its officers or employees directly or indirectly realize or may realize as a result of or growing out of, or in connection with any such breach. In addition to, and not in limitation of the foregoing, in the event of any breach of this Section 11, the parties agree that the non-breaching party will suffer irreparable harm and that the total amount of monetary damages for any such injury to the non-breaching party arising from a violation of this Section 11 would be impossible to calculate and would therefore be an inadequate remedy at law. Accordingly, the parties agree that the non-breaching party shall be entitled to temporary and permanent injunctive relief against the breaching party, its officers or employees and such other rights and remedies to which the non-breaching party may be entitled to at law, in equity or under this Agreement for any violation of this Section 11. The provisions of this Section 11 shall survive the expiration or termination of this Agreement for any reason. 12. Project Managers. Each party shall designate one of its employees to be its Project Manager under each Statement of Work, who shall act for that party on all matters under the Statement of Work. Each party shall notify the other in writing of any replacement of a Project Manager. The Project Managers for each Statement of Work shall meet as often as either one requests to review the status of the Statement of Work. 13. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement Page 194 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 18-69 Stanley Consultants, Inc. (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”) from and against all losses, claims, obligations, demands, assessments, fines and penalties (whether civil or criminal), liabilities, expenses and costs (including reasonable fees and disbursements of legal counsel and accountants), bodily and other personal injuries, damage to tangible property, and other damages, of any kind or nature, suffered or incurred by a City Indemnitee directly or indirectly arising from or related to: (1) any negligent or intentional act or omission by Consultant or its representatives in the performance of Consultant’s obligations under this Agreement, or (2) any material breach in a representation, warranty, covenant or obligation of Consultant contained in this Agreement. (b) Infringement. Consultant will indemnify, defend, and hold City harmless from all Indemnifiable Losses arising from any third party claims that any Work Product or methodology supplied by Consultant infringes or misappropriates any Intellectual Property rights of any third party; provided, however, that the foregoing indemnification obligation shall not apply to any alleged infringement or misappropriation based on: (1) use of the Work Product in combination with products or services not provided by Consultant to the extent that such infringement or misappropriation would have been avoided if such other products or services had not been used; (2) any modification or enhancement to the Work Product made by City or anyone other than Consultant or its sub-consultants; or (3) use of the Work Product other than as permitted under this Agreement. (c) Indemnification Procedures. Notwith-standing anything else contained in this Agreement, no obligation to indemnify which is set forth in this Section 14 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or Page 195 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 18-69 Stanley Consultants, Inc. proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. 15. Insurance. (a) Requirements. Consultant agrees to keep in full force and effect and maintain at its sole cost and expense the following policies of insurance during the term of this Agreement: (1) The Consultant shall comply with the Workers’ Compensation Act of Colorado and shall provide compensation insurance to protect the City from and against any and all Workers’ Compensation claims arising from performance of the work under this contract. Workers’ Compensation insurance must cover obligations imposed by applicable laws for any employee engaged in the performance of work under this contract, as well as the Employers’ Liability within the minimum statutory limits. (2) Commercial General Liability Insurance and auto liability insurance (including contractual liability insurance) providing coverage for bodily injury and property damage with a combined single limit of not less than three million dollars ($3,000,000) per occurrence. (3) Professional Liability/Errors and Omissions Insurance covering acts, errors and omissions arising out of Consultant’s operations or Services in an amount not less than one million dollars ($1,000,000) per occurrence. (4) Employee Dishonesty and Computer Fraud Insurance covering losses arising out of or in connection with any fraudulent or dishonest acts committed by Consultant personnel, acting alone or with others, in an amount not less than one million dollars ($1,000,000) per occurrence. (b) Approved Companies. All such insurance shall be procured with such insurance companies of good standing, permitted to do business in the country, state or territory where the Services are being performed. (c) Certificates. Consultant shall provide City with certificates of insurance evidencing compliance with this Section 15 (including evidence of renewal of insurance) signed by authorized representatives of the respective carriers for each year that this Agreement is in effect. Certificates of insurance will list the City of Englewood as an additional insured. Each certificate of insurance shall provide that the issuing company shall not cancel, reduce, or otherwise materially change the insurance afforded under the above policies unless thirty (30) days’ notice of such cancellation, reduction or material change has been provided to City. 16. Rights in Work Product. (a) Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to Page 196 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 18-69 Stanley Consultants, Inc. the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 17. Relationship of Parties. Consultant is acting only as an independent consultant and does not undertake, by this Agreement, any Statement of Work or otherwise, to perform any obligation of City, whether regulatory or contractual, or to assume any responsibility for City’s business or operations. Neither party shall act or represent itself, directly or by implication, as an agent of the other, except as expressly authorized in a Statement of Work. 18. Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 19. Applicable Law. Consultant shall comply with all applicable laws in performing Services but shall be held harmless for violation of any governmental procurement regulation to which it may be subject but to which reference is not made in the applicable Statement of Work. This Agreement shall be construed in accordance with the laws of the State of Colorado. Any action or proceeding brought to interpret or enforce the provisions of this Agreement shall be brought before the state or federal court situated in Arapahoe County, Colorado and each party hereto consents to jurisdiction and venue before such courts. (a) Attorney Fees. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connection with this Agreement, or contesting the validity of the Agreement or any provision of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, fees and expenses incurred by the prevailing party in connection with such action or proceeding. 20. Scope of Agreement. If the scope of any provisions of this Agreement is too broad in any respect whatsoever to permit enforcement to its fullest extent, then such provision shall be enforced to the maximum extent permitted by law, and the parties hereto consent to and agree that such scope may be judicially modified accordingly and that the whole of such provision of this Agreement shall not thereby fail, but that the scope of such provision shall be curtailed only to the extent necessary to conform to law. 21. Additional Work. After receipt of a Statement of Work, City, with Consultant’s consent, may request Consultant to undertake additional work with respect to such Statement of Work. In such event, City and Consultant shall execute an addendum to the Statement of Work specifying such additional work and the compensation to be paid to Consultant for such additional work. 22. Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of Page 197 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 18-69 Stanley Consultants, Inc. City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 23. Notices. Any notice provided pursuant to this Agreement shall be in writing to the parties at the addresses set forth below and shall be deemed given (1) if by hand delivery, upon receipt thereof, (2) three (3) days after deposit in the United States mails, postage prepaid, certified mail, return receipt requested or (3) one (1) day after deposit with a nationally-recognized overnight courier, specifying overnight priority delivery. Either party may change its address for purposes of this Agreement at any time by giving written notice of such change to the other party hereto. 24. Assignment. This Agreement may not be assigned by Consultant without the prior written consent of City. Except for the prohibition of an assignment contained in the preceding sentence, this Agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the parties hereto. 25. Third Party Beneficiaries. This Agreement is entered into solely for the benefit of the parties hereto and shall not confer any rights upon any person or entity not a party to this Agreement. 26. Headings. The section headings in this Agreement are solely for convenience and shall not be considered in its interpretation. The recitals set forth on the first page of this Agreement are incorporated into the body of this Agreement. The exhibits referred to throughout this Agreement and any Statement of Work prepared in conformance with this Agreement are incorporated into this Agreement. 27. Waiver. The failure of either party at any time to require performance by the other party of any provision of this Agreement shall not effect in any way the full right to require such performance at any subsequent time; nor shall the waiver by either party of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself. 28. Force Majeure. If performance by Consultant of any service or obligation under this Agreement is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, shortages of materials, rationing, utility or communications failures, earthquakes, war, revolution, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any governmental or judicial authority or representative of any such government, or any other act whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Consultant, then Consultant shall be excused from such performance to the extent of such prevention, restriction, delay or interference. If the period of such delay exceeds thirty (30) days, City may, without liability, terminate the affected Statement of Work(s) upon written notice to Consultant. 29. Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 30. Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be Page 198 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 18-69 Stanley Consultants, Inc. necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 31. Media Releases. Except for any announcement intended solely for internal distribution by Consultant or any disclosure required by legal, accounting, or regulatory requirements beyond the reasonable control of Consultant, all media releases, public announcements, or public disclosures (including, but not limited to, promotional or marketing material) by Consultant or its employees or agents relating to this Agreement or its subject matter, or including the name, trade mark, or symbol of City, shall be coordinated with and approved in writing by City prior to the release thereof. Consultant shall not represent directly or indirectly that any Services provided by Consultant to City has been approved or endorsed by City or include the name, trade mark, or symbol of City on a list of Consultant’s customers without City’s express written consent. 