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2019-05-20 (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, May 20, 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 May 6, 2019. City Council Regular - 06 May 2019 - 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 present ation to Council may be submitted to the City Clerk as the speaker approaches the podium. A USB port is available for public presentation. a. Dustin Jones with Ogilvie Properties, Inc. will address Council. b. Kelsey Renner, an Englewood resident, will address Council regarding the ALTA Englewood PUD. c. JJ Margiotta, an Englewood resident, will address Council. d. Jerry Walker, an Englewood resident, will address Council. e. Elaine Hults, an Englewood resident, will address Council. f. Kathleen Bailey, an Englewood resident, will address Council regarding honoring our incredible police officers and concerns regarding our storm water infrastructure. g. Doug Cohn, an Englewood resident, will address Council regarding historic preservation. 7. Recognition of Unscheduled Public Comment 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 presentatio n 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. Council Member Response to Public Comment. Page 1 of 460 Englewood City Council Regular Agenda May 20, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 8. Communications, Proclamations, and Appointments a. Declaring May 23, 2019 as Englewood Creates Day Celebrating Artists, Entrepreneurs and Creative Businesses in Englewood. Englewood Creates Day Proclamation 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. CB 21 - Small Cell License Agreement CB 21 - Pdf Staff recommends City Council approve a Bill for an Ordinance authorizing the administrative approval of Small Cell Facilities and Small Cell Network License Agreements between the City of Englewood and various telecommunication companies. Staff: Deputy City Attorney Dugan Comer ii. CB 23 - IGA Amendment for Englewood Trolley Cost Sharing CB 23 - Pdf Staff recommends City Council approve a Bill for Ordinance authorizing the Fifth Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing the operation of the Englewood Trolley. Staff: Planning Manager Wade Burkholder b. Approval of Ordinances on Second Reading. i. CB 18 - MOU City of Englewood and Arapahoe County Sheriff MARS truck CB 18 -Pdf Staff recommends City Council approve, by Ordinance, a memorandum of understanding between the Arapahoe County Sheriff's Office and the City of Englewood to utilize a Mobile Adjustable Ramp System (MARS) truck in public safety instances requiring this equipment. Staff: Deputy Police Chief Sam Watson ii. CB 19 - South Platte River IGA CB 19 - Pdf Staff recommends City Council approve, by Ordinance, the attached Intergovernmental Agreement in order to participate in the South Platte River Improvements Project in Arapahoe County, managed by Urban Drainage and Flood Control District. Staff: Acting Parks, Recreation and Library Director Dave Lee c. Resolutions and Motions i. Crosswalk Guidelines Pdf Staff recommends City Council approve the proposed Marked Crosswalk Guidelines. Staff: Traffic Engineer Chuck Huffine Page 2 of 460 Englewood City Council Regular Agenda May 20, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. ii. A Request to Transfer Funds from the General Fund to the Public Improvement Fund for the Oxford Avenue: First and Last Mile Connection Grant Match Pdf Staff recommends City Council approve, by Resolution, transferring funds from the general fund to the public improvement fund for Community Development's portion of the Oxford Avenue: First and Last Mile Connect grant. Staff: Planning Manager Wade Burkholder iii. Contract for Purchase of Sand, Aggregate, and Road Materials Pdf Staff recommends City Council approve, by Resolution, a contract for the purchase of sand, aggregate, and road materials under the terms of the City of Thornton, Colorado Front Range Multiple Assembly of Procurement Officials (MAPO) Cooperative Purchasing Agreement in an amount not to exceed $300,000. Staff: Public Works Director Maria D'Andrea 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading i. CB 22 - Park Rules and Regulations CB 22 - Pdf Staff recommends City Council approve a Bill for an Ordinance for Park Rules and Regulations. Staff: Acting Parks, Recreation and Library Director Dave Lee ii. CB 1 - Ordinance to approve the ALTA Englewood Station Planned Unit Development - District Plan CB 1 - Pdf Staff recommends City Council approve a Bill for an Ordinance for the ALTA Englewood Station Planned Unit Development (PUD) Staff: Planning Manager Wade Burkholder b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. Award of Contract to TerraCare Associates, LLC for EEF Landscaping and Ground Maintenance Services Pdf Staff recommends City Council approve, by Motion, a contract with TerraCare Associates, LLC for landscaping, day porter, and ground maintenance services on the Englewood Environmental Foundation (EEF) property in an amount not to exceed $133,500. Staff: Public Works Director Maria D'Andrea ii. Englewood Environmental Foundation (EEF) Audit Contract with Eide Bailly Pdf Staff recommends City Council approve, by Motion, a contract with Eide Bailly to audit EEF. Staff: Finance and Administrative Services Director Maria Page 3 of 460 Englewood City Council Regular Agenda May 20, 2019 Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. Sobota iii. Police Headquarters Building Project: Award of Contract to Clear-Armor, LLC for Ballistic Glass Film Pdf Staff recommends City Council approve, by Resolution, a contract to Clear- Armor, LLC in the amount of $181,050.00 for the purchase and installation of ballistic film. Staff: Public Works Director Maria D'Andrea iv. Handbook for Boards, Commissions and Committees Pdf Staff requests City Council approve, by Motion, the Handbook for Boards, Commissions, and Committees. Staff: City Attorney Alison McKenney Brown v. Resolution regarding salary adjust: City Attorney Pdf The City Attorney requests City Council approve, by Resolution, Establishing the Annual Salary of the City Attorney. Staff: City Attorney Alison McKenney Brown 12. General Discussion a. Mayor's Choice i. Executive Session - For discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. b. Council Members' Choice 13. City Manager’s Report 14. City Attorney’s Report 15. Adjournment Page 4 of 460 MINUTES City Council Regular Meeting Monday, May 6, 2019 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 7:07 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 Assistant City Clerk Truscott Reed Director Sobota, Finance and Administrative Services Director Gonzalez, Human Resources Director D'Andrea, Public Works Director Brennan, Utilities Director Power, Community Development Director Van Ry, South Platte Water Renewal Partners Director Brocklander, Information Technologies Acting Director Lee, Parks/Recreation and Library Page 1 of 14 Draft Page 5 of 460 City Council Regular May 6, 2019 Planning Manager Burkholder, Community Development Planner II Sampson, Community Development Administrative Support Specialist Fenton, Community Development Technical Support Specialist II Munnell,Information Technology Police Commander Watson, Police Department Police Officer Martinez, Police Department 5 Consideration of Minutes of Previous Session a) Minutes of the Regular City Council Meeting of April 15, 2019. Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF APRIL15, 2019. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Marcia Brown, an Englewood resident, addressed Council regarding development. b) Jerry Walker, an Englewood resident, addressed Council regarding outside legal counsel. c) Elaine Hults, an Englewood resident, addressed Council regarding City Council and the needs of the citizens. d) Vicki Hoffmann addressed Council regarding an emergency operations plan. e) Kathleen Bailey, an Englewood resident, addressed Council regarding the need for a 2019 storm water enterprise fund ballot measure and other major concerns for the record. f) Chris Linhof, an Englewood resident, addressed Council regarding code violations and summons. g) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. Page 2 of 14 Draft Page 6 of 460 City Council Regular May 6, 2019 h) Greg Johnson, an Englewood resident, addressed Council regarding the usage of pesticides along public paths and nature. i) Jan Brown, an Englewood resident, addressed Council regarding Code Enforcement. 7 Recognition of Unscheduled Public Comment a) Maureen White, an Englewood resident, addressed Council regarding Englewood Municipal Code and the development of Englewood. b) Jason Sakry, an Englewood resident, addressed Council regarding development and small businesses. c) Dagen Thomas, an Englewood resident, addressed Council regarding challenges of small businesses and licensing. d) C. Ann Dickerson, an Englewood resident, addressed Council regarding high density and development. e) Mark Reister, an Englewood resident, addressed Council regarding homelessness along the Platte River. f) Nicole Langdorf, an Englewood resident, addressed Council regarding development. g) Mike Jones, an Englewood resident, addressed Council regarding Council Member email use. Mayor Olson responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Mayor Pro Tem Russell removed Agenda Item 9(b)(i) and 9(c)(i) from Consent Agenda. a) Approval of Ordinances on First Reading i) CB 18 - MOU City of Englewood and Arapahoe County Sheriff MARS truck COUNCIL BILL NO. 18, INTRODUCED BY COUNCIL MEMBER WINK A BILL FOR AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, ACTING ON BEHALF OF THE ARAPAHOE COUNTY SHERIFF’S OFFICE (ACSO) AND THE LAW ENFORCEMENT AGENCIES IN THE NORTH CENTRAL REGION/URBAN AREA Page 3 of 14 Draft Page 7 of 460 City Council Regular May 6, 2019 SECURITY INITIATIVE (NCR/UASI) THAT HAVE COMMAND OVER SINGLE OR MULTI AGENCY TACTICAL TEAMS: ADAMS COUNTY SHERIFF’S OFFICE, AURORA POLICE DEPARTMENT, BOULDER COUNTY SHERIFF’S OFFICE, BOULDER POLICE DEPARTMENT, BROOMFIELD POLICE DEPARTMENT, CLEAR CREEK COUNTY SHERIFF’S OFFICE, COMMERCE CITY POLICE DEPARTMENT (COMMERCE CITY- BRIGHTON SWAT), DENVER POLICE DEPARTMENT (DPD), DOUGLAS COUNTY SHERIFF’S OFFICE, ENGLEWOOD POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, JEFFERSON COUNTY SHERIFF’S OFFICE, LAKEWOOD POLICE DEPARTMENT (WEST METRO SWAT), LITTLETON, POLICE DEPARTMENT, THORNTON POLICE DEPARTMENT (NORTHGLENN-THORNTON SWAT), WESTMINSTER POLICE DEPARTMENT, (“PARTICIPATING AGENCY”) (COLLECTIVELY, “PARTICIPATING AGENCIES” OR “PARTIES”), IN CONNECTION WITH THE USE OF THE MOBILE ADJUSTABLE RAMP SYSTEM (MARS) TRUCK. b) Approval of Ordinances on Second Reading. i) CB 11 - Comcast Franchise Extension [Clerks note: This agenda item was removed from the Consent Agenda Motion and considered independently.] Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink ORDINANCE NO. 21, SERIES OF 2019 (COUNCIL BILL NO. 11, INTRODUCED BY COUNCIL MEMBER MARTINEZ) AN ORDINANCE EXTENDING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND AST OF COLORADO IX, LLC, ON A MONTH TO MONTH BASIS. For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 5 2 0 Motion CARRIED. Page 4 of 14 Draft Page 8 of 460 City Council Regular May 6, 2019 ii) CB 12 - MOU City of Englewood and Arapahoe County Human Services ORDINANCE NO. 18, SERIES OF 2019 (COUNCIL BILL NO. 12, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING 2019 – 2023 BETWEEN ARAPAHOE COUNTY DEPARTMENT OF HUMAN SERVICES CHILD PROTECTION SERVICES AND ARAPAHOE COUNTY SHERIFF’S OFFICE, ARAPAHOE COMMUNITY COLLEGE CAMPUS POLICE DEPARTMENT, AURORA POLICE DEPARTMENT, TOWN OF BOW MAR POLICE DEPARTMENT, CHERRY HILLS VILLAGE POLICE DEPARTMENT, ENGLEWOOD POLICE DEPARTMENT, GLENDALE POLICE DEPARTMENT, COLUMBINE VALLEY POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, LITTLETON POLICE DEPARTMENT, SHERIDAN POLICE DEPARTMENT TO PROVIDE A COOPERATIVE WORKING RELATIONSHIP BETWEEN LAW ENFORCEMENT AND ARAPAHOE COUNTY HUMAN SERVICES FOR THE INVESTIGATION OF CHILD ABUSE AND NEGLECT CASES. iii) CB 15 - SPWRP - Memorandum of Understanding for the Delineation of Ownership of Interceptors ORDINANCE NO. 19, SERIES OF 2019 (COUNCIL BILL NO. 15, INTRODUCED BY COUNCIL MEMBER RUSSELL) AN ORDINANCE APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LITTLETON AND CITY OF ENGLEWOOD AS OWNERS OF THE SOUTH PLATTE WATER RENEWAL PARTNERS WASTEWATER TREATMENT PLANT CLARIFYING THE OWNERSHIP OF THE LITTLETON 66” INTERCEPTOR PIPELINE, ENGLEWOOD BIG DRY CREEK INTERCEPTOR AND THE ENGLEWOOD BATES INTERCEPTOR. iv) CB 16 - IGA with Denver Urban Area Security Initiative (UASI) ORDINANCE NO. 20, SERIES OF 2019 (COUNCIL BILL NO. 16, INTRODUCED BY COUNCIL MEMBER WINK) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT (URBAN AREA SECURITY INITIATIVE) BETWEEN THE CITY AND COUNTY OF DENVER, COLORADO AND THE CITY OF ENGLEWOOD, COLORADO. c) Resolutions and Motions i) Contract for Outside Plan Reviews and Inspections Page 5 of 14 Draft Page 9 of 460 City Council Regular May 6, 2019 [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 Professional Services Agreement with AEC-West Code Consultants not to exceed the amount of $130,000.00 for plan review and inspection services. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink x 6 1 0 Motion CARRIED. Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Motion to approve Consent Agenda Items 9 (a) (i) and 9(b)(ii-iv) For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 7 0 0 Motion CARRIED. The meeting recessed at 8:38 p.m. for a break. The meeting reconvened at 8:45 p.m. with all Council Members present. 10 Public Hearing Items a) ALTA Englewood Station Planned Unit Development (PUD) - District Plan Page 6 of 14 Draft Page 10 of 460 City Council Regular May 6, 2019 Public Hearing Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink TO OPEN THE PUBLIC HEARING FOR ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) - DISTRICT PLAN. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. All testimony was given under oath. Community Development Planning Manager Wade Burkholder presented information regarding the Public Hearing on the ALTA Englewood Station Planned Unit Development (PUD). Dustin Jones with Ogilvie Properties, Wendi Birchler with Norris Design, Marcus Pachner with The Pachner Company, Michael Moore with Harris Kocher Smith, and Clay Iman with Wood Partners presented information and answered questions from Council. 6 citizens spoke in favor of the ALTA Englewood Station Planned Unit Development (PUD). 3 citizens wrote in letters in favor of the ALTA Englewood Station Planned Unit Development (PUD). 14 citizens spoke in opposition of the ALTA Englewood Station Planned Unit Development (PUD). Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez TO CLOSE THE PUBLIC HEARING FOR ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) - DISTRICT PLAN. Page 7 of 14 Draft Page 11 of 460 City Council Regular May 6, 2019 For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez Motion to table making a decision regarding the ALTA Englewood Station Planned Unit Development (PUD) - District Plan until May 20, 2019. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez (Seconded By) x Cheryl Wink x 7 0 0 Motion CARRIED. 11 Ordinances, Resolutions and Motions [Clerks note: The following agenda items were considered in the following order: 11(c)(ii), 11(c)(iii), 11(c)(v), 11(a)(i), 11(c)(i), then 11(c)(iv).] a) Approval of Ordinances on First Reading i) CB 19 - South Platte River IGA Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER RUSSELL A BILL FOR AN ORDINANCE AUTHORIZING AN Page 8 of 14 Draft Page 12 of 460 City Council Regular May 6, 2019 INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN THE SOUTH PLATTE RIVER IMPROVEMENTS PROJECT IN ARAPAHOE COUNTY, MANAGED BY THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND TITLED “AGREEMENT REGARDING A RIVER IMPROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY” REGARDING THE FINAL DESIGN OF IMPROVEMENTS TO THE RIVER CORRIDOR BETWEEN DARTMOUTH AVENUE ON THE NORTH AND BREWERY LANE TO THE SOUTH, PURSUANT TO AGREEMENT NO. 18-11.01 BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, ARAPAHOE COUNTY OPEN SPACE, THE CITY OF SHERIDAN, THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT AND CITY OF LITTLETON. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading (See agenda items 9 (b) (i-iv).) c) Resolutions and Motions i) Motion to Approve PSA / 19-31 for Financial Advisory Services Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to table the approval of a one year contract, not to exceed $50,000.00, with a two year annual renewable option with Stifel, Nicolaus & Company, Incorporated. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine (Moved By) x Page 9 of 14 Draft Page 13 of 460 City Council Regular May 6, 2019 Dave Cuesta x Amy Martinez x Cheryl Wink x 2 5 0 Motion DEFEATED. Moved by Council Member Othoniel Sierra Seconded by Council Member Cheryl Wink Approval of a one year contract, not to exceed $50,000.00, with a two year annual renewable option with Stifel, Nicolaus & Company, Incorporated. For Against Abstained Othoniel Sierra (Moved By) x Cheryl Wink (Seconded By) x Linda Olson x Rita Russell x Laurett Barrentine x Dave Cuesta x Amy Martinez x 5 2 0 Motion TABLED. ii) Professional Services Agreement for Legal Services- Water Rights Counsel Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval of a Professional Service Agreement in an amount not to exceed $600,000.00 with Berg, Hill, Greenleaf & Ruscitti for legal representation as part of the City's water resource management team. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Page 10 of 14 Draft Page 14 of 460 City Council Regular May 6, 2019 Motion CARRIED. iii) Professional Services Agreement for Engineering Services - Water Rights Engineering Moved by Council Member Rita Russell Seconded by Council Member Cheryl Wink Approval of a Professional Services Agreement in an amount not to exceed $400,000.00 with Martin and Wood Water Consultants Inc. for engineering services as part of the city's water resource management team. For Against Abstained Linda Olson x Rita Russell (Moved By) x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. iv) Handbook for Boards, Commissions and Committees [Clerks note: This agenda was moved for consideration at the May 20, 2019 Regular Council Meeting.] v) Police Headquarters Building Project: Adolfson & Peterson Construction Change Order Moved by Council Member Cheryl Wink Seconded by Council Member Othoniel Sierra Approval of: 1) a change order with Adolfson and Peterson Construction, Inc. in the amount of $940,683.69; and 2) rescinding approval of the previously approved change order, in the amount of $811,935.98, which was approved on March 15, 2019 for some of these same items. For Against Abstained Linda Olson x Rita Russell x Othoniel Sierra (Seconded By) x Laurett Barrentine x Page 11 of 14 Draft Page 15 of 460 City Council Regular May 6, 2019 Dave Cuesta x Amy Martinez x Cheryl Wink (Moved By) x 5 2 0 Motion CARRIED. 12 General Discussion a) Mayor's Choice [Clerks note: The following agenda items were considered in the following order: 12(a)(ii), then 12(a)(i).] i) Executive Session - For discussion of a personnel matter under C.R.S. Section 24-6-402(2)(f) and not involving: any specific employees who have requested discussion of the matter in open session; any member of this body or any elected official; the appointment of any person to fill an office of this body or of an elected official; or personnel policies that do not require the discussion of matters personal to particular employees. Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to table the Executive Session for consideration at the May 20, 2019 Regular City Council Meeting. For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. ii) Resolution regarding the Annual Salary of the City Attorney Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez Motion to approve a Resolution establishing the annual salary for the City Attorney of the City of Englewood, Colorado. Page 12 of 14 Draft Page 16 of 460 City Council Regular May 6, 2019 Discussion ensued. Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to table this agenda item until the Regular Council meeting of May 20, 2019. For Against Abstained Linda Olson (Moved By) x Rita Russell x Othoniel Sierra x Laurett Barrentine x Dave Cuesta x Amy Martinez x Cheryl Wink (Seconded By) x 7 0 0 Motion CARRIED. b) Council Members' Choice i) Discussion ensued regarding the contract for the Englewood Environmental Foundation (EEF) Audit. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to bring forward a contract with Ide Bailey for the Englewood Environmental Foundation (EEF) audit. For Against Abstained Linda Olson x Rita Russell (Seconded By) x Othoniel Sierra x Laurett Barrentine (Moved By) x Dave Cuesta x Amy Martinez x Cheryl Wink x 7 0 0 Motion CARRIED. 13 City Manager’s Report Page 13 of 14 Draft Page 17 of 460 City Council Regular May 6, 2019 14 City Attorney’s Report 15 Adjournment MAYOR OLSON MOVED TO ADJOURN. The meeting adjourned at 12:03 a.m. City Clerk Page 14 of 14 Draft Page 18 of 460 P R O C L A M A T I O N Proclaiming Thursday, May, 23 2019 as Englewood Creates Day Celebrating Artists, Entrepreneurs and Creative Businesses in Englewood WHEREAS, Englewood has a strong and diverse mix of businesses including artists, cultural, and creative businesses that are significant contributors to the local economy by providing jobs, opportunity, and linkages to innovation; WHEREAS, Englewood is supportive of the growth, retention and attraction of artists and creative businesses by providing access to a range of business resources; WHEREAS, in 1996 Englewood established the Cultural Arts Commission in recognition that the arts and humanities enhance every aspect of life – improving our economy, enriching our civic life, and driving tourism; WHEREAS, the Englewood Forward Comprehensive Plan supports the collaboration and partnerships with cultural arts groups, organizations, and institutions to deliver a diverse mix of cultural and artistic programs, activities, exhibits, and performances to the Englewood community; WHEREAS, Englewood has forged strong and productive partnerships to support this endeavor, including with the Aurora South-Metro Small Business Development Center, which offers small business training opportunities specifically geared to artist entrepreneurs and creative businesses; WHEREAS, Englewood commemorates the significance of artist entrepreneurs and creative businesses by supporting Englewood Creates Day on Thursday, May 23 with a networking reception at the Black Cube Headquarters from 5:00 PM to 8:00 PM. NOW, THEREFORE, I, Linda Olson, Mayor of Englewood, Colorado do hereby proclaim: Thursday, May 23, 2019 Official Englewood Creates Day In Englewood, Colorado AND, invite all artist entrepreneurs and creative businesses to attend the celebration and networking event on Thursday, May 23 beginning at 5:00 PM at the Black Cube Headquarters at 2925 South Umatilla Street, Englewood, Colorado 80110. GIVEN under my hand this 20th day of May, 2019. ____________________________________ Linda Olson, Mayor, City of Englewood Page 19 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: May 20, 2019 SUBJECT: CB 23 - IGA Amendment for Englewood Trolley Cost Sharing DESCRIPTION: CB 23 - IGA Amendment for Englewood Trolley Cost Sharing RECOMMENDATION: Staff recommends City Council adopt a Bill for Ordinance authorizing the Fifth Amendment to the Intergovernmental Agreement between the City of Englewood and the Regional Transportation District (RTD) for cost sharing the operation of the Englewood Trolley. PREVIOUS COUNCIL ACTION: Council approved an Intergovernmental Agreement (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle (Englewood Trolley) by Ordinance 50, Series of 2004; by Ordinance 66, Series 2007; by Ordinance 10, Series of 2008; by Ordinance 8, Series of 2009; by Ordinance 4, Series of 2010; Ordinance 5, Series of 2011; by Ordinance 9, Series of 2012; by Ordinance 3, Series of 2013; by Ordinance 10, Series of 2014; by Ordinance 5, Series of 2015; by Ordinance 12, Series of 2016; by Ordinance 9, Series of 2017; and Ordinance 4, Series 2018. SUMMARY: In 2014, RTD added a provision to their standard Intergovernmental Agreement (Paragraph 10H) that provides for either party to amend the agreement (see attached 2014 RTD IGA.) Under this Fifth Amendment, RTD will reimburse the City 100% of all net operating costs as set forth in Exhibit B of the IGA, less estimated farebox revenue. The total budget for 2019 Englewood Trolley operations is $429,592, composed of operating expenses of $399,192 and estimated fuel costs of $30,400. As with the prior agreements, the City will also provide fuel to reduce costs by eliminating state and federal gasoline taxes. The City will reimburse RTD an amount equal to the farebox revenue ($75,000) that would have been collected had the Englewood Trolley operated as a fare service rather than a free service. The amount of the compensation was determined through a survey of riders conducted in October 2018. The survey results indicated the number of riders that did not have a bus pass or transfer and would be subject to the standard, reduced senior or student fare, which is the basis for the farebox revenue calculation. For calendar year 2019, the total program cost is $429,592 of which RTD’s portion is $354,592, and the City’s portion is $75,000. Page 20 of 460 This is the fifth and final amendment under this current IGA; staff is writing an RFP to be posted in June for future years of service. FINANCIAL IMPLICATIONS: RTD will reimburse the City for all contract and fuel costs less the farebox revenue fare amount. For the contract period the estimated farebox revenue amount is $75,000 and is included in the approved 2019 Community Development Department budget. The IGA provides a significant portion of the financial resources necessary to expand the trolley level of service, operating Monday through Friday, 6:30 am to 8:00 pm at no cost to riders. ATTACHMENTS: Council Bill #23 Contract Summary Sheet Fifth Amendment to Funding Agreement 2014 IGA Trolley Ridership Page 21 of 460 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 23 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN AN ORDINANCE AUTHORIZING A FIFTH AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT AMENDING THE ENGLEWOOD TROLLEY COST SHARING INTERGOVERNMENTAL AGREEMENT BETWEEN THE REGIONAL TRANSPORTATION DISTRICT AND THE CITY OF ENGLEWOOD WHEREAS, Council has approved Intergovernmental Agreements (IGA) between the City and the Regional Transportation District (RTD) for funding of the Englewood Circulator Shuttle from 2004 through 2016; WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 10H), for 2015. This allows for a simple amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change, which the Englewood City Council authorized by the passage of Ordinance No. 5, Series of 2015; WHEREAS, in 2014, RTD added a provision to their standard Intergovernmental Agreement that provides for either party to amend only the financial commitment under the agreement (Paragraph 10H), for 2015; WHEREAS, the Englewood City Council authorized a Second Amendment to IGA entitled “Funding Agreement for RTD Funding of Local Transportation Services” (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado by the passage of Ordinance No. 12, Series of 2016; WHEREAS, the Englewood City Council authorized a Third Amendment to the IGA entitled “Funding Agreement for RTD Funding of Local Transportation Services” (Englewood Art Shuttle) between the Regional Transportation District (RTD) and the City of Englewood, Colorado by the passage of Ordinance No. 9, Series of 2017; WHEREAS, the Englewood City Council authorized a Fourth Amendment to the IGA entitled “Fourth amendment to the intergovernmental agreement amending the “Art” Shuttle cost sharing intergovernmental agreement between the Regional Transportation District and the City of Englewood by the passage of Ordinance No. 4, Series of 2018; WHEREAS, the passage of this ordinance allows for a simple Fifth Amendment to the IGA stipulating the new funding amounts since all other provisions of the IGA will not change; WHEREAS, the City will reimburse RTD in an amount equal to the firebox revenue that would have been collected had the trolley operated as a fair service rather than a free service; and WHEREAS, for calendar year 2019, the estimated lost fare amount equals $75,000.00 which has been budgeted. Page 22 of 460 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 the Fifth amendment to the IGA entitled “Fifth Amendment to Funding Agreement for RTD Funding of Local Transportation Services (Englewood Art Shuttle)” between the Regional Transportation District (RTD) and the City of Englewood, Colorado, as attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are authorized to execute and attest said Intergovernmental Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 20th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2019 for thirty (30) days. __________________________ Linda Olson, Mayor ATTEST: _____________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 20th day of May, 2019. _____________________________ Stephanie Carlile Page 23 of 460 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Wade Burkholder Phone: 303.762.2341 Title: Planning Manager Email: wburkholder@englewoodco.gov Vendor Contact Information Vendor Name: RTD Vendor Contact: Fred Worthen Vendor Address: 1660 Blake Street Vendor Phone: 303.299.2839 City: Denver Vendor Email: State: CO Zip Code: 80202 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: January 1, 2019 End Date: December 31, 2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $354,592 – RTD $ 75,000 - COE If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): RTD reimburses the monthly Englewood Trolley for charges less the monthly prorated COE portion. Attachments: ☒Copy of original Contract if this is an Amendment ☐Copies of related Contracts/Conveyances/Documents Intergovernmental Agreement for 2019 RTD funding for the Englewood Trolley Page 24 of 460 Contract Approval Summary March 2019 Update Page | 2 Source of Funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☐RFP: ☐ RFP Evaluation Summary Attached ☐ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A‐B‐C Capital Operating Year Tyler / New World Project # / Task# Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining O 2019 2 801 54213 Transportation Services $356,229.00 72,439.80$ 75,000.00$ 208,789.20$ ‐$ ‐$ ‐$ ‐$ Total by Fund and Current Year 356,229.00$ 72,439.80$ 75,000.00$ 208,789.20$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ ‐$ Grand Total 356,229.00$ 72,439.80$ 75,000.00$ 208,789.20$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment ‐ Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 25 of 460 FIFTH AMENDMENT TO FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) This Fi?h Amendment to FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE)(“Fifth Amendment”)is hereby made by and between the Regional Transportation District (“RTD”)and CITY OF ENGLEWOOD (“LOCAL ENTITY”).RTD and LOCAL ENTITY also may be referred to herein as a “Party”or collectively as the “Parties.” RECITALS A.RTD and LOCAL ENTITY entered into a FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD art SHUTTLE) dated April 4,2014,which the Parties subsequently amended by the First Amendment dated February 19,2015 in order to provide RTD Funding for 2015,the Second Amendment dated April 13,2016 in order to provide RTD Funding for 2016,the Third Agreement dated April 12,2017 in order to provide RTD Funding for 2017 and the Fourth Agreement dated May 7,2018 in order to provide RTD Funding for 2018 (collectively,the “Agreement”); B.Section l0.H of the Agreement provides that the Parties may amend the Agreement to account for changes in the RTD Funding by a written agreement; C.In accordance with Section l0.H of the Agreement,RTD and LOCAL ENTITY now desire to amend the Agreement in order to provide RTD Funding for 2019. Now,therefore,the Parties agree as follows: AGREEMENT 1.Except as otherwise stated herein,all capitalized terms shall have the same meaning as set forth in the Agreement.If there is any con?ict between the terms of this Fifth Amendment and the Agreement,the terms of this Amendment shall control.As modi?ed by this F i?h Amendment, the Agreement shall remain in full force and effect. 