32. Nonexclusive Market and Purchase Rights. It is expressly understood and agreed that this Agreement does not grant to Consultant an exclusive right to provide to City any or all of the Services and shall not prevent City from acquiring from other suppliers services similar to the Services. Consultant agrees that acquisitions by City pursuant to this Agreement shall neither restrict the right of City to cease acquiring nor require City to continue any level of such acquisitions. Estimates or forecasts furnished by City to Consultant prior to or during the term of this Agreement shall not constitute commitments. 33. Survival. The provisions of Sections 5, 8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31 shall survive any expiration or termination for any reason of this Agreement. 34. Verification of Compliance with C.R.S. 8-17.5-101 ET.SEQ. Regarding Hiring of Illegal Aliens: (a) Employees, Consultants and Sub-consultants: Consultant shall not knowingly employ or contract with an illegal alien to perform work under this Contract. Consultant shall not contract with a sub- consultant that fails to certify to the Consultant that the sub-consultant will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8- 17.5-102(2)(a)(I) & (II).] (b) Verification: Consultant will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8- 17.5-101 (3.3) and 8-17.5-101 (3.7), respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Consultant is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Consultant obtains actual knowledge that a sub-consultant performing work under this Contract knowingly employs or contracts with an illegal alien, the Consultant shall; (1) notify the sub-consultant and the City within three days that the Consultant has actual knowledge that the sub-consultant is employing or contracting with an illegal alien; and (2) terminate the subcontract with the sub-consultant if, within three days of receiving notice required pursuant to this paragraph the sub- consultant does not stop employing or contracting with the illegal alien; except that the Consultant shall not terminate the contract with the sub-consultant if during such three days the sub- consultant provides information to establish that the sub-consultant has Page 199 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 18-69 Stanley Consultants, Inc. 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. 35. State Requirements. Per the Intergovernmental Agreement between the State of Colorado and The City of Englewood, the following provisions are incorporated herein and made a part of this agreement. 1. The design work under this Agreement shall be compatible with the requirements of the contract between Local Agency and the State (which is incorporated herein by this reference) for the design/construction of the project. The State is an intended third- party beneficiary of this agreement for that purpose. 2. Upon advertisement of the project work for construction, the consultant shall make available services as requested by the State to assist the State in the evaluation of construction and the resolution of construction problems that may arise during the construction of the project. 3. The consultant shall review the construction Contractor’s shop drawings for conformance with the contract documents and compliance with the provisions of the State’s publication, Standard Specifications for Road and Bridge Construction, in connection with this work. 4. The State, in its sole discretion, may review construction plans, special provisions and estimates and may require Local Agency to make such changes therein as the State determines necessary to comply with State and FHWA requirements. 5. The contract, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate, which may include, but is not limited to: 1) Withholding monthly progress payments; 2) Assessing sanctions; 3) Liquidated damages; and/or 4) Disqualifying the contractor from future bidding as non- responsible." Page 200 of 264 Page 201 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 13 PSA # 18-69 Stanley Consultants, Inc. ATTACHMENT A SCHEDULE A OUTLINE OF STATEMENT OF WORK 1. GENERAL Design Consultant; Stanley Consultants, Inc. 8000 S Chester Street Suite 500 Centennial, Colorado 80112 720-460-4724 City of Englewood: Public Works, Engineering Services 1000 Englewood Parkway Englewood, Colorado 80110 303-762-2500 The City of Englewood and Stanley Consultants, Inc., have entered into an agreement dated ________________________ for professional services related to the Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Design Consultant: Mr. Jeff Binning, PE Project Manager 303-918-4714 (M) BinningJeff@stanleygroup.com City of Englewood: Paul R. Weller, PE Engineering Manager 303-762-2505 pweller@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK This work shall include the preparation of construction plans for the Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening as detailed in the attached Design Consultants Scope of Services dated November 30th, 2018 and generally as follows: Task 1: Project Management Task 2: Data Collection Task 3: Conceptual Design Task 4: Subsurface Utility Engineering (SUE) & Coordination Task 5: Environmental Coordination Task 6: Field Inspection Review Design (FIR – 30%) Page 202 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 14 PSA # 18-69 Stanley Consultants, Inc. Task 7: Final Office Review Design (FOR – 90%) Task 8: Post FOR Design (AD – 100%) Task 9: Bidding Assistance Task 10: Services During Construction This work shall be in conformance with the requirements of the Colorado Department of Transportation for project BRO M395-017 (22124). The fee for these services shall not exceed $410,510.00 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY The City shall provide current AM and PM peak hour turn movement counts at the Platte River Drive South 1300W and 1400 W intersections. 5. OTHER CONSULTANT RESOURCES Sub consultants as identified in the Design Consultants proposal are: Shannon & Wilson, Inc. for Geotechnical Investigation and Pavement Design Harris Kocher Smith for Surveying and mapping Utility Mapping Services for Subsurface Utility Engineering (SUE) and Investigation Pinyon Environmental, Inc., for Environmental Coordination 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Deliverables shall be as detailed in Design Consultants Scope of Services dated November 30th, 2018 and generally as follows: Task 1: Project Management o Meeting Notice, Agenda and Minutes Task 2: Data Collection o Geotechnical Investigation Report and Material Engineering/Pavement Design Report o Legal Descriptions/Exhibits for the acquisition of temporary construction easements o Right of Entry Forms-two (2). Task 3: Conceptual Design o Roll plot exhibit in PDF format Task 4: Subsurface Utility Engineering (SUE) & Coordination o CADD utility reference file with Phase 1 findings o CADD utility reference file with Phase 2 findings o Test Hole Summary Report, P.E. sealed Utility Summary Report o Utility Clearance Letter o Utility Relocation Agreements Page 203 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 15 PSA # 18-69 Stanley Consultants, Inc. Task 5: Environmental Coordination, o Noise Memo to File o Initial Site Assessment (ISA) Report & CDOT Form 881 o Biological Resources Report (BRR) o GIS Data Files o Pre-Construction Notification to the USACE o Programmatic SB40 Certification Letter o Historical Technical Memorandum, Area of Potential Effect (APE) Map o OJW Letter from CDOT Task 6: Field Inspection Review Design (FIR – 30%) o CDOT Form 463 - Design Criteria o Preliminary Roadway and Drainage Design Plans and Details o Preliminary Opinion of Probable Construction Cost o 1 electronic set of 11x17 FIR plans Task 7: Final Office Review Design (FOR – 90%) o CDOT Form 859 – Project Control Data Sheet o Final Roadway, Structure and Drainage Designs, Details and Reports o Final Opinion of Probable Construction Cost o Project Special Provisions o 1 electronic set of 11x17 FOR plans Task 8: Post FOR Design (AD – 100%) o 1 electronic set of 11x17 Final Plans o Project Special Provisions o Final (revised) Opinion of Probable Construction Cost Task 9: Bidding Assistance o Responses to questions from bidders o Information to be included in any necessary Addenda Task 10: Services During Construction o Review and approval all submittals and shop drawings per the specifications o Response to Requests for Information (RFI), including revised plans and details o Reports form periodic site visits 7. SPECIAL TERMS, IF ANY Assumptions and Exclusions as detailed in Design Consultants Scope of Services dated November 30th, 2018 and generally as follows: o Landscaping/irrigation design o Lighting design o Conditional Letter of Map Revision/Letter of Map Revision (CLOMR/LOMR) through FEMA o Right of Way plans, ROWPR Coordination 8. MODE OF PAYMENT Page 204 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 16 PSA # 18-69 Stanley Consultants, Inc. Payment by check or electronic transfer as requested by Design Consultant 9. PAYMENT SCHEDULE City will pay Consultant for the work in accordance with the following payment schedule. All payments to Consultant are contingent on Consultant’s satisfying the Deliverables/Milestones set forth in the Payment Schedule. Payments shall be made upon City’s written confirmation to Consultant that the Deliverables-Milestones have been satisfied. Monthly progress payments are to be made based on a percent complete basis. Final payment to be made upon the satisfactory completion of construction. 10. SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Target dates may be amended by mutual agreement between the City of Englewood and the Design Consultant and made an addendum to this agreement. o Field Inspection Review (FIR) Meeting March 29, 2019 o Final Office Review (FOR) Meeting May 21, 2019 o Final PS&E Submittal to CDOT July 2, 2019 o CDOT Clearance/FHWA Approval August 21, 2019 11. ACCEPTANCE AND TESTING PROCEDURES N/A 12. LOCATION OF WORK FACILITIES Substantially all of the work will be conducted by Consultant at its regular office located in Denver, Colorado with the exception of Data Collection, Subsurface Utility Engineering and Environmental Coordination that will need to be conducted at the site. Page 205 of 264 Page 206 of 264 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 18 PSA # 18-69 Stanley Consultants, Inc. ATTACHMENT B CONTRACTORS PROPOSAL Page 207 of 264 11/30/2018       Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening SCOPE OF SERVICES   CITY OF ENGLEWOOD Page 208 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 1 INTRODUCTION The following is our understanding of the project scope of services to provide preliminary and final design and construction documents to the City of Englewood (City) to complete the bridge widening and rehabilitation to the Dartmouth Ave. Bridge over the S. Platte River. The scope of work contained herein is based on our understanding of the anticipated improvements as discussed with the City and CDOT at the scoping meeting held on October 22nd, 2018 as follows:  Widen and rehabilitate the existing Dartmouth Ave. bridge over the S. Platte River  Reconstruct roadway approaches as needed for the bridge widening including roadway widening, sidewalk approaches and new curb ramps, upgrading approach railings and end anchorages to current standards  Modify the existing traffic signage and striping to the new lane configuration as needed.  Traffic signal modifications at both Dartmouth Ave./S. Platte River Dr. intersections either side of the bridge  Modify the existing drainage system to accommodate the roadway and bridge widening  Provide utility coordination for any utilities that are impacted as a result of the bridge and roadway widening, traffic signal, and drainage improvements  Coordinate with CDOT to obtain the appropriate right-of-way, utility, and environmental clearances needed for Advertisement Page 209 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 2 The following Scope of Services identifies exclusions and assumptions upon which Stanley Consultants, Inc. (Stanley) has relied upon in determining our effort, fee, scope and schedule for the project. A detailed workhour and fee estimate is provided in the attached EXHIBIT A. Stanley’s scope includes the primary tasks listed below: Task 1 – Project Management Task 2 – Data Collection Task 3 – Conceptual Design Task 4 – Subsurface Utility Engineering (SUE) & Coordination Task 5 – Environmental Coordination Task 6 – Field Inspection Review Design (FIR – 30%) Task 7 – Final Office Review Design (FOR – 90%) Task 8 – Post FOR Design (AD – 100%) Task 9 – Bidding Assistance Task 10 – Services During Construction Task 1 – Project Management 1.1 Project Management Stanley will monitor and control the effort and progress of the proposed services as follows:  Prepare subconsultant agreements  Monitor subconsultant progress and review/approve invoices  Prepare monthly Progress Reports and client invoices  Prepare, monitor and adjust CPM schedule  Stakeholder coordination Deliverables: Monthly Progress Reports (including monthly CPM Schedule updates) 1.2 Project Design Coordination Meetings Project design coordination meetings will serve as the primary forum for reviewing the status of the project and identifying and resolving project issues. Attendees will include Stanley’s PM and task leads, City of Englewood, CDOT, and other stakeholders as necessary. Stanley will provide meeting notices, prepare meeting materials and agenda, attend and facilitate the meeting, and prepare meeting minutes for a project kickoff meeting and up to two (2) progress meetings (review meetings are included separately). Stanley will consult with the City’s PM prior to each meeting to get input regarding the agenda. Deliverables: Meeting Notice, Agenda and Minutes (Up to three (3) coordination meetings total) Page 210 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 3 Task 2 –Data Collection 2.1 Project Initiation / Data Collection / Field Visit Stanley will conduct a field reconnaissance and site review with City staff to document features and constraints specific to this project. Field information will be recorded using field notes and digital photos. 2.2 Geotechnical Investigation and Pavement Design Geotechnical Investigation and Pavement Design activities will be performed by Shannon & Wilson, Inc. (S&W). These services will consist of the following activities: S&W will coordinate and observe a field exploration program consisting of drilling 4 borings at the site, at locations agreed upon by Stanley and the City (see Figure 1 for approximate locations). Two borings will be advanced to a depth of up to 60 feet for bridge borings near each existing bridge abutment and two borings up to 5 feet for pavement borings; a total of 130 LF of drilling is proposed. The proposed boring locations are shown in Figure 1 below. The scope of work for our field investigation includes the following tasks:  Prior to drilling, S&W will call the Utility Notification Center of Colorado to locate utilities and will meet with individual utility locators at the site. The driller will need to obtain an Excavation Permit which requires a City of Englewood excavating license, insurance, site plan and traffic control plan. All fees, except the license fee, associated with this permit will be waived.  Each boring will be drilled using a truck- mounted drill rig supplied and operated by a drilling contractor under subcontract to S&W.  S&W will arrange for traffic control.  Sampling will be conducted on approximately 2.5-foot intervals to 10 feet below ground surface and 5-foot intervals thereafter using the Standard Penetration Test (SPT), in general accordance with ASTM D-1586. Occasional larger-diameter drive samples using a modified California-barrel sampler may also be collected, as appropriate. In addition, bulk samples will be collected for R- value testing.  A geologist or geotechnical engineer will observe the drilling and prepare descriptive field logs of the explorations based on ASTM D 2487, Standard Test Method for Classification of Soil for Engineering Purposes, and ASTM D 2488, Standard Recommended Practice for Description of Soils (Visual-Manual Procedure).  S&W will not perform environmental screening nor collect analytical samples of soil or water for environmental testing.  Upon completion of drilling, groundwater levels will be measured and then the boreholes will be backfilled.  Drill cuttings from the borings will be drummed and removed from the site by the driller.  S&W will transport the geotechnical samples back to our in-house laboratory for further observation and laboratory testing. Depending on the lithology of the materials encountered, tests may include natural moisture content, unit weight, grain size distribution, Atterberg limits, corrosion, swell, and R- value. Page 211 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 4 Figure 1. Proposed Geotechnical Boring Locations Report Data generated during the subsurface exploration and laboratory testing programs will be analyzed by a geotechnical engineer, and S&W’s findings and recommendations will be presented in a Geotechnical Investigation Report and a Material Engineering/Pavement Design Report. This will be a single report and will be signed and sealed by a professional engineer registered in Colorado. The report will include:  A site plan showing exploration locations  A profile showing boring locations and subsurface conditions along the bridge alignment  Field and laboratory test results, including logs of geotechnical borings  General description of subsurface soil/rock conditions and groundwater levels below the site  Recommendations for type, size and tip (bottom) elevation of the required foundation  Discussions regarding the need for pre- drilling, pile tips, casing, dewatering, and other foundation construction considerations  Pavement design following MGPEC requirements  Construction considerations pertinent to pavement materials and earthwork construction Deliverables: Geotechnical Investigation Report and a Material Engineering/Pavement Design Report 2.3 Surveying & Mapping Surveying & Mapping activities will be performed by Harris Kocher Smith (HKS). HKS will provide a topographic survey within the project limits and will include cross sections of the S. Platte River as requested and additional supplemental topography in and around the roadway bridge structure. Within these limits the following survey tasks and information will be provided: Page 212 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 5 Project Research  Research existing survey monument records, surveys, property deeds, and subdivision maps to aid in the establishment of existing right-of-way and property lines.  It is anticipated all survey work will be performed within the existing rights-of-way, right of entry from adjacent private property owners may be required. Horizontal and Vertical Control  Establish control points along the survey limits at approximate 400’-500’ intervals. The control points will be based horizontally upon Modified Colorado State Plane coordinates and vertically upon NAVD 88 orthographic benchmark elevations. Control points will typically be a #5 rebar, embedded to ground level, with a plastic cap marked control point or a brass disk and nail embedded in concrete. These control points are to be maintained and utilized during the construction phase of the project.  Survey Control Diagram - Prepare a survey control diagram delineating the horizontal and vertical location of the control points established as well as the existing primary survey monuments utilized to establish project control. The survey control diagram will be provided for the construction plan set.  Survey Monumentation – Recover existing section corners and existing property monuments along the corridor that establish the location of the existing rights-of-way and property lines. Topographic Survey  Roadway - Provide a detailed topographic ground survey within the Dartmouth Avenue right-of- way. Contours will be developed at 1’ intervals based upon cross sections at 50’ intervals along the roadway and at high points and low points. See Figure 2 for the limit of survey and mapping.  Locate all visible surface improvements i.e. signs, curb and gutter, sidewalks, handicap ramps, striping etc. within the survey limits.  Survey scanning – Perform scanning of the existing bridge structure and to aid with the reduction of topographic data and location of visible surface improvements. This information will also be used for Quality Control and Quality Assurance. (The scanning will be available but is not considered a deliverable).  S. Platte River - Provide cross sections of the S. Platte River at four locations to be determined.  Additional topographic survey will be provided at the bridge structure as requested, to include pier and abutment locations, visible footings and low chord elevations. Utilities  Locate all visible utility surface appurtenances to include water valves, manholes, signal poles, transformers, pedestals, etc.  We will provide Quality Level (QL) C invert elevations on accessible wet utilities, i.e. sanitary and storm sewers. Office Preparation of Survey  Based upon property research, deeds and maps obtained along with the field location of monumentation, establish the existing rights-of-way and property lines. Page 213 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 6  Process and compile the field data, preparing a 1’ contour map and. dtm file within the roadway area. Cross sections of the S. Platte River will be provided delineating spot elevations along each requested cross section.  Based upon utility research and field data delineate the location of utilities and provide invert elevations on accessible utilities.  