2.The title of the Agreement is renamed FUNDING AGREEMENT FOR RTD FUNDING OF LOCAL TRANSPORTATION SERVICES (ENGLEWOOD TROLLEY)dropping the “art shuttle”reference to re?ect the current services provided by LOCAL ENTITY. 3.Exhibits A,B,C and D of the Agreement are stricken and replaced with the revised Exhibits A,B,C and D which are attached to this Fi?h Amendment and incorporated by reference herein. 4.This Fi?h Amendment shall become effective upon the last date executed by all Parties. Page 1 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood Page 26 of 460 IN WITNESS WHEREOF,the Parties have duly executed this Fifth Amendment to the Agreement. CITY OF ENGLEWOOD REGIONALTRANSPORTATION DISTRICT By:By:v Q‘3 Linda Olson David A.Genova Mayor General Manager &_CEO Date:Date: ATTEST: By: Stephanie Carlile City Clerk APPROVED AS TO LEGAL FORM for RTD: ‘B Ddlld DLUCIC Associate General Counsel Page 2 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood Page 27 of 460 REVISED EXHIBIT A Description of the Services Span of Service: Weekday-6:30 AM—8:00 PM Saturday-No service provided Sunday-No service provided Holidays-No service provided Service Frequency: Weekday every 15 minutes Saturday-Not Applicable Sunday-Not Applicable Holidays-Not Applicable Annual Revenue Hours: Weekday-6,885 Saturday—Not Applicable Sunday-Not Applicable Holidays-Not Applicable Total 6,885 Page 3 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood Page 28 of 460 REVISED EXHIBIT B DESCRIPTION OF THE RTD FUNDING Expenses-January 2019 —December 2019 Trolley operating hours expense-6885 hours @ 57.98 per hour 39399,192 Trolley fuel expenses $30,400 Total Expenses 39429,592 Estimated Farebox Revenue-January 2019 —December 2019 Estimated Farebox Revenue*$75,000 *Because the City offers the trolley as a fare-free service,Estimated Farebox Revenue is based upon a survey performed in October 2018 by RTD that determined the average fare that would have been collected had the City charged RTD’s local fare for the trolley service,and using the Operating Parameters set out in Exhibit A. RTD Funding* $429,592 (Expenses) -$75.000 (Estimated Farebox Revenue) RTD Funding $354,592 *The RTD Funding is calculated as the Net Cost of operating the trolley service up to the amount set out above.Net Cost is calculated as Expenses (all operating costs for the trolley including fuel but not administrative costs)less Estimated Farebox Revenue. Page 4 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood Page 29 of 460 REVISED EXHIBIT C Communication and Notices —Contacts For the City: City of Englewood Community Development Department 1000 Englewood Parkway Englewood,Colorado 80110 Attn:Wade Burkholder 303.762.2341 For the RTD: Regional Transportation District 1660 Blake Street Denver,Colorado 80202 Attn:Fred Worthen 303.299.2839 Page 5 of 6 Fifth Amendment to Funding Agreement between RTD and the City of Englewood Page 30 of 460 REVISED EXHIBIT D Special Provisions DRUG AND ALCOHOL TESTING PROGRAM.The Local Entity shall require its contractor providing the Services to establish and implement a drug and alcohol testing program that complies with 49 C.F.R.Part 40 and Part 655,and permit any authorized representative of the United States Department of Transportation or its operating administrations,the State Oversight Agency of Colorado,or the Regional Transportation District,to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 40 and 655 and review the testing process.The Local Entity further agrees to certify annually its compliance with Part 40 and 655 before December 3 l st of every year and to submit the Management Information System (MIS)reports no later than February 15thofevery year to the Substance Abuse Testing Department,Regional Transportation District,1660 Blake Street,Denver,CO 80202.To certify compliance,the Local Entity will use the “Substance Abuse Certi?cations”in the “Annual List of Certi?cations and Assurances for Federal Transit Administration Grants and Cooperative Agreements,”which is published annually in the Federal Register. 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W.wwwwmnwuw?nmasswm.:25owwmodmmamromnmsmmma”mod?5mam>m8a3aB88 wowoos<aBm=om3.Homoaabomon?SEmg::9ca8582momm89&3Q. :3:583.5mamEo?mmosm. m.Oo:=8..—.m~..m.?aw>m8nBoB55%weaxmo?om5oosaa?mnm.mwmsm??mmon mawmww?oolmwsamwrw:oosmmg?mamcaomEammaa$2;mmmmmswchmmon:8 mmsanoamaa.Eoo?oiomammmxommwmsmz?ommg:oo:mnE8o1mEm_mmmumc?mm. _w>w>zomom§omHZHmZdOZ>:L<Emmaw?>ZW_ MCZUHZOEwmmzmza mowwanmczgzoomFOO»?:w>zmmowa>dozwmwsomm emznumx?g2:.,wEQ?NE@ 3%q Page 38 of 460 émmwmmowmu38338:952:2358"Em>m~.aaBmEmmow:5mmaszaUm?. wmm5z>wd»>z%o§>doz051%ommzowméooc UEHWHOH EEEU>.¢<mmE:m.8: QnsaamwZmbmmoa >%8<&mm8Ham”:3::wowWdun QQ we:0.>murmcm U22?Gonna:Oocsm? mczgzo>owmm§mza mowWHOmczgzoomFOO»?dw>zmmo3>dozmmwsomm OmZQ~m:\QObaxmmzd?wwmmam Page 39 of 460 mum:ommoimonn €855- mm?cammw- mssmmvr Eommmwm- $38Tosome €8.25 $5.5- €25- Eomamwm. >253Wm<QEnEssa” €853. mmss?mvr mcsmmvr Eommwwm. ,_;oS_ MCZUHZD>owmmZmza M513»,9 UamolwmosomEamoaioam 98>3-macES 20moimno323% ZomowioaEzaa Zomania.»225$ 98?HmBws?nm Z3>3v:owEn Z2>Eo:omEo Z9>Eu:omZa 9 _ No 23>E.:omEm Z2>Eu:owEn ZS>mm:om.En 95¢ mowWHU_..CZU~ZOO1HOOEL:~>zm_uo3>dozwmwsomm Qm2QEm:\ODbmlmmS.§@ vmmao Page 40 of 460 Month Ridership Total Average Month Ridership Total Average January-14 14,803 14,803 14,803 January-17 12,991 12,991 12,991 February-14 13,952 28,755 14,378 February-17 13,889 26,880 13,440 March-14 14,494 43,249 14,416 March-17 15,982 42,862 14,287 April-14 15,239 58,488 14,622 April-17 13,510 56,372 14,093 May-14 13,811 72,299 14,460 May-17 14,950 71,322 14,264 June-14 14,245 86,544 14,424 June-17 14,249 85,571 14,262 July-14 15,379 101,923 14,560 July-17 12,020 97,591 13,942 August-14 14,467 116,390 14,549 August-17 14,327 111,918 13,990 September-14 15,070 131,460 14,607 September-17 12,073 123,991 13,777 October-14 15,149 146,609 14,661 October-17 12,815 136,806 13,681 November-14 12,111 158,720 14,429 November-17 12,730 149,536 13,594 December-14 13,629 172,349 14,362 December-17 11,400 160,936 13,411 Month Ridership Total Average Month Ridership Total Average January-15 12,722 12,722 12,722 January-18 12,988 12,988 12,988 February-15 12,961 25,683 12,842 February-18 11,849 24,837 12,419 March-15 14,454 40,137 13,379 March-18 13,590 38,427 12,809 April-15 14,264 54,401 13,600 April-18 12,635 51,062 12,766 May-15 12,878 67,279 13,456 May-18 13,679 64,741 12,938 June-15 14,369 81,648 13,608 June-18 13,994 78,735 13,123 July-15 14,014 95,662 13,666 July-18 13,679 92,414 13,202 August-15 13,653 109,315 13,664 August-18 14,386 106,800 13,350 September-15 14,220 123,535 13,726 September-18 13,679 120,479 13,387 October-15 14,378 137,913 13,791 October-18 13,662 134,141 13,414 November-15 12,841 150,754 13,705 November-18 12,122 146,263 13,297 December-15 12,706 163,460 13,622 December-18 11,849 158,112 13,176 Month Ridership Total Average Month Ridership Total Average January-16 12,728 12,728 12,728 January-19 12,647 12,647 12,647 February-16 13,686 26,414 13,207 February-19 12,405 25,052 12,526 March-16 14,519 40,933 13,644 March-19 11,637 36,689 12,230 April-16 13,636 54,569 13,642 May-16 13,228 67,797 13,559 June-16 13,990 81,787 13,631 July-16 12,369 94,156 13,451 August-16 14,398 108,554 13,569 September-16 13,143 121,697 13,522 October-16 12,965 134,662 13,466 November-16 13,104 147,766 13,433 December-16 13,190 160,956 13,413 2014 Ridership 2015 Ridership 2016 Ridership Englewood Trolley Ridership Report 2018 Ridership 2017 Ridership 2019 Ridership Page 41 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dugan Comer DEPARTMENT: City Attorney's Office DATE: May 20, 2019 SUBJECT: CB 21 - Small Cell License Agreement DESCRIPTION: CB 21 - Small Cell License Agreement RECOMMENDATION: Staff recommends Council approve, by ordinance, the administrative approval of Small Cell Facilities and Small Cell Network License Agreements between the City of Englewood and various telecommunication companies. PREVIOUS COUNCIL ACTION: At the March 11, 2019 Study Session, staff presented the Small Cell License Agreement to the City Council for their review. During this meeting staff suggested that going forward the Agreement be administratively approved. A consensus of City Council agreed in principal, and requested that the administrative approval be brought forward as an ordinance. Any future major amendments to the Federal or State law governing small cell providers which would impact the Agreement shall also be brought forward for City Council Approval. SUMMARY: In 2014 the Federal Government amended the Telecommunications Act of 1996 providing that State or local governments could not prohibit the construction or placement of telecommunication wireless services, including the installation of small cell facilities in state or local government rights-of-way, nor prohibit the use of state or local government structures for such installations. In 2017 the Colorado legislature amended Colorado Statutes to comport with