All surveys will be prepared in Microstation format. Legal Descriptions  Provide up to two legal descriptions with exhibits for the acquisition of temporary construction easements. Supplemental Surveying (Test Bore Holes)  Locate approximately four (4) geotechnical test bores. Delineate this information on the design survey. We anticipate a separate site visit will be necessary to accomplish this task. Right of Entry Coordination:  Prepare Right of Entry forms for up to 2 parcels Figure 2. Limit of Survey & Mapping Task 3 – Conceptual Design 3.1 Alternatives Analysis Upon Notice to Proceed, Stanley will develop up to two (2) different concept alternatives on aerial imagery to determine the best lane configuration for the project while identifying design constraints and feasibility issues. Alternatives need to consider viability/costs of including on-street bike lanes on Page 214 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 7 the bridge and through the intersections. The two conceptual design alternatives will be depicted on a roll plot exhibit for coordination with the City and CDOT for concurrence of the preferred layout before proceeding with preliminary design. Deliverables: Roll Plot Exhibit (PDF Format) 3.2 Traffic Analysis Stanley will perform a traffic analysis to determine the Level of Service (LOS) for the current year and 2040 design year using Synchro. The Level of Service analysis will primarily be used to determine if an environmental Hot Spot analysis is needed (2040 LOS D or worse) as a result of the project improvements in order to fulfill CDOT Environmental clearance requirements. It is assumed that the City will provide Stanley with current AM and PM peak hour turn movement counts at the Platte River Drive South 1300W and 1400W intersections upon Notice to Proceed. Peak hour factors will be derived from the turn movement data. Traffic volumes will be projected to the 2040 design year and a growth factor will be derived from the COMPASS travel demand model outputs which will be requested from the Denver Regional Council of Governments (DRCOG). The results of the LOS analysis will be compiled and submitted to the City and CDOT in a technical memorandum. This scope of work assumes a submittal of a draft memo for review and incorporating one round of consolidated comments before submitting the final traffic memorandum. Deliverables: Draft and Final Traffic Memorandum Task 4 – Subsurface Utility Engineering (SUE) & Coordination Subsurface Utility Engineering (SUE) and investigation activities will be performed by Utility Mapping Services, Inc. (UMS). This work will be performed in accordance with the American Society of Civil Engineers Construction Institute Standard 38‐02 (ASCE/CI 38‐02) and include the following activities:  Phase 1 - 2D QL B data acquisition (using electromagnetic (EM), acoustic, and other geophysical technologies), characterization, and depiction (CADD file) of existing utility infrastructure data to develop a reliably qualified base map and data set from which to develop and support future design, coordination, and construction decisions. The limit of Phase 1 investigation is shown below in Figure 2.  Phase 2 - Vacuum Excavations (test holes) at specific utility target locations (up to 10 locations) to be determined by the project design team and utility coordination staff.  Per the Clients request, UMS will not be responsible for investigating any of the sanitary sewer or storm drain features on the project. This will be completed as part of the topo survey by HKS.  Populating utility data management system GEOfeature™ with test hole information from the field investigation. Page 215 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 8 Figure 3. Limit of SUE Investigation 4.1 Phase 1 Designating Although Phase 1 utility designating of buried infrastructure will have goal of QL B (i.e., position is determined via a combination of geophysical, survey and engineering methods) some facilities such as non‐conductive water are pragmatically designated to a mixture of QL C (i.e., based on surveyed surface features and record data), B, and A (i.e., exposed survey grade observations such as possible at manholes) during the Phase 1 field effort. Likewise, some non‐conductive pressurized piping lacking tracer wire may be designated to QL D (i.e., based on evidence consisting of available record information and/or verbal accounts) during the Phase 1 effort. Data quality is improved as and where required during subsequent project utility engineering phases. See Figure 3 for the approximate limits of the intended SUE investigation. All work is intended to incorporate and stem from previous efforts performed by the Owner, Client and their consultants, and will be performed in compliance with applicable project design standards, procedures, and accepted engineering principles. Deliverables: CADD utility reference file with Phase 1 findings 4.2 Phase 2 Locating The Phase 2 investigation primarily consists of utility locating (discrete QL A vacuum excavated test holes). UMS and a vac truck contractor will perform excavation operations and the engineering survey of each test hole location. The test hole locations will be coordinated between UMS and project team based on identified utility conflicts and areas where more detailed data, including three dimensional coordinates, are required to complete designs and mitigate/accommodate conflicts. For the purpose of Page 216 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 9 this work, “locate” means to establish by engineering, surveying, drafting, and vacuum excavation practices the accurate horizontal and vertical position of subsurface utilities with vertical tolerances of generally 0.1 feet based on referenced benchmarks. Written logs for all test holes are utilized, derived elevations are transcribed onto CADD reference files, and “locate” points area mapped to Quality Level A on the plans. All potholing activities will require an Excavation Permit which requires a City of Englewood excavating license, insurance, site plan and traffic control plan. All fees, except the license fee, associated with this permit will be waived. Assumptions  Vacuum excavations which fail to expose the target utility after attaining a reasonable depth (6‐7’) will still be considered a completed excavation  A maximum of 3 days of traffic control will be required for Phase II operations  Each excavation is accessible to the vac truck and crew.  Up to 10 test holes in the asphalt/concrete pavement and requiring concrete/asphalt coring, and Utilibond to repair the concrete/asphalt plug. Deliverables: CADD utility reference file with Phase 2 findings, Test Hole Summary Report, P.E. sealed Utility Summary Report 4.3 Incorporation of Phase 1 & Phase 2 Utility Information into Plans Stanley will incorporate the Phase 1 and Phase 2 utility information received from UMS into the project files, prepare a utility potholing log sheet for incorporation into the construction documents, and show the utility designation/test hole information in the plans. Stanley will utilize the Phase 1 & 2 information to determine if utility conflicts exist with the proposed improvements and if the proposed design can be altered to avoid conflicts. If conflicts with the proposed design are unavoidable, Stanley will begin the utility coordination process with the affected utility owners. 4.4 Utility Coordination Meetings Stanley will coordinate with the affected utility owners in the project area. It is assumed that we will attend up to three (3) utility coordination meetings to discuss and resolve any utility conflicts. 4.5 CDOT Utility Clearance Support Stanley will coordinate the CDOT utility clearance process. The task involves finalizing any utility relocation coordination with the affected utilities and documenting the resolution with a utility relocation agreement that will be signed by the affected utilities along with preparing a utility clearance letter required by CDOT for Utility Clearance prior to project approval. Deliverables: Utility Clearance Letter, Utility Relocation Agreements Page 217 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 10 Task 5 – Environmental Coordination Environmental coordination will be performed by Pinyon Environmental, Inc. (Pinyon). The project will utilize funds from the Colorado Department of Transportation (CDOT); therefore the City is required to comply with the National Environmental Policy Act, necessitating a categorical exclusion using CDOT’s Form 128. A desktop review of the project area was conducted and there are environmental resources in the study area that should be addressed. The environmental scope of services for the proposed project are outlined below. AIR QUALITY (Optional Task as needed) If the traffic analysis determines the LOS is D or worse for the current year or 2040 design year, Pinyon will be required by CDOT to perform a carbon monoxide hotspot analysis at intersections in the project study area. Carbon monoxide hotspot analysis will involve running the Environmental Protection Agency’s MOVES vehicle emissions model to generate emissions factors for vehicles in the project area, which will then be utilized along with background pollutant concentrations, intersection geometry and traffic data, and worst-case meteorological assumptions in the CAL3QHC dispersion model to predict ambient pollutant concentrations for near-road receptors. Prior to completing the air-quality analysis, Pinyon will coordinate with Stanley, and with the Colorado Department of Public Health and Environment (CDPHE) air-quality specialists and/or CDOT air- quality specialists, to confirm approach, what data/variables to use, and which assumptions to make for the model required for the analysis. Pinyon will produce a technical report summarizing the methodology and results of the hot spot analysis. The report is assumed to have four (4) rounds of review. Pinyon assumes that the following data will be provided to us for input into the CAL3QHC model:  MOVES emissions factors (from CDPHE);  Traffic data (e.g. Synchro report) and roadway geometry for all alternatives (from Stanley); and  Background pollutant concentrations and persistence factor for the project area (from CDPHE) This scope assumes that a carbon monoxide hotspot analysis will be required at one intersection in the project study area. If review of the traffic analysis determines that a carbon monoxide hotspot analysis will be required at additional intersections, the scope will need to be revised. Deliverables: Air Quality Technical Report NOISE Based on preliminary review of the project, Pinyon will not be required to model highway traffic noise throughout the study area as it does not meet any of the criteria that define a Type I project. Pinyon will draft a memorandum to file that details how the project falls within the Type III classification and does not require a traffic noise impact analysis. Coordination is assumed to be via phone calls and emails. If the description of proposed work changes such that the project triggers a Type I noise analysis the scope will need to be revised. Deliverables: Noise Memo to File Page 218 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 11 HAZARDOUS MATERIALS Pinyon will complete an Initial Site Assessment (ISA) and Form 881, which will include a database review. The focus of the ISA will be areas where ground disturbances are anticipated. Two asbestos and 20 lead paint samples will be conducted along the bridge structure. Deliverables: Initial Site Assessment (ISA) Report & CDOT Form 881 BIOLOGICAL RESOURCES Pinyon will complete wetland delineation in accordance with U.S. Army Corps of Engineers (USACE) and CDOT protocols, where disturbances are expected (e.g., within the project footprint, and along presumed access/haul roads and staging areas). Stanley will provide these study areas prior to field surveys. Pinyon will document the existing conditions regarding wetlands in the Biological Resources Report (BRR). Pinyon will provide Stanley with the Geographic Information System (GIS) data for incorporation into the project plans, and for impact analysis during advanced design. Pinyon assumes that Stanley will calculate wetland impacts using the provided GIS data. It is assumed that impacts to wetlands will be minimal and a Wetland Finding will not be required for this project. If permanent wetland impacts will be greater than 500 square feet (SF) (or combined temporary and permanent impacts greater than 1,000 SF), then a Wetland Finding will be required and this scope and fee will be revised. The field surveys will be completed by two Pinyon biologists in a one-day period. Field surveys for wetlands/waters of the US, noxious weeds, SB 40 and threatened and endangered species to be completed concurrently; those fees are included with the wetland task. Impacts to Waters of the U.S., including wetlands, are presumed to be minimal, and it is assumed that impacts will be permitted under a Corps Nationwide Permit (likely 14 for Linear Transportation Project). Pinyon will draft the Preconstruction Notification to the USACE. An Individual Permit is assumed not required. Pinyon biologists will assess the general conditions, land use, and vegetation/habitat in the area. The general conditions will be summarized in the BRR. List A and B noxious weeds to be mapped, as applicable, or documented using notes if the extent of weeds is significant. Noxious weed data and recommendations for weed controls will be presented in the BRR. Pinyon assumes an Integrated Noxious Weed Management Plan will not be necessary for the project. Pinyon will evaluate SB 40 resources in proximity to the project and map SB 40 resources (riparian trees and shrubs) concurrently during wetland field surveys. GIS data will be provided to Stanley for impact analysis during advanced design. Pinyon assumes that the client will calculate SB 40 impacts using the provided GIS data. Pinyon will prepare SB 40 documents for CDOT submittal to Colorado Parks and Wildlife. Page 219 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 12 The level of certification will be determined at a later date, but for proposal purposes is assumed to be a Programmatic SB40 Certification. Stanley will develop mitigation on project Landscape Plans; Pinyon will provide support in the form of recommendations for plant species and spacing. Pinyon will evaluate habitat for federally listed and state-listed species and document the results in the BRR. Only a habitat assessment for federally and state -listed species will be conducted; a species-specific survey is not included in this scope. Pinyon assumes that a Biological Assessment will not be required. Given the developed nature of the study area, Pinyon assumes that the impact assessment will reveal a no effect to federally listed. Therefore, coordination with the US Fish and Wildlife Service is not anticipated to be required. Pinyon will assess the area for general wildlife use, including migratory birds. Habitats within the project area will be assessed for potential migratory bird nesting. In addition, habitat within half a mile of the project area will be assessed and surveyed for potential raptor nests. Results of the surveys will be included in the BRR, Deliverables: Biological Resources Report (BRR), GIS Data Files, Pre-Construction Notification to the USACE, Programmatic SB40 Certification Letter HISTORIC / ARCHEOLOGICAL RESOURCES Dartmouth Avenue Bridge is a concrete and steel bridge, built in 1965. The bridge has been previously surveyed for NRHP eligibility and was found Not Eligible. Because of its construction date and Not Eligible status, Pinyon assumes the bridge would qualify under the Federal Highway Administration (FHWA) Program Comment for Common Post-1945 Concrete and Steel Bridges, eliminating the need for an individual historic review of the bridge. Pinyon will coordinate with the CDOT Region 1 Historian to apply this program. Pinyon assumes one in-person meeting with CDOT Region 1 Historian to coordinate the use of the Program. Pinyon assumes this meeting would be attended by two Pinyon staff (Historian and Project Manager). Furthermore, Pinyon assumes no additional historic surveys would be required. Because no surveys would be completed for this project, Pinyon assumes no site visit would be required. If additional project elements be added as design advances, this scope will be revisited. CDOT Archaeologist will review the project and document internally. No additional surveys or sites from Pinyon are necessary for archeological resources. Deliverables: Historic Technical Memorandum, Area of Potential Effect (APE) Map NON-HISTORIC / SECTION 4(f) FHWA Section 4(f) regulations govern the use of land from publicly owned parks, recreation areas, wildlife and waterfowl refuges, and public or private historic sites. Temporary use of the South Platte River Trail, a Section 4(f) resource, will likely be required during project construction. Pinyon assumes this use of the trail can be cleared by applying a Temporary Occupancy Exception as defined under Section 4(f) of the Department of Transportation Act. Approval of this Exception must be granted by the Official with Jurisdiction (OWJ). Further, a plan must be prepared that keeps the trail open at all times (temporary detour). Pinyon will prepare a draft Temporary Occupancy OWJ letter with information provided by the client regarding design and temporary Page 220 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 13 impacts. Any use of Section 4(f) resource requiring evaluation other than an exception would require additional scope and fee. Deliverables: OWJ Letter from CDOT SECTION 6(f) Pinyon understands that sections the South Platte River Trail received funds from the Land and Water Conservation Fund (LWCF). According to the OTIS database, this section of the trail is north of the project area and improvements will be confined to the area of the bridge. Temporary and/or permanent impacts to the Section 6(f) portion of the trail are not anticipated on this project. PALEONTOLOGY CDOT Paleontologist will document internally; therefore, no additional surveys are needed. Task 6 – Field Inspection Review Design (FIR – 30%) 6.1 Preliminary Roadway Design Once a preferred alternative has been selected from the Conceptual Design phase, Stanley will perform the roadway design that will include:  Confirm and document required design criteria  Refine the horizontal and vertical geometry of the preferred alternative.  Refine and detail the cross-sectional elements including laneage, tapers and transitions, curb and gutter, sidewalk, shoulders, pedestrian facilities, etc.  Refine the layout of the proposed intersection improvements. Create a 3-dimensional model of the roadway that incorporates the elements noted above.  Compute earthwork quantities. Stanley will model the horizontal and vertical alignment using the typical sections for the project and prepare cross sections every 50 feet for the length of the proposed improvements. After the cross sections are completed, Stanley will utilize the end area method to calculate the earthwork quantities.  Prepare review drawings for a Field Inspection Review (FIR) Meeting with the City and CDOT.  Prepare CDOT Form 463 - Design Criteria The following plan sheets are assumed:  Title Sheet  CDOT Standard Plans List  General Notes  Summary of Approximate Quantities  Tabulation of Quantities  Survey Tabulation  Survey Control Diagram  Curb Ramp Details  Miscellaneous Construction Details  Bridge Plans  Drainage Plan & Profiles  Drainage Details  CDOT SWMP Template Sheets  Erosion Control Plans (Initial/Interim & Final)  Page 221 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 14  Typical Sections  Geometric Layout Plans  Removal Plans  Roadway Plans & Profiles  Intersection Details  Utility Plans  Traffic Signal Plans  Signing & Striping Plans  Construction Phasing & Traffic Control Plans  Roadway Cross-Sections All plans will be prepared in CDOT format and will follow CDOT’s and the City of Englewood’s latest criteria and details. Deliverables: CDOT Form 463 – Design Criteria 6.2 Preliminary Traffic Design Stanley will perform preliminary traffic design items that will include:  Prepare signing and striping plans for the proposed improvements and tabulate these items. The latest edition of the Manual on Uniform Traffic Control devices (MUTCD) will be used to develop these plans.  Prepare construction phasing plans. The 30% FIR construction phasing plans will only consist of showing construction work zones, lane configurations, and temporary concrete barrier and/or channelizing device locations for each phase. Detailed Construction Traffic Control Plans are excluded from the 30% FIR Design and will be prepared at 90% FIR Design once the construction phasing sequence is agreed upon.  Prepare traffic signal modification plans and details for the Dartmouth Ave. and Platte River Drive South 1300W and 1400W intersections. Our scope of services assumes that the existing span wire traffic signal system will remain and any existing traffic signal poles in conflict with the proposed design will be relocated as needed. Our scope of services assumes that the City will handle the programming and timing of the new traffic signals. 6.3 Preliminary Drainage Design The drainage system design will follow the City of Englewood Drainage Design Criteria and CDOT requirements. 6.3.1 Review of Background Material, Information Collection, & Coordination  It is assumed the City will provide Stanley any available reports and construction plans to be reviewed, including adjacent development plans, master planning studies, MS4 permit, and floodplain studies.  All available mapping and survey data will be reviewed. 6.3.2 Hydrologic and Hydraulic Analysis  The hydrologic analysis for the project will be updated to reflect current conditions and the proposed work. Page 222 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 15  The Rational Method will be used to develop peak flows for local roadway drainage.  Hydraulics on the bridge deck will be analyzed to determine deck drain necessity.  Hydraulic analysis of the South Platte River will be performed to determine the effects to the floodplain from the widened bridge. Our scope of work assumes a No Rise condition in the floodwater elevation and excludes LOMR/CLOMR work.  Preliminary scour analysis will be completed for contraction as well as locally at the piers and abutments. No additional geotechnical information will be collected at the pier due to difficulty of access within the South Platte River. Geotechnical information from prior bridge projects in the close vicinity will be utilized for the scour analysis. 6.3.3 Preliminary Drainage Design and Hydraulics Report  Storm Sewer Systems including profile elevations, size, and locations will be designed using InRoads Storm & Sanitary software and storm sewer design methods.  Impervious area increases within the project limits along with total area of disturbance will be determined to assess the need for water quality treatment. It is anticipated that no water quality treatment will be necessary for this project.  Preliminary scour counter measures will be designed for piers and abutments.  Prepare preliminary estimate to be included with the overall project estimate.  Prepare Preliminary Hydraulics Report. 6.3.4 Preliminary Drainage Plans  Prepare drainage review drawings for a Field Inspection Review (FIR) Meeting with the City and CDOT Deliverables: Preliminary Drainage Plans (Included in FIR Plan list above) Preliminary Hydraulics Report 6.4 Preliminary Stormwater Management & Erosion Control Plans It is anticipated that the project will have less than 1 acre of disturbance. Stanley will complete the required CDOT Stormwater Management Plan (SWMP) template sheets as well as prepare Erosion Control Plans for the proposed improvements and tabulate these items. The Erosion Control plans will be broken into Initial/Interim and Final plans. Deliverables: CDOT SWMP Template Sheets & Erosion Control Plans 6.5 Preliminary Structures Design The following is our understanding of the project scope of services to work with City of Englewood in providing structural design services to complete a 30% (FIR) level design for one (1) bridge identified in the RFP. The existing bridge is to be widened and rehabilitated. Coordination with CDOT is Page 223 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 16 required to meet Local Agency requirements. Stanley will review the geotechnical information provided by S&W in developing the preliminary structures design. Design Criteria  AASHTO LRFD Bridge Design Specifications – 8th edition;  CDOT Bridge LRFD Design Manual – current version;  CDOT Bridge Detail Manual – current version;  CDOT Structures Worksheets  CDOT Bridge Rating Manual  CDOT Standard Specifications for Road and Bridge Construction – 2017. Deliverables: Structure Selection Report, General Layout for selected structure type, preliminary cost estimate 6.6 Preliminary Opinion of Probable Construction Cost Stanley will prepare a preliminary opinion of probable construction cost utilizing CDOT bid items. Deliverables: Preliminary Opinion of Probable Construction Cost 6.7 FIR Review Meeting Stanley will submit an electronic 11x17 set of FIR plans to the City and CDOT a minimum of ten (10) working days prior to the FIR review meeting. The Stanley team will attend the FIR review meeting to discuss additions and/or revisions to the plans and technical reports. The Stanley project manager will conduct the meeting and shall take meeting minutes and distribute to meeting attendees after the meeting. Deliverables: 1 electronic set of 11x17 FIR plans FIR Review Meeting - Meeting Notice, Agenda and Minutes Task 7 – Final Office Review Design (FOR – 90%) 7.1 Final Roadway Design Stanley will review comments received from the FIR submittal and will update the roadway design plans in preparation of the FOR (90%) submittal. Stanley will also complete CDOT Form 859, Project Control Data Sheet prior to the FOR submittal. Deliverables: CDOT Form 859 – Project Control Data Sheet 7.2 Final Traffic Design Stanley will review comments received from the FIR submittal and will update the signing & striping, traffic signal plans, and construction phasing/traffic control plans in preparation of the FOR (90%) Page 224 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 17 submittal. Construction Traffic Control Plans will be prepared following the latest MUTCD. Construction traffic control will be tabulated for the project. 