the Federal amendments. C.R.S. §38-5.5-103 et. seq. states in part: (1)(a): “Any domestic or foreign telecommunications provider or broadband provider has the right to construct, maintain, and operate conduit, cable, switches, and related appurtenances and facilities, and communications and broadband facilities, including small cell facilities, along, across, upon, above, and under any public highway in this state;” and (1)(b) “The construction, maintenance, operation, and regulation of the facilities including the right to occupy and utilize the public rights-of-way, by telecommunication providers and broadband providers are matters of statewide concern”. In addition, C.R.S. §29-27-401 provides at (1)(c) “The permitting, construction, modification, maintenance, and operation of these facilities, are declared to be matters of statewide concern and interest”. License Agreement for the placement of small cell antennas on City owned Traffic Control Poles and placement of poles in City right-of-ways. A small cell facility is one where a telecommunications provider utilizes a local jurisdiction’s light poles, traffic signal poles, or utility Page 42 of 460 poles, or a new provider structure located in the public right-of-way for the placement of a small antenna enclosure and support equipment, to increase the capacity and fill in gaps in its coverage area. The Federal Communications Act and State Statute both allow a provider to place their own pole in a right-of-way owned by a governmental entity. Since the changes in the law many jurisdictions, the City of Englewood included, have been approached by telecommunication providers to utilize City owned right-of-ways, City owned poles, traffic signal poles, and utility poles to place small cell facilities. ANALYSIS: The Small Cell Agreement is a twenty year agreement wherein a telecommunication provider may utilize City owned poles, light poles, traffic signal poles, or utility poles, or a new pole to erect and maintain small cell transmission systems. The Agreement protects both the City and telecommunication provider as it sets forth the parties obligations and expectations surrounding the construction of these small cell facilities. Other poles, such as those owned by Xcel, are not covered by this agreement, and arrangement to use Xcel poles or non-City owned poles would be a separate agreement between the telecommunications provider and the owner of the other poles. All construction, maintenance, and operating costs are the sole obligation of the telecommunication provider and the City has no responsibility for any costs associated with the construction, operation, maintenance, or removal of these small cell facilities. Each location or pole will have a separate Site Supplement permit of five years, with three automatic renewals of five years each. This supplement governs the use of the specific utility pole in detail, as well as the annual fee payment that the telecommunication provider is required to remit to the City for each location. The Agreement calls for the City and telecommunication provider to work together on the location(s) of the facilities. Doing so provides protection for the City if the location cannot be used. The Agreement does not grant the telecommunication provider a property interest in the poles or any of the City’s facilities, and the small cell facilities are subject to the City’s requirements as set forth in various City ordinances, including permits and permissions from the various City departments that regulate construction activities. The City may request that the facilities be removed or relocated, when in the City’s opinion it is needed due to construction, repair, relocation of the pole; or the installed facility interferes with or adversely affects the operation of the traffic control signals; the ROW is being sold or transferred; damage to the pole; and to preserve and protect the public health and safety. The agreement also allows the City to place conduit in any of the trenches or bores the telecommunication provider constructs in the City’s ROW. The facility location must also adhere to any requirements set forth by the City’s Traffic Engineering Department. Finally, the license agreement provides that co-location will be allowed. Co-location means that multiple providers can use the same pole thereby limiting the number of new poles which would be placed in the City’s right-of-way or attached to existing poles. FINANCIAL IMPLICATIONS: Page 43 of 460 There is a fee that is paid yearly by the telecommunication provider for each City owned pole used by the provider, in addition to building permit and right-of-way permit fees. ALTERNATIVES: In the event that the License Agreement is not approved, under applicable Federal and State laws small cell providers will still have the legal right to use the City’s poles and right-of-ways, with little or no City oversight. Furthermore, the City would not realize any fee income from the placement of the facilities. CONCLUSION: It is staff’s recommendation that the ordinance be approved in order for the license agreement to be approved administratively, thereby ensuring the City has the regulatory authority over the placement of small cell facilities by telecommunication providers upon City owned poles and within the City owned right-of-way. ATTACHMENTS: Council Bill #21 Small Cell License Agreement Page 44 of 460 1 BY AUTHORITY ORDINANCE NO. ________ COUNCIL BILL NO. 21 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE AUTHORIZING THE ADMINISTRATIVE APPROVAL OF SMALL CELL LICENSE AGREEMENTS. WHEREAS, on March 11, 2019 staff presented the draft small cell agreement for City Council’s review; WHEREAS, the license agreement is to be used for future construction and use of the City’s right-of-ways and City owned traffic signal poles for the construction and placement of small cell antennas by telecommunication companies; WHEREAS, under both Federal and State law telecommunication companies have been given the right to use locally owned rights-of-way for the siting of small cell antennas, and expressly limiting local control over these companies; WHEREAS, the license agreement will provide a regulatory framework outlining the terms and conditions that telecommunication companies will have to comply with when constructing in the City’s right-of-way or when using any City owned traffic signal pole; WHEREAS, the license agreement will also provide design standards, yearly payment amounts to the City for the use of the right-of-way, indemnification of the City, and allow for co-location of facilities among the telecommunication companies; WHEREAS, in the event that any major amendments to the Federal or State statutes which in turn may impact or require a major modification or amendment to the City license agreement, such modification or amendment shall be provided to the City Council for their review; and WHEREAS, allowing for the administrative approval of the license agreement will provide the City the ability to approve the license agreement within the 90 day approval window as set forth by the Federal Act. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Small Cell License Agreement attached hereto as “Exhibit A”, shall be approved administratively by City staff and departments. Section 2. That any future amendments to the Federal Act or State Statute which require a change to the License Agreement attached hereto, shall be presented to the Englewood City Council for their review. Section 3. The Public Works Director and City Manager are hereby authorized to sign and the City Clerk to attest to the approval of Small Cell License Agreements. Page 45 of 460 2 Introduced, read in full, and passed on first reading on the 20th day of May 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2019. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 20th day of May 2019. Stephanie Carlile Page 46 of 460 1 49311220.1 SMALL CELL FACILITIES and SMALL CELL NETWORK LICENSE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD and ____________________________________________________________ THIS LICENSE AGREEMENT DATED THIS _______ DAY OF ________________________, 20___, IS ENTERED INTO BY AND BETWEEN THE CITY OF ENGLEWOOD, A COLORADO HOME RULE MUNICIPALITY (“CITY”) AND ______________________________________________________________________________ _______________________________________________(“LICENSEE”). WHEREAS, the City has made significant investments of time and resources in the acquisition and maintenance of the Public Rights-of-Way and such investment has enhanced the utility and value of the Public Rights-of-Way; WHEREAS, the City Public Rights-of-Way within the City are used by and useful to private enterprises including Licensee and others engaged in providing telecommunications, utilities and other services to citizens, institutions, and businesses located in the City; WHEREAS, the right to access and/or occupy portions of the City Public Rights-of-Way for limited times, for the business of providing communications services, is a valuable economic privilege, the economic benefit of which should be shared with all tax payers; WHEREAS, beneficial competition between providers of communications services can be furthered by the City’s provisions of grants of locations and rights to use the City Public Rights- of-Way on non-discriminatory and competitively neutral terms and conditions; WHEREAS, Licensee is a private enterprise engaged in installing facilities related to and/or providing various communications services within the City by means of fiber connected Distributed Antenna Systems or other Small Cell facilities (Small Cell Facility or Small Cell Networks); WHEREAS, Licensee desires to physically install and occupy portions of the City Public Rights-of-Way to install additional poles, or to utilize existing poles owned by a third party, or to utilize City owned light, traffic signal or other City owned poles for use of its Licensee Facilities; WHEREAS, Licensee agrees to compensate the City for installation and/or operation of all Equipment, supporting structures for Equipment, Equipment shelters, or poles associated with Licensee’s Facilities in exchange for a grant of location and the right to use and physically occupy portions of the public rights-of-way for the limited purposes and times set forth below; and Page 47 of 460 2 49311220.1 WHEREAS, the City grants this license pursuant to its authority to manage its Public Rights-of-Way and public spaces including, without limitation, its authority granted by state statutes and its own ordinances. NOW, THEREFORE, BE IT RESOLVED, in consideration of the terms and conditions contained in this Agreement, the City and Licensee do hereby agree: 1.0 DEFINITIONS. Except as otherwise defined herein, the following terms shall have the meanings given below: 1.1 “Agency” means any governmental agency or quasi-governmental agency other than the City, including, but not limited to, the Federal Communications Commission and the Colorado Public Utilities Commission. 