7.3 Final Drainage Design Stanley will review comments received from the FIR submittal and will update the drainage design plans of the FOR (90%) submittal. Stanley will prepare a Final Hydraulics Report. Deliverables: Final Drainage Plans and Details Final Hydraulics Report 7.4 Final Stormwater Management & Erosion Control Plans Stanley will review comments received from the FIR submittal and will update the CDOT Stormwater Management Plan (SWMP) template sheets as well as the final Erosion Control Plans. Deliverables: Final CDOT SWMP Template Sheets & Erosion Control Plans 7.5 Final Structures Design The following are the structural scope of services to take the structural design from a 30% to a 100% (FOR/AD) design level for the selected structure types determined in the Preliminary Design level: Specific Work Items Included (1 bridge)  Design Calculations for superstructure and substructure elements.  Independent Design Check Calculations for superstructure and substructure elements.  Phasing analysis of existing bridge will evaluate the existing exterior girder capacity.  Create bridge plans and details per CDOT Bridge Detailing Manual.  Structural quantities and Independent quantity check  Structures Special Provisions.  Rating of the bridge.  Meetings – Status, FOR  Address FOR comments and finalize plans and specifications Assumptions  Bridge will match the existing layout and be a four-span precast prestressed concrete girder superstructure.  Abutments founded on typical CDOT integral abutments to match existing abutments.  Piers will be either a wall or open column type to match existing piers.  Foundation types will be similar to the existing. Exclusions  Coordination and detailing for Architectural enhancements.  Analysis of existing substructure capacity.  Approach slab and expansion device design. Page 225 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 18  Existing bridge will not be upgraded to meet existing code requirements or current rating requirements.  Any required retaining wall designs. This may be required to obtain additional vertical clearance over the path under the bridge.  Review and approve working drawings as defined in the specifications. 7.6 Final Opinion of Probable Construction Cost Stanley will update the preliminary opinion of probable construction cost. Deliverables: Final Opinion of Probable Construction Cost 7.7 Project Special Provisions Stanley will prepare project special provisions following CDOT format using CDOT’s latest version of the Standard Specifications for Road and Bridge Construction. Deliverables: Project Special Provisions 7.8 FOR Review Meeting Stanley will submit an electronic 11x17 set of FOR Plans, Spec Drainage Report, SWMP Report, and Geotechnical and Pavement Design Report. The Stanley team will attend the FOR review meeting to discuss additions and/or revisions to the plans during this process. The Stanley project manager will conduct the review meeting and take meeting minutes and distribute to meeting attendees after the meeting. Deliverables: 1 electronic set of 11x17 FOR plans FOR Review Meeting - Meeting Notice, Agenda and Minutes Task 8 – Post FOR Design (AD – 100%) 8.1 Post FOR Design Stanley will make corrections to the plans, special provisions, and estimate after the FOR Review Meeting and prepare the Final 100% PS&E package for Advertisement. Deliverables: 1 electronic set of 11x17 Final Plans, project special provisions and estimate Task 9 – Bidding Assistance 9.1 Bidding Assistance Stanley’s project manager and project staff will be available during the bidding phase to assist the City in responding to contractor inquiries. Work associated with this task will included:  Attending the pre-bid meeting to answer questions from prospective bidders. Page 226 of 264 Scope of Services November 30, 2018 Dartmouth Ave. Bridge over S. Platte River Rehabilitation & Widening City of Englewood 19  Supporting the City during the bidding process by providing answers to Contractor inquiries  Issuing addenda (if required) to clarify issues in the bid documents. Due to the unknown level of support for this item, the professional hours for this task are limited to those provided in the cost proposal. Task 10 – Services During Construction 10.1 Design Services Stanley will be available during construction to respond to questions specifically related to the design plans and specifications and provide clarification when requested. This service shall include, but not be limited to, the following:  Attend pre-construction meeting  Review and approve all submittals and shop drawings per the specifications  Respond to questions in the field (RFI’s) that arise relative to the plans, details or special provisions.  Provide engineering and drafting services for design revisions required due to changes in construction of field conditions.  Perform site visits to address issues during construction as requested by the City. Due to the unknown level of support for this item, the professional hours for this task are limited to those provided in the cost proposal. Scope of Services - Assumptions/Exclusions The following are the Stanley team’s assumptions and/or exclusions to the above scope of services:  It is assumed that landscaping/irrigation design will not be required for this project and is excluded from our scope of services. Any disturbance to existing landscaped/irrigated areas will be handled via a force account bid item in the plans for landscape/irrigation restoration.  It is assumed that lighting design will not be required for this project and is excluded from our scope of services. Any existing lighting that will be impacted will be handled as resets and will be coordinated with Xcel Energy.  It is assumed that a Conditional Letter of Map Revision/Letter of Map Revision (CLOMR/LOMR) through FEMA will not be required and is excluded from our scope of services.  Our scope assumes that no right-of-way takes will be necessary and excludes preparation of CDOT right- of-way plans or any ROWPR coordination. Page 227 of 264 Dartmouth Avenue Bridge over S. Platte RiverRehabilitation & WideningDate: 11/30/2018TOTALMarvinetta Hartwig, PEPrincipal-in-ChargeJeff Binning, PEProject ManagerDave DyerQA/QC-Task ManagerChris Tepen, PEStructures Task ManagerHeather Reed, PEProject Engineer IIInna Pushkarova, PEProject Engineer IJosh Root, PE, CFMDrainage Task ManagerAlyssa Pankow, EIEngineer-In-Training IIAndrew Valdez, PEProject Engineer IMichael Romero, PEProject Engineer IIEric LangTechnicianAmelia DyerAdministrative AssistantKelly ClarkAdministrative AssistantHarris Kocher Smith(Surveying & Mapping)$248$200 $200 $205 $140 $117 $175 $100 $112$140 $127 $90 $82TASK I - PROJECT MANAGEMENT1.1 Project Management2 36 8 10 1066$10,312 50$ 10,362$ Postage / Reproductions / Misc.1.2 Project Design Coordination Meetings 4 12 8 8 638$7,272 150$ 7,422$ Assumes a kickoff meeting and up to 2 additional progress meetings (review meetings separate)1.3 Public Outreach8816$2,496 25$ 2,521$ TASK 2 - DATA COLLECTION2.1 Project Initiation / Data Collection / Field Visit 4 4 4 416$2,8802,880$ 2.2 Geotechnical Investigation and Pavement Design0$0 25,088$ 25,088$ 2.3 Surveying & Mapping44$800 37,170$ 37,970$ TASK 3 - CONCEPTUAL DESIGN3.1 Alternatives Analysis8816$2,4962,496$ 3.2 Traffic Analysis- Data Collection44$560560$ - Synchro Modeling1212$1,6801,680$ - Prepare Draft and Final Traffic Memo22426$3,7603,760$ TASK 4 - SUBSURFACE UTILITY ENGINEERING (SUE) & COORDINATION4.1 Phase 1 Designating0$012,727$ 12,727$ 4.2 Phase 2 Locating0$018,737$ 18,737$ 4.3 Incorporation of Phase 1 & Phase 2 Utility Information into Plans 4 812$1,6961,696$ 4.4 Utility Coordination Meetings1212$2,400 75$ 2,475$ Assumes up to 3 utility coordination meetings4.5 CDOT Utility Clearance Support88$1,6001,600$ TASK 5 - ENVIRONMENTAL COORDINATION- Environmental Coordination0$0 33,684$ 33,684$ TASK 6 - FIELD INSPECTION REVIEW DESIGN (FIR - 30%)6.1 Preliminary Roadway Design- Confirm Design Criteria123$424424$ - Define the Horizontal and Vertical Geometry 1 45$648648$ - Define cross sectional elements145$648648$ - Create 3-Dimensional Model1616$1,7921,792$ - Prepare FIR Construction Drawings48084$9,7609,760$ - Tabulate Quantities0$0-$ - QA/QC8412$2,4002,400$ 6.2 Preliminary Traffic Design- Tabulation of Traffic Items426$814814$ - Prepare Construction Phasing Plans21214$2,0802,080$ - Prepare Signing and Striping Plans2810$1,5201,520$ - Prepare Traffic Signal Plans122427$3,6963,696$ - QA/QC145$1,0481,048$ 6.3 Preliminary Drainage Design6.3.1 Review of Background Material, Information Collection & Coordination81220$2,6002,600$ 6.3.2 Hydrologic and Hydraulic Analysis20 4060$7,5007,500$ 6.3.3 Preliminary Drainage Design and Hydraulics Report81624$3,0003,000$ 6.3.4 Preliminary Drainage Plans81624$3,0003,000$ - QA / QC Drainage Plans & Drainage Report8412$1,8001,800$ 6.4 Preliminary Stormwater Management & Erosion Control Plans- Prepare CDOT SWMP Template and Erosion Control Plans4812$1,5001,500$ - QA/QC448$1,1001,100$ 6.5 Preliminary Structures Design0$0-$ - Prepare Structures Selection Report3434$3,9783,978$ - QA/QC1616$3,2803,280$ - CADD / General Layout8201644$6,3126,312$ 6.6 Preliminary Opinion of Probable Construction Cost8816$2,2002,200$ 6.7 FIR Review Meeting448$1,500 25$ 1,525$ TASK 7 - FINAL OFFICE REVIEW DESIGN (FOR - 90%)7.1 Final Roadway Design- Finalize Roadway Elements21618$2,1922,192$ - Prepare 90% Construction Drawings26062$7,1207,120$ - Finalize Quantities and Tabulation Sheets44$448448$ - QA / QC8412$2,4002,400$ 7.2 Final Traffic Design- Tabulation of Traffic Items44$560560$ - Prepare Construction Traffic Control Plans 22022$3,2003,200$ - Finalize Signing and Striping Plans246$960960$ - Finalize Traffic Signal Plans11617$2,2802,280$ - QA/QC145$1,0481,048$ 7.3 Final Drainage Design- Finalize Drainage Plans and Details61622$2,6502,650$ - Finalize Hydraulics Report21618$1,9501,950$ - QA / QC Drainage Plans & Hydraulics Report6814$1,8501,850$ 7.4 Final Stormwater Management & Erosion Control Plans- Finalize CDOT SWMP Template and Erosion Control Plans2810$1,1501,150$ - QA/QC448$1,1001,100$ 7.5 Final Structures Design- Layout and Elevation revisions6612$1,9321,932$ - Superstructure Design and Check60 80140$21,66021,660$ - Substructure Design and Check100 120220$34,54034,540$ - Rehabilitation Details20 40 40100$14,38014,380$ - CADD40 180 80300$42,76042,760$ - Quantities and Cost Esitmate12 2032$4,8004,800$ - Rating30 434$4,6684,668$ - Specifications44$820820$ 7.6 Final Opinion of Probable Construction Cost 1 2 4 29$1,1741,174$ 7.7 Project Special Provisions426$1,1501,150$ 7.8 FOR Review Meeting44 412$2,320 25$ 2,345$ TASK 8 - POST FOR DESIGN (AD - 100%)8.1 Post FOR Design4 2 616246 462$7,8867,886$ TASK 9 - BIDDING ASSISTANCE9.1 Bidding Assistance42 222214$2,318 50$ 2,368$ TASK 10 - SERVICES DURING CONSTRUCTION10.1 Design Services10224 326 680$12,786 50$ 12,836$ 10 170 16 308 270 432 126 180 252 110 48 10 101942269,868$ 400$ 25,088$ 33,684$ 37,170$ 31,464$ Base Scope Cost Proposal410,510$ Optional Task - Air Quality8,783$ Base Scope Cost Proposal + Optional Task 419,293$ SCOPE OF WORKDESCRIPTION / ASSUMPTIONSTotal Professional Service Fee and Other Direct CostsTASK / DELIVERABLEEXHIBIT AFEE SCHEDULEStanley Total SubconsultantsProfessional Service HoursProfessional Service FeeOther Direct CostsShannon & Wilson, Inc.(Geotechnical)Pinyon Environmental, Inc.(Environmental)Utility Mapping Services, Inc.(SUE Investigation)Page 228 of 264 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 12/7/2018 Arthur J. Gallagher Risk Management Services, Inc. 104 West 2nd Street Muscatine IA 52761 Cheryl Harless 563-316-3415 563-263-6667 cheryl_harless@ajg.com Travelers Property Casualty Co of America 25674 Charter Oak Fire Insurance Company 25615Stanley Consultants, Inc. 8000 S. Chester Street #500 Centennial CO 80112 1282285433 B X 1,000,000 X 1,000,000 5,000 1,000,000 2,000,000 X Y Y P-630-4885B479-COF-18 1/1/2018 1/1/2019 2,000,000 B 1,000,000 X X X Y Y P-810-4843A850-COF-18 1/1/2018 1/1/2019 A X X 20,000,000ZUP-15T69985-18-NF 1/1/2018 1/1/2019 20,000,000 X 10,000 A XYUB-8J736329-18-43-E 1/1/2018 1/1/2019 1,000,000 1,000,000 1,000,000 RE: Dartmouth Avenue Bridge Rehabilitation, SCI Opp #034961. City of Englewood (Client) and Colorado Department of Transportation (Owner) named as additional insured with respect to General Liability on a primary and noncontributory basis, pursuant to and subject to policy terms, forms, conditions and exclusions. Waiver of Subrogation granted with respect to General Liability, Auto Liability and Workers Compensation. 30-Day notice of cancellation applies. Employee Dishonesty coverage with a $2,000,000 limit included with a $25,000 deductible. Cyber Liability (Protective Information Liability) with a $5,000,000 Limit included with a $25,000 deductible. Damage to Rented Premises (Fire Liability) shown above at a $1,000,000 limit included. City of Englewood 1000 Englewood Parkway Englewood CO 80110-2373 Page 229 of 264 Page 230 of 264 Nevada Power Company and Sierra Power Company dba NV Energy Page 231 of 264 Nevada Power Company and Sierra Pacific Power Company dba NV Energy City of Englewood (Client) and Colorado Department of Transportation (Owner) Page 232 of 264 Page 233 of 264 Page 234 of 264 Page 235 of 264 City of Englewood. Page 236 of 264 City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Page 237 of 264 City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Page 238 of 264 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 10/25/2018 Arthur J. Gallagher Risk Management Services, Inc. 104 West 2nd Street Muscatine IA 52761 Cheryl Harless 563-316-3415 563-263-6667 cheryl_harless@ajg.com Travelers Property Casualty Co of America 25674 Charter Oak Fire Insurance Company 25615Stanley Consultants, Inc. 8000 S. Chester Street #500 Centennial CO 80112 1218710625 B X 1,000,000 X 1,000,000 5,000 1,000,000 2,000,000 X Y Y P-630-4885B479-COF-18 1/1/2018 1/1/2019 2,000,000 B 1,000,000 X X X Y Y P-810-4843A850-COF-18 1/1/2018 1/1/2019 A X X 20,000,000ZUP-15T69985-18-NF 1/1/2018 1/1/2019 20,000,000 X 10,000 A XYUB-8J736329-18-43-E 1/1/2018 1/1/2019 1,000,000 1,000,000 1,000,000 RE: Dartmouth Avenue Bridge Rehabilitation, SCI Opp #034961. City of Englewood is an Additional Insured as respects general liability and auto policies, pursuant to and subject to the policy’s terms, definitions, conditions and exclusions. 30 day cancellation notice applies. $2,000,000 Employee Dishonesty coverage with a $25,000 Deductible and $5,000,000 Cyber Liability with a $25,000 Deductible applies. City of Englewood 1000 Englewood Parkway Englewood CO 80110-2373 Page 239 of 264 Page 240 of 264 Page 241 of 264 Page 242 of 264 City of Englewood. Page 243 of 264 City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Page 244 of 264 City of Englewood 1000 Englewood Parkway Englewood, CO 80110-2373 Page 245 of 264 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACTNAME:PHONE(A/C, No, Ext):FAX(A/C, No): E-MAILADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER:REVISION NUMBER:XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRLTR TYPE OF INSURANCE ADDLINSD SUBRWVD POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC OTHER: EACH OCCURRENCE DAMAGE TO RENTEDPREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO OWNEDAUTOS ONLY HIREDAUTOS ONLY SCHEDULEDAUTOS NON-OWNEDAUTOS ONLY COMBINED SINGLE LIMIT(Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) $ $ $ $ $ UMBRELLA LIAB OCCUR EXCESS LIAB CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE $ $ $ WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe underDESCRIPTION OF OPERATIONS below N / A PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03)©1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD Lockton Companies444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816) 960-9000 STANLEY CONSULTANTS, INC. 8000 SOUTH CHESTER STREET, SUITE 500 CENTENNIAL CO 80112 10/5/2019 1383226 XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX XXXXXXX PROFESSIONALLIABILITY $1,000,000 PER CLAIM & IN THEAGGREGATE XXXXXXX XXXXXXX XXXXXXX Continental Casualty Company 20443 A AEH008220975 10/5/2018 10/5/2019 NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE NOT APPLICABLE CITY OF ENGLEWOOD1000 ENGLEWOOD PARKWAY ENGLEWOOD CO 80110-2373 15688920 15688920 10/24/2018 RE: DARTMOUTH AVENUE BRIDGE REHABILITATION, SCI OPP #034961. N N Page 246 of 264 Contract Approval Summary V10/25/2017 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: Paul R. Weller, P.E. Phone: 303-762-2505 Title: Engineering Manager Email: pweller@englewoodco.gov Vendor Contact Information Vendor Name; Stanley Consultants, Inc. Vendor Contact: Jeff Binning, PE Vendor Address: 8000 S. Chester St. Vendor Phone: 720-460-4724 City: Centennial Vendor Email: BinningJeff@stanleygroup.com State: Colorado 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: January, 2019 End Date: January, 2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $410,510 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Renewal by mutual agreement, 30 day minimum notice to City prior to expiration. Payment terms (please describe terms or attach schedule if based on deliverables): Monthly progress payments to be made on a percent complete basis. Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Preparation of construction plans, details and specifications for the rehabilitation and widening of the West Dartmouth Avenue Bridge over the South Platte River. Colorado Department of Transportation Project # BRO M395-017 (22124) Page 247 of 264 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document): 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 Page 248 of 264 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal.Budget World G/L Start Project Carry Fwd.2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE CITY MANAGER 30 0201 001 0201 Misc. Infrastructure Repairs Ongoing Ongoing 11,894.00 11,894.00 38,552.77 10,478.00 49,030.77 (37,136.77) 30 0201 002 0201 Building Systems Replacement 2014 Ongoing 10,648.70 10,648.70 - 10,648.70 30 0201 004 0201 Branding Monument & Building Signs 2017 250,000.00 250,000.00 - 250,000.00 SUBTOTAL 272,542.70 - - 272,542.70 38,552.77 10,478.00 49,030.77 223,511.93 COMMUNITY DEVELOPMENT 30 0801 001-02 0801 Economic Incentive Prog - Rite Aid 2017 1,665.00 1,665.00 - 1,665.00 30 0801 002 0801 Broadway Improvements 2017 241,610.55 57,796.19 299,406.74 188,698.62 104,858.25 293,556.87 5,849.87 30 0801 003 0803 Paseo Project 2008 50,000.00 (50,000.00) - - - 30 0801 004 0803 Paseo Mid-Block Crossing 2016 7,796.19 (7,796.19) - - - 30 0801 005 Safe Routes to School 2017 285,905.44 285,905.44 13,785.00 4,699.94 18,484.94 267,420.50 SUBTOTAL 586,977.18 - - - 586,977.18 202,483.62 109,558.19 312,041.81 274,935.37 PUBLIC WORKS 30 1001 001 1002 Road and Bridge / Bridge Repairs Ongoing Ongoing 671,529.88 1,494,000.00 (519,806.34) 1,645,723.54 284,175.77 549,756.39 833,932.16 811,791.38 30 1001 002 1002 Bridge Repairs 1994 Ongoing 519,806.34 519,806.34 519,806.34 519,806.34 - 30 1001 003 1004 Transportation System Upgrade 1997 Ongoing 16,153.46 165,000.00 181,153.46 30,262.06 - 30,262.06 150,891.40 30 1001 004 1003 Santa Fe Light Poles 2011 Ongoing 25,000.00 25,000.00 - 25,000.00 30 1001 005 1002 Dartmouth Bridge 2018 2019 1,500,000.00 1,500,000.00 - 1,500,000.00 30 1001 006 1002 Street Lights & Furniture Broadway 2016 Ongoing 50,000.00 40,000.00 90,000.00 - 90,000.00 30 1001 007 1003 Alley Construction 2016 Ongoing 230,388.64 230,388.64 4,908.15 80,091.85 85,000.00 145,388.64 30 1001 008 1001 Concrete Utility - City Share 1998 Ongoing - 280,000.00 280,000.00 280,631.39 280,631.39 (631.39) 30 1002 001 1002 Concrete Program - Accessible Ramps 1996 Ongoing 48,261.06 100,000.00 148,261.06 146,776.13 1,484.87 148,261.00 0.06 30 1005 001 1005 Civic Center Facility Rehab / Repairs 2016 Ongoing 205,602.24 205,602.24 76,042.70 342.12 76,384.82 129,217.42 30 1005 002 1005 Jefferson Facility Rehab / Repairs 2016 Ongoing 252,076.06 252,076.06 89,699.47 - 89,699.47 162,376.59 30 1005 003 1005 Acoma Facility Rehab / Repairs 2016 Ongoing 43,950.03 43,950.03 39,242.54 39,242.54 4,707.49 SUBTOTAL 3,042,961.37 2,079,000.00 - 5,121,961.37 951,738.21 1,151,481.57 2,103,219.78 3,018,741.59 RECREATION 30 1301 001 1301 Broadway Medians/Lighting/Flower Pots 2016 Ongoing 27,266.00 27,266.00 12,750.00 9,960.00 22,710.00 4,556.00 30 1301 003 1301 Tree Maintenance 2017 12,000.00 12,000.00 - 12,000.00 30 1301 004 1201 Library Upgrades 2017 5,183.42 (4,808.42) Close to FB 375.00 375.00 375.00 (0.00) 30 1301 005 1302 ERC Upgrades 2017 50,000.00 500,000.00 550,000.00 - 550,000.00 30 1301 006 1301 Parking Lots / Asphalt -PW 2017 10,397.79 59,028.00 69,425.79 - 69,425.79 SUBTOTAL 0 104,847.21 559,028.00 (4,808.42) 659,066.79 13,125.00 9,960.00 23,085.00 635,981.79 GENERAL GOVERNMENT 1501 Transfer to Capital Projects Fund 2002 Ongoing - 1,667,052.00 1,667,052.00 1,667,052.00 1,667,052.00 - 1501 Transfer to General Fund 2004 Ongoing - 120,272.00 120,272.00 120,272.00 120,272.00 - SUBTOTAL - 1,787,324.00 - 1,787,324.00 1,787,324.00 - 1,787,324.00 - - TOTALS 4,007,328.46 4,425,352.00 (4,808.42) 8,427,872.04 2,993,223.60 1,281,477.76 4,274,701.36 4,153,170.68 Distribution:1,205,899.60 PUBLIC IMPROVEMENT FUND PROJECT STATUS AND FUND BALANCE REPORT October 31, 2018 PIF-18.xlsx 12:41 PM 11/15/2018Page 249 of 264 A B C A+B+C D E D+E A+B+C-D-E New Project Fund Bal.Budget World G/L Start Project Carry Fwd.2018 BUDGET Amend REVISED 2018 2018 TOTAL APPROP. Project Task Division PROJECT Year End Date 12/31/2017 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE PUBLIC IMPROVEMENT FUND PROJECT STATUS AND FUND BALANCE REPORT October 31, 2018 K. Engels, Finance Revenues YTD:Actual Estimate Balance D. Hargrove, Library Vehicle Use Tax 1,591,388.15$ 1,900,000.00$ 308,611.85$ D. Lee, Recreation Building Use Tax 1,880,978.77 1,950,000.00 69,021.23 D. Long, Public Works County Road and Bridge 175,909.03 190,000.00 14,090.97 L. Nimmo, Public Works Safe Routes to School Grant 32,960.00 139,000.00 106,040.00 J. Nolan, Revenue & Budget Transfer from General Fund 500,000.00 500,000.00 - B. Power, CD Interest 53,456.77 50,000.00 (3,456.77) B. Spada, Recreation Total revenues 4,234,692.72 4,729,000.00 494,307.28 P. Weller, Public Works Exp./Enc. Y-T-D 4,274,701.36 8,427,872.04 4,153,170.68 Net Income (40,008.64) (3,698,872.04) FUND BALANCE (1/1/17)5,852,574.70 5,852,574.70 FUND BALANCE 5,812,566.06 2,153,702.66 Plus: Remaining Revenues 494,307.28 Less: Project Approp. Bal.(4,153,170.68) Less: Proj. Bal. adj. for Neg.(37,768.16) (37,768.16) UNAPPROP. FUND BAL. 2,115,934.50$ 2,115,934.50$ PIF-18.xlsx 12:41 PM 11/15/2018Page 250 of 264 A‘.:~Ira:-I-—"r"'-1 'r-=--1::.aI- d-1 -'' .1 un rul- .-_.l.lW.l..I_.Im.[_..u.._u.".I..‘._.._-_._.I “NH- Irll .xv-_.Fa.?....«....Hm.- .3'.....lI}H.,.A‘-u_ I ||J“.W.|mFKix\UIJ_.w‘..|”»1|\NH’u1 ‘ Q.. ..N .._....4...u. -Jaw.,“Ill J-1..u.,....:_m..-J.._...HInJ..m...--an.......E._u..uu.p......i.rr.....u-I-. J.1..?n.- wm_--.u.I.... 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Uma>FmmowOO~<nuF<_ZO ¢<E.E HEM wwmommo?o EQIH mamwm. mxE_u_»I -No3 Page 252 of 264 Avg WeightedCriteria Reviewer Atkins EST Stanley Stantec ScoreMaria 4.5 4.5 4.5 6 4.88QUALIFICATIONSPaul 6 2.25 7.5 6 5.44Wade 6 7.5 7.5 4.5 6.38Total Score 16.5 14.25 19.5 16.5 16.69Maria 84486.00APPROACH TO WORKPaul 78887.75Wade 6 10 8 6 7.50Total Score 2122202221.25Maria 4.5 4.5 4.5 4.5 4.50ABILITY TO FURNISH SERVICESPaul 3.75 4.5 5.25 6 4.88Wade 4.5 4.5 6 6 5.25Total Score 12.75 13.5 15.75 16.5 14.63Maria 42232.75ANTICIPATED DESIGN CONCEPTSPaul 2.5 3.5 3 5 3.50Wade 24433.25Total Score 8.5 9.5 9 11 9.50Consultant Weighted ScoreRFP 2018‐030W Dartmouth Avenue Bridge RehabilitationConsultant RFP Scoring SummaryCDOT Project # BRO M395‐017 (22124)Page 253 of 264 Avg WeightedCriteria Reviewer Atkins EST Stanley Stantec ScoreConsultant Weighted ScoreRFP 2018‐030W Dartmouth Avenue Bridge RehabilitationConsultant RFP Scoring SummaryCDOT Project # BRO M395‐017 (22124)Maria 42232.75ALTERNATIVE METHODSPaul 3.5 4 3.5 3 3.50Wade 33734.00Total Score 10.5 9 12.5 9 10.2569.25 68.25 76.75 75.00 72.31Top three firms will be scheduled for an interviewSCORE BY REVIEWERMaria 25 17 17 24.5 20.88Paul 22.75 22.25 27.25 28 25.06Wade 21.5 29 32.5 22.5 26.38TOTAL CONSULTANT SCORE 69.25 68.25 76.75 75.00 72.31TOTAL CONSULTANT SCOREPage 254 of 264 Avg Weighted Criteria Reviewer Atkins EST Stanley Stantec Score Maria #DIV/0! ABILITIES OF PERSONNEL Paul 4.5 4.5 6 4.5 4.88 Wade 4.5 7.5 7.5 7.5 6.75 Larry 4.5 6 7.5 4.5 5.63 Chuck 46765.75 Total Score 17.5 24 28 22.5 23.00 Maria #DIV/0! PAST PERFORMANCE Paul 34533.75 Wade 24433.25 Larry 25533.75 Chuck 4 4.5 4.5 4 4.25 Total Score 11 17.5 18.5 13 15.00 Maria #DIV/0! WILLINGNESS TO MEET THE Paul 4.5 6 6 3 4.88 TIME AND BUDGET REQUIREMENT Wade 6 6 6 5.25 5.81 Larry 36665.25 Chuck 54675.50 Total Score 18.5 22 24 21.25 21.44 Maria #DIV/0! LOCATION Paul 33333.00 Wade 45554.75 Larry 35444.00 Chuck 44444.00 Total Score 14 17 16 16 15.75 Maria #DIV/0! CURRENT AND PROJECTED Paul 23433.00 WORKLOAD Wade 34454.00 Larry 24443.50 Chuck 43433.50 Total Score 11 14 16 15 14.00 Maria #DIV/0! VOLUME OF PREVIOUSLY Paul 24433.25 AWARDED CONTRACTS Wade 44544.25 Larry 14533.25 Chuck 33333.00 Total Score 10 15 17 13 13.75 Maria #DIV/0! INVOLVEMENT OF Paul 33433.25 MINORITY CONSULTANTS Wade 14533.25 Larry 13432.75 Chuck 44444.00 Total Score 9 14 17 13 13.25 91.0 123.5 136.5 113.8 116.2 SCORE BY REVIEWER Atkins EST Stanley Stantec Maria #DIV/0! Paul 22.0 27.5 32.0 22.5 26.0 Wade 24.5 34.5 36.5 32.8 32.1 Larry 16.5 33.0 35.5 27.5 28.1 Chuck 28.0 28.5 32.5 31.0 30.0 TOTAL CONSULTANT SCORE 91.0 123.5 136.5 113.8 116.2 RFP Scoring Summary Totals 69.25 68.25 76.75 75.0 CONSULTANTS TOTAL SCORE 160.3 191.75 213.25 188.8 Consultant Weighted Score TOTAL CONSULTANT SCORE RFP 2018‐030 W Dartmouth Avenue Bridge Rehabilitation Consultant RFP Interview Summary CDOT Project # BRO M395‐017 (22124) Page 255 of 264 1 Paul Weller From:Cole - CDOT, Cathy <cathy.cole@state.co.us> Sent:Thursday, December 6, 2018 3:26 PM To:Paul Weller Subject:Re: FW: 22142 Dartmouth Bridge Hi Paul, I have reviewed the Professional Services Agreement for the Dartmouth Avenue Bridge Rehabilitation Project (22124) and approve the document as submitted. Thank you for adding the language on page 35. Please make sure CDOT is listed as an Additional Insured on all commercial general liability policies in accordance with the limits stated in the IGA. Thank you, Cathy Prachyl Cole, PE CDOT Region 1 Local Agency Engineer P 303.512.4090 | F 303.757.9053 2829 W. Howard Pl., Denver CO 80204 cathy.cole@state.co.us | https://www.codot.gov | www.cotrip.org The linked image cannot be displayed. The file may have been The linked image cannot be displayed. The file may have been The linked image cannot be displayed. The file may have been On Thu, Dec 6, 2018 at 1:15 PM Paul Weller <pweller@englewoodco.gov> wrote: Cathy,   I’ve attached the signed agreement with Stanley Consultants.  Please see paragraph 35 for the required CDOT  language.   The agreement has been provided to our City Attorney for review and we are going to present it to our City  Council for approval on January, 7th, 2019.  Stanley Consultants will be completing CDOT Form 1331 which I will send to  you as soon as I receive it.   Please let me know if you need anything else.  Will CDOT issue a formal concurrence or approval of this contract? Page 256 of 264 Dan was Emma <2:9.3..$22 Zo. §:~E:m 3; _ 33.3 9%O1m§m_00232 3* BE...;=>_xQ§.? ~01»01:02rmeamw <9a2Zma?G_._.<omMZOFMQOOU mcmamne 023:8:=:m8$__<HEvsmmim83n_:amGuam?Oozmqcozos.m=<:o=32§_,C: ?:mna__m:mo:mea35.33nsocacqmznn2:02:23. mm.WOa<m:nEm_:m_m oa zmocimcE~o<_m_o2m Smonoamsnm2::2.58:3o?_.no:m3m_>mRm3n_:5:2xnooo?cm:<mn:En mB8 omOo_oSao.Unvmnani o3.B:mco:m:o:mugQ._.<ommzmrméoou.EnmB8_.oR3\9233 Ea 292.0:8 2:m23%2::2.:_.:n_:aw Uammm:ea832.3233%2:2.525%wmmnmonn_.m:mmm3mE:::mmam:mE:Qmamm:Eo:Nm:o:..28 8:: m:o:3¢E:on;:o,<Soanmmng3mN__.So.8.>:9<mass."0..a 33...um:omEn o1m3m_>m8n3n_:mam 3_u_mnommw._.=.=0. .2683:osncaaamsnmmmmEms:o?_:m33..manu:Eniocmouzosm2:.on w3o:a:._n:.m a :02 mn__.So.8,mm 339333mz__=.=OL..2683:9_%.%._33%83:3m?inam mooamoananaSE2 :5 >m8m_:Q:3.5:: So839m_.dfao..5mm332533m1.=.:O-.. .28022.3038o?_:mouzos3:25cue:mE:.o<m_o?:mmmzn0o::o:Q 3 q?omma. >E._~o<>rm m.0_.N .5...2._.:n_S=_ooum_..Oo<a:.oa \Oman”g\N\NQ\\ ~\uWw%._om_:§_La€uJ.._v.m..O31.m:m_.=nQ mo:?:n_§a__u.5...?mxnn::<n9320?Qo_oEmoUoumzanz.o3.B:muo:m:o: >rr0O2.:~>O._.macmemm>E._~o<mc3 15 mean DOZ._._~O_LFm? mummK-u_.-~S_.3::.8:3ms:Oo_:3=nn8uE.no<a9:was Dozcén?.._._:m03:35 _m:3 5:3 5:: 5:2.5:.9:2.3.9..3.:8wasOo=:.o=2.anmlomwnm.Oo:=.mn8..:=3 E:_5:~2_8 sum? uo1.o_.=§:on:3:£5:2:3.=.Oo=nZ.o8~.want;um1.o..=m=n_:._o_.2.268.:8 was 3.Oo_o3:_o mm:3 %_...u..a.....8cue0o=:.un8_.3..2:”:_.n1d..=§=amS.3..max«comm2&3 m?inam vno<E2_—.2.m=:._2.. ms:Oo=:.o=2. Noam:.3 E»..5 D39 Eb Erna 10 n O_.>nuSoooom?352: _ Wo::=mnu_m.:>_.v.n.ooo,:.NZooo_ Uon:::.._:m=__._2 Qa:nn:n._ W3 5 8 Ba :8 2 So 3..Page 257 of 264 Page 258 of 264 Page 259 of 264 COUNCIL COMMUNICATION TO: Mayor and Council FROM: John Voboril DEPARTMENT: Community Development DATE: January 7, 2019 SUBJECT: Resolution to Accept Colorado Department of Transportation (CDOT) Transportation Demand Management (TDM) Grant Funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project DESCRIPTION: Resolution to Accept Colorado Department of Transportation (CDOT) Transportation Demand Management (TDM) Grant Funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project RECOMMENDATION: Community Development recommends approval of a Resolution to accept CDOT TDM grant funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project. PREVIOUS COUNCIL ACTION: City Council approved the Englewood Light Rail Corridor Station Area Plan (2013), the Englewood Light Rail Corridor Next Steps Study (2015), and the Englewood Walk and Wheel Master Plan and Program (2015), all of which highlighted Oxford Avenue as a high priority bicycle improvement project for the City. SUMMARY: Community Development submitted an application for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings project to the Denver Regional Council of Governments (DRCOG) TDM pool call for projects in December of 2017. The Oxford Avenue project was selected for funding and was approved by the DRCOG Board of Directors in May of 2018. Community Development began working with CDOT to draft an Inter-Governmental Agreement (IGA) for grant funding management and reimbursement, which will be presented to Council on First Reading at the January 22, 2019 regular Council meeting, should the Resolution be approved. Council must approve the IGA in order to move forward with the project. ANALYSIS: Oxford Avenue was identified as one leg of a light rail station bicycle loop system that also included Clarkson and Dartmouth Avenues in the original Englewood Light Rail Corridor Station Area Master Plan. Oxford Avenue is also highlighted in the Englewood Walk and Wheel Master Plan as a Quick Win bicycle project. Community Development contracted with OV Consultants for 100% engineering design work. The project design features sharrow markings along the stretch of Oxford Avenue from Clarkson Street to Broadway, and bicycle lane markings from Page 260 of 264 Broadway to Windermere Street/Oxford Light Rail Station. The project proposal also includes funding for additional bicycle parking at the Oxford Light Rail Station. Community Development submitted an application to DRCOG for implementation of the Oxford Avenue Bicycle Lanes and Sharrow Markings project as a shovel ready project. FINANCIAL IMPLICATIONS: The grant award is for $87,138.00 (82.79%) in federal transportation funds. The City’s local match is $18,144.00 (17.21%) to be paid out of the Community Development professional services budget. Total project cost is $105,252.00. ATTACHMENTS: Resolution to Accept CDOT TDM Grant Funding for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project Page 261 of 264 1 RESOLUTION NO. ____ SERIES OF 2019 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S COMMUNITY DEVELOPMENT DEPARTMENT’S APPLICATION AND ACCEPTANCE OF THE COLORADO DEPARTMENT OF TRANSPORATION (CDOT) TRANSPORTATION DEMAND MANAGEMENT (TDM) GRANT FUNDS FOR THE OXFORD AVENUE FIRST AND LAST MILE CONNECTIONS BICYCLE LANES AND SHARROW MARKINGS PROJECT WHEREAS, the Colorado Department of Transportation (CDOT) administers federal and state funds to provide monies for the development of enhanced transportation projects throughout the State of Colorado; WHEREAS, CDOT currently administers a program which provides grant funds for Transportation Demand Management (TDM) projects; WHEREAS, both the 2013 Englewood Light Rail Corridor Station Area Master Plan, and the 2015 Englewood Walk and Wheel Master Plan and Program have identified Oxford Avenue as a high priority bicycle improvement project for the City; WHEREAS, the grant funds will assist the City in constructing Sharrow lane markings along Oxford Avenue from Clarkson Street to Broadway and bicycle lane markings along Oxford Avenue from South Broadway to South Windermere/Oxford Light Rail Station, including funding for additional bicycle parking at the Oxford Light Rail Station; WHEREAS, the Community Development Department submitted an application to the Denver Regional Council of Governments (DRCOG) TDM call for projects, and the Oxford Avenue project was selected for funding; and WHEREAS, the Community Development Department grant application will request $87,138.00 in grant funds with a required local City of Englewood match of $18,144 which will come from the Community Development Department’s professional services budget. The total project cost is $105,252. 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 authorizes the application and acceptance of the Colorado Department of Transportation (CDOT) Transportation Demand Management (TDM) grant funds for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project attached hereto as Exhibit A. Section 2. Federal funds are being used for the project. Page 262 of 264 2 ADOPTED AND APPROVED this 7th day of January, 2019. 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 2019. Stephanie Carlile, City Clerk Page 263 of 264 Page 264 of 264