1.2 “Agreement” means this Agreement for the use of City owned property and Rights- of-Way for the operation of a Small Cell Facility or Small Cell Network. 1.3 “Antenna” means communications Equipment that transmits or receives electromagnetic frequency signals used to provide wireless service. 1.4 “Attachment Fee” or “Pole Attachment Fee” means that rental/pole occupation fee described in Section 7.1 of this Agreement. 1.5 “Business Day” means any day other than a Saturday, Sunday or day observed as an official holiday by the City. 1.6 “Broadband Facility” means any infrastructure used to deliver Broadband service or for the provision of Broadband service. 1.7 “Broadband Provider” means a person that provides broadband service, and includes “cable operator”, as defined in 47 U.S.C. sec. 522 (5) as of August 6, 2014. 1.8 “Broadband” or “Broadband Service” has the same meaning as set forth in 7 U.S.C. sec. 950bb (b) (1) as of August 6, 2014, and includes “cable service”, as defined in 47 U.S.C. sec. 522 (6) as of August 6, 2014. 1.9 “City” means the City of Englewood, a Colorado home rule municipality 1.10 “City Facilities” means those City-owned poles and fixtures located within the rights-of-way, including without limitation, streetlight poles and vertical portions of traffic signal poles that are designated or approved by the City as being suitable for placement of the Licensee’s Facilities. 1.11 “Code” means the City’s Charter, Englewood Municipal Code 2000 as amended from time to time, and any other City regulations, procedures or policies governing the use of City owned property or rights-of-way. Page 48 of 460 3 49311220.1 1.12 “Collocation” means the mounting or installation of broadband service Equipment on a tower, building, or structure with existing broadband service Equipment for the purpose of transmitting or receiving radio frequency signals for communication purposes. 1.13 “Company” means the Licensee to this Agreement. 1.14 “Day” means any calendar day, unless a Business Day is specified. For the purposes hereof, if the time in which an act is to be performed falls on a Day other than a Business Day, the time for performance shall be extended to the following Business Day. For the purpose hereof, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. 1.15 “Equipment” means Licensee Facilities, Micro-Wireless Facilities, and other wireless communications equipment (which includes, but is not limited to, antennas, remote radio heads, cables, devices, conduits, wires, fiber, technology, meters, and other equipment Licensee deems necessary to operate the Equipment and Licensee’s Facilities in order to provide telecommunications services and uses incidental thereto) that is specifically identified and described in Exhibit A-1 attached to each Site Supplement (as defined below). 1.16 “FCC” mean the Federal Communications Commission. 1.17 “Grant” when used with reference to grant or authorization of the City, means the prior written authorization of the City of Englewood (and/or its various boards, commissions and departments) unless another person or method of authorization is specified herein or under applicable law. Grant does not mean “Approval” as contemplated in various FCC determinations related to subsequent collocation requests which are expressly not granted by this Agreement. 1.18 “Hazardous Material” means any substance, waste or material which, because of its quantity, concentration or physical or chemical characteristics is in fact or deemed by any federal, state or local governmental authority to pose a present or potential hazard to human health or safety or to the environment. 1.19 “Interference” means physical interference and radio frequency interference. 1.20 “Law or Laws” means any federal, state or local laws, statutes, ordinances, resolutions, regulations, rules, tariffs, administrative orders, certificate, order, or other lawful requirement in effect either at the time of execution of this Agreement or at any time during the period the Small Cell Facilities or Small Cell Networks are located in the Public Rights-of-Ways. 1.21 “Licensee” means ____________________________________ who is the other party to this Agreement. Licensee includes the Company. 1.22 “Licensee Facility” means and includes Licensee’s Small Wireless Facilities, Small Cell Networks, Micro-Wireless Facilities, Networks, Equipment, Antennas, Broadband Facilities, Wireless Service Facilities, and/or Wireless Sites. 1.23 “Macro-cell” means and includes technology associated with operation of structures and Equipment built for the sole or primary purpose of supporting facilities licensed or Page 49 of 460 4 49311220.1 authorized by the Federal Communications Commission to provide high powered wireless communication service coverage and the facilities’ associated facilities, including private, broadcast, and public safety services; unlicensed wireless services; fixed wireless services such as backhaul. 1.24 “Micro-Wireless Facility” means any small wireless facility that is no larger in dimensions then twenty-four (24) inches in length, fifteen (15) inches in width, and twelve (12) inches in height and that has an exterior antenna, if any, that is no more than eleven inches in length. 1.25 “Network” or collectively “Networks” means one or more of the wireless and fiber based communications facilities operated by the Licensee to serve its wireless customers in the City of Englewood, Colorado. 1.26 “Permit” means a permit issued and described in accordance with the laws, regulations and ordinances of the City, and is used to regulate, monitor and control construction, excavation or improvement activities or other work in the City’s rights-of-ways by the Licensee. 1.27 “Person” means an individual, corporation, partnership, a sole proprietorship, joint venture, business trust, or any other form of business association or governmental agency. 1.28 “Physical Interference” means where Equipment, vegetation or a structure causes reduced use of another’s prior mounted Equipment, or an obstruction in a necessary line-of-sight path. 1.29 “Pole” means light poles, wooden power poles, traffic light poles, highway sign poles, utility poles, lighting fixtures or other similar poles located in the Public Rights-of-Ways under the jurisdiction of the City, installed and placed by Licensee, or following transfer from the City or other third parties, and may refer to such facilities in the singular or plural, as appropriate to the context in which used. The term poles excludes any historically or architecturally significant poles owned by the City located on Public Rights-of-Way or, other similar street features. 1.30 “Public Property” means any real property owned by the City of Englewood, other than City P ublic Rights-of-Way. 1.31 “Public Ways” or “Public Rights-of-Way” means the areas in, upon, above, along, across, under and over the public streets, sidewalks, roads, lanes, courts, ways, alleys, boulevards, buildings and any other public places owned by and within the City as the same now or may hereafter exist and which are under the permitting jurisdiction of the City. 1.32 “Public Highway” means all roads, streets, alleys and all other dedicated rights-of- way and utility easements of the state or any of its political subdivisions, whether located within the boundaries of a political subdivision or otherwise. 1.33 “Radio Frequency Interference” means the radiation or conduction of radio frequency energy (or electronic noise) produced by electrical and electronic devices at levels that interfere with the operation of adjacent or nearby Equipment. Page 50 of 460 5 49311220.1 1.34 “Release” when used with respect to Hazardous Material means any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into or inside any existing improvements or any improvements constructed hereunder by or on behalf of Licensee. 1.35 “Rights-of-Way” means the surface of and space above and below the public roads, streets and alley rights-of-way, and public utility easements or other public ways of any type whatsoever, now or hereafter located and existing within the city limits of the City of Englewood, Colorado whether or not improved. 1.36 “Services” means those services provided by or through Licensee Facilities as specifically identified in the detailed plans and specifications attached to the applicable Site Supplement Form (see Exhibit A-1). If the City grants the provision of any other services by Licensee, upon such grant, the definition of “Services” shall automatically be revised to include any such grant of additional services. Unless specifically expressed in this Agreement, Service does not mean cable television service of any kind. 1.37 “Small Cell Facility” means either: (a) A personal wireless service facility as defined by the federal “Telecommunications Act of 1996”, as amended as of August 6, 2014, and as defined by C.R.S. § 29-27-402(4); or (b) A wireless facility that meets both of the following qualifications: Each antenna is located inside an enclosure of no more than three cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an imaginary enclosure of no more than three cubic feet; and Primary Equipment enclosures are no larger than seventeen cubic feet in volume. The following associated Equipment may be located outside of the primary Equipment enclosure and, if so located, is not included in the calculation of Equipment volume: Electric meter, concealment, telecommunications demarcation box, ground-based enclosures, back-up power systems, grounding Equipment, power transfer switch, and cut-off switch. (c) “Small Cell Facility” includes a Micro-Wireless Facility. 1.38 “Small Cell Network” means a collection of interrelated Small Cell or Micro- Wireless Facilities designed to deliver telecommunications service, including Licensee Facilities or related Equipment installed and/or operated by Licensee for the provision of telecommunication services including the fiber optic or other cables, Equipment, Antennas, brackets, devices, conduits, poles, shelters, houses, cabinets and all other related Equipment to be deployed, installed and/or operated by Licensee as described in Exhibit A-1 attached hereto and any facilities that replace the same. Page 51 of 460 6 49311220.1 1.39 “Telecommunications Provider” means a person that provides telecommunications service (including Broadband Service), as defined in 47 U.S.C. sec. 153, with the exception of cable television services as defined by section 602(5) of the federal “Cable Communications Policy Act of 1984”, 47 U.S.C. sec. 522 (6), pursuant to authority granted by the public utilities commission of this state or by the federal communications commission. “Telecommunications provider” does not mean a person or business using antennas, support towers, Equipment, and buildings used to transmit high power over-the-air broadcast of AM and FM radio, VHF and UHF television, and advanced television services, including high definition television. The term “telecommunications provider” is synonymous with “telecommunication provider”. 1.40 “Term” means the initial period that this Agreement is in effect as set forth in Section 2.0 of this Agreement. 1.41 “Tower” means any structure built for the sole primary purpose of supporting antennas licensed or authorized by the Federal Communications Commission and the antennas’ associated facilities, including structures that are constructed for wireless communications services including private, broadcast, and public safety services; unlicensed wireless services; fixed wireless services such as backhaul; and the associated site. 1.42 “Wireless Service Facility” means a facility for the provision of wireless service; except that “wireless service facility” does not include coaxial or fiber-optic cable that is not immediately adjacent to, or directly associated with, a particular Licensee Facility. 1.43 “Wireless Site” means a location in the City P ublic Rights-of-Way selected for the Licensee’s deployment of Equipment and its Licensee Facility. 2.0 TERM OF AGREEMENT. The term of this Agreement shall commence on the date of execution by the City (“Commencement Date”) and shall be in effect for not less than twenty (20) years. Upon written notice to the City delivered no later than one year before the end date of the term of this License, the Licensee may request to amend this License to extend the end date to a proposed new date. Assuming the Licensee has met all conditions of the License and performed to the City’s satisfaction in providing the Services in the City, and assuming the City believes that an extension of the term of this License would be in the public interest, the term end date of this Agreement may be extended subject to whatever modifications of other Agreement terms and conditions the City may find appropriate and parallel with any termination and/or extension of any related City or other Permits and Site Supplements then in effect. 2.1 Site Supplement. For each Licensee Facility or batch of Licensee Facilities, the parties shall enter into a Site Supplement in the form attached hereto as Exhibit A, which shall include the Permit set forth in Section 4.5 (and approved within the timeline set forth herein). Each Site Supplement shall be for a period of five (5) years (“Supplement Term”) unless Licensee terminates the Site Supplement by giving City no less than ninety (90) days written notice in advance of the end of the Supplement Term or any Supplement Extension Term. Each Supplement Term shall be automatically extended (unless terminated as above) for three (3) successive five (5) year Supplement Terms (each a “Supplement Extension Term”). It is intended that any Page 52 of 460 7 49311220.1 Supplement be coterminous with the applicable Permit issued for the Licensee Facility. If the Agreement terminates, all Supplements and Permits in place at the time of the Agreement’s termination shall remain in effect, and the terms of the Agreement shall remain effective with respect to such Supplements and not expire until the end of the Supplements’ respective terms. 2.2 Licensee Cancellation. Licensee may cancel this Agreement or any Site Supplement before the date of expiration by providing the City with One Hundred Eighty (180) days written notice of cancellation. Any prepaid Pole Attachment Fee shall be retained by the City. This Agreement and all Site Supplements may only be cancelled or terminated as provided in this Agreement or any Site Supplement. 3.0 DESCRIPTION OF WORK. The Parties acknowledge that the construction, maintenance, operation, and regulation of Small Cell Facilities or Small Cell Networks, including the right to occupy and utilize the public Rights-of-Way by Telecommunications Providers and Broadband Providers are matters of statewide concern (§ 38-5.5-103(1) (b), C.R.S.), and that the siting, mounting, placement, construction, and operation of Licensee Facilities are a permitted use by right in any zone district (§ 29-27-403(3), C.R.S.). 3.1 Installation of Licensee Facility. During the term of this Agreement, Licensee is authorized, on a non-exclusive basis, to locate or collocate and install, maintain, and operate Licensee Facilities upon poles, light poles, or to locate or collocate, subject to the requirements and limitations of the City’s regulatory police powers, to City owned light poles, light standards, traffic signal poles, utility poles or other City owned poles to house and operate a Small Cell Facility, Micro-Wireless Facility or Small Cell Network in the City Public Rights-of-Way or other City owned or controlled property, as more particularly identified in Exhibit A – Site Supplement Form, Exhibit A-1 – Licensed Area and Description of Facilities Table 1, and Exhibit A-2 - Table 2. This Agreement does not give any rights to use any poles not owned by the City. The use of non-City owned poles in the rights-of-way are subject to a separate agreement between the Licensee and the owner(s) of said poles. This Agreement authorizes access to all City Public Rights-of-Way to access, install, maintain, and operate Licensee Facilities on any pole upon which the Licensee Facilities may be attached, regardless of the owner of the pole or structure. 3.1.1 Location of Licensee Facilities. The City and the Licensee will, as part of the placement of facilities as part of the application process, agree on the optimal location and installation of any Licensee Facilities on a pole prior to installation, based on reasonable regulatory factors, such as the location of other present or future communications facilities, efficient use of scarce physical space to avoid premature exhaustion, potential interference with other communication facilities and services, the public safety and other critical public services; provided, however, that such grant shall not be unreasonably conditioned, withheld, or delayed. 3.1.2 Map and List of Licensee Facilities. Licensee shall maintain, in a form acceptable to the City, including non-digital and digital format compatible with the City’s current, and future, mapping software, i.e., ESRI Shape files, a current map and list of the location of all facilities used by Licensee for its Licensee Facilities pursuant to this Agreement and located in the City Public Rights-of-Way. Licensee shall provide such map and list to the City, no more Page 53 of 460 8 49311220.1 frequently than once a year, and upon sixty (60) days’ written notice to Licensee; and Licensee shall, whether or not requested by the City, provide an updated list and map promptly after any change is made in regard to the locations of the specific poles specified by Licensee in such lists and maps. Licensee shall obtain all required permits and grants of the City and any of its departments or agencies, and any other Agency with jurisdiction over the Licensee Facilities, services, or the property on which the Licensee Facilities are or will be located prior to performing the work under this Agreement and shall comply with all of the terms and conditions set forth in these permits. Licensee shall not mount, construct, install, maintain, locate, operate, place, protect, reconstruct, reinstall, remove, repair, or replace any Licensee Facilities on any pole, except as expressly authorized by and in strict compliance with this Agreement, and the Design Standards as set forth on Exhibit C herein, and shall not without further and separate authorization, otherwise locate more than a facility of three (3) cubic feet or other related structure on any single pole. 3.1.3 Changes to Licensee Facilities or Their Location on Poles Located in City Public Rights-of-Way. Licensee may install different or comparable Equipment on a pole, or on the ground, if it is of the same or lesser dimensions than already present for the facility. If Licensee proposes to install different but comparable Equipment, or if the Licensee Facilities or its location on the poles located on the City Public Rights-of-Way deviate in any material way (defined as enlarging the cumulative size of Licensee Facilities by more than 10%) from the specifications attached hereto as Exhibit D, then Licensee shall first obtain a grant for the use and installation of the comparable Equipment for any such deviation in Licensee Facilities from the owners of the poles located on the City Public Rights-of-Way and shall provide the City with written evidence of such authorization. The City may not unreasonably deny use of the different but comparable Equipment, or non-material deviation from the specifications set forth in Exhibit D with regard to the placement of the Licensee Facilities on the poles located on the City Public Rights-of-Way, pursuant to the factors enumerated under Section 3.1.1, and such grant shall not be unreasonably conditioned, withheld, or delayed. 3.2 Provision of Services. The Licensee Facilities installed pursuant to this Agreement may be used solely for the rendering of telecommunications and/or Broadband Services. If Licensee proposes to make a material change to the nature or character of the services not expressly permitted under this Agreement, including, without limitation, cable television services not expressly permitted under this Agreement, Licensee, shall notify the City in writing of this intended change not less than one hundred eighty (180) days prior to the proposed date of change to Service. The City may either (i) accept the proposed change in Service on mutually agreeable terms and conditions or (ii) require that the Services not be changed but rather continue to be provided as contemplated herein. 3.3 Restoration of Work Site Areas. Upon the completion of each task or phase of work to be performed by Licensee under this Agreement, Licensee shall promptly restore all work site areas to a condition reasonably satisfactory to the City and in accordance with the construction design standards set forth on Exhibit D. The provision of this section shall survive the expiration, completion or earlier termination of this Agreement. 3.4 Removal of Licensee Facilities. Upon one hundred and eighty (180) days’ written notice by the City pursuant to the expiration or earlier termination of this Agreement for cause, Licensee shall promptly, safely and carefully remove the Licensee Facilities from and including Page 54 of 460 9 49311220.1 all poles and other places located in the City Public Rights-of-Way. Such obligation of Licensee shall survive the expiration or earlier termination of this Agreement. If Licensee fails to complete this removal work on or before the one hundred and eighty (180) days subsequent to the issuance of notice pursuant to this Section 3.4, then the City, upon written notice to Licensee, shall have the right at the City’s sole election, but not the obligation, to perform this removal work and charge the Licensee for the actual costs and expenses, including, without limitation, reasonable administrative costs. Licensee shall pay to the City the reasonable costs and expenses incurred by the City in performing any removal work and any storage of Licensee’s property after removal (including any portion of the Licensee Facilities) within forty-five (45) days of the date of a written demand for this payment from the City. The City may, in its discretion, obtain reimbursement for the above by making a claim under Licensee’s surety bond. After the City receives the reimbursement payment form Licensee for the removal work performed by the City, the City shall promptly return to Licensee the property belonging to Licensee and removed by the City pursuant to this Section 3.4 at no liability to the City. If the City does not receive the reimbursement payment from the Licensee within such thirty (30) Business Days, or if City does not elect to remove such items at the City’s cost after Licensee’s failure to so remove prior to one hundred and eighty (180) days subsequent to the issuance of notice pursuant to this Section 3.4, any items of Licensee’s property, including without limitation the Licensee Facilities, remaining on or about the City Public Rights-of-Way or stored by the City after the City’s removal thereof may, at the City’s option, be deemed abandoned and the City may dispose of such property in any manner allowed by law, and in accordance with any legal rights of persons other than the City who own poles located in the City Public Rights-of-Way and used by Licensee. Alternatively, the City may elect to take title to such abandoned property, whether the City is provided by the Licensee, an instrument satisfactory to the City transferring to the City the ownership of such property, or not. The provisions of this section shall survive the expiration or earlier termination of this Agreement. 3.5 Risk of Loss or Damage. Licensee acknowledges and agrees that Licensee bears all risk of loss or damage of its Equipment and materials, including without limitation, the Licensee Facilities, installed in the City Public Rights-of-Way pursuant to this Agreement from any cause, and the City shall not be liable for any cost of repair to damaged Licensee Facilities, without limitation, damage caused by the City’s removal of Licensee Facilities, except to the extent that such loss or damage was caused by the negligence or willful misconduct of the City, including without limitation, each of its commissions, boards, departments, officers, agents, employees or contractors. 3.6 Removal or Relocation of Licensee Facilities at City’s Request. Licensee understands and acknowledges that the City, at any time and from time to time, may require Licensee to remove or relocate upon a written request for the City on one hundred twenty (120) days’ notice (except in the case of an emergency, in which case telephonic notice will be given to the telephone number on the pole as soon as possible) at Licensee’s sole cost and expense, portions of the Licensee Facilities whenever the City reasonably determines that the removal or relocation is needed: (1) to facilitate or accommodate the construction, completion, repair, relocation, or maintenance of a City project, (2) because the Licensee Facilities interferes with or adversely affects the proper operation of the light poles, traffic signals, City-owned communications systems or other City facilities, (3) because of a sale or vacation of the City Public Rights-of-Way by the City, (4) because there is a change in use of the public right-of-way by the City provided such use similarly effects similarly Licensed users in the public right-of-way, (5) because there is damage Page 55 of 460 10 49311220.1 to and/or removal of the pole, or (6) to preserve and protect the public health and safety, in a manner not inconsistent with 47 U.S.C. § 332(c) (7). Licensee shall at its own cost and expense remove, relocate, and/or adjust the Licensee Facilities, or any part thereof, to such other location or locations in the City Public Rights-of-Way, or in such manner, as appropriate, as may be designated or granted, in writing and in advance, by the City. The City will, in good faith, attempt to provide a new location agreeable to Licensee in advance of any requested removal, relocation, and/or adjustment. The Licensee shall be allowed to place a temporary site adjacent to the affected site in order to allow continuous network service. Such removal, relocation, adjustment shall be completed within one hundred twenty (120) days by the City in its written request and in accordance with the terms of this Agreement. Licensee shall not be in default hereunder if it has taken the appropriate action as directed by the City to obtain such grant. If Licensee fails to remove, relocate, adjust or support any portion of the Licensee Facilities as described by the City within the prescribed time, City may take all reasonable, necessary, and appropriate action, as stated in Section 3.4. 4.0 PERMIT, LIMITATIONS AND RESTRICTIONS. 4.1 Limited Authorization. This Agreement does not authorize the placement of Licensee Facilities or any other Equipment on sites, locations, structures or facilities other than those specifically identified herein, or in a Site Supplement. Placement of the Licensee Facilities shall comply with the terms of the City’s conditions of access in effect as of the date of execution hereof and as are applied equally to all Persons using the City Public Rights-of-Way under grant by the City. The Agreement does not relieve Licensee of its burden of seeking any necessary permission from other Agencies which may have jurisdiction regarding Licensee’s proposed use. 4.2 No Authorization to Provide Other Services. Licensee represents, warrants and covenants that its Licensee Facilities installed pursuant to this Agreement will be utilized solely for the rendering of telecommunications and/or Broadband Services, and Licensee is not authorized to, shall not use, the Licensee Facilities to offer or provide cable television services, except as otherwise agreed to by City. Failure to abide by this may constitute a breach of this Agreement, and the City, after providing Licensee with written notice and a meeting concerning the same, may levy fines in an amount not to exceed one thousand dollars ($1,000.00) per day until the breach is remedied together with all other remedies available at law or equity. 4.3 Reservation of Powers. The Parties reserve any and all powers they may have, now or in the future under applicable local, state, or federal law, with respect to the Licensee Facilities, their use, or the use of the City Public Rights-of-Way or of other City property. Licensee shall be subject to all present and future ordinances of the City and its boards and commissions. Nothing in this Agreement shall be construed as a waiver of any codes, ordinances or regulations of the City or of the City’s right to require Licensee to secure the appropriate permits or authorizations for exercising the rights set forth in this Agreement. 4.4 All Permitted Activities Fees at Licensee’s Sole Expense. Notwithstanding any other provisions of this Agreement, the construction, operation, maintenance, removal and replacement of Licensee Facilities, and all other activities permitted hereunder and all fees or obligations of Licensee under this Agreement shall be Licensee’s sole responsibility at Licensee’s sole cost and expense. Page 56 of 460 11 49311220.1 4.5 Permit. Licensee shall obtain, at its sole expense, all applicable permits as are required by City or any other Agency to perform work and ongoing use, as described in this Agreement, of poles located on the City Public Rights-of-Way. 4.5.1 Permit Approval, Deadline and Exception. The City may take up to: (a) Ninety (90) days to process the completed application for: Location or collocation of a Licensee Facility; or Replacement or modification of a Licensee Facility or Facilities. (b) Ninety (90) days to process a complete application that involves collocation of a tower, building, structure, or replacement structure other than a Small Cell Facility or Micro-Wireless Facility; or (c) One hundred fifty (150) days to process a complete application that involves a new structure or a new wireless service facility, other than a Small Cell Facility, Micro-Wireless Facility, or Small Cell Network and other than a collocation. (d) The Licensee and City may mutually agree that an application may be processed in a longer period than set forth above. 4.6 No Real Property Interest Created. Neither Licensee’s use of the City Public Rights-of-Way, nor anything contained in this Agreement, shall be deemed to grant, convey, create, or vest in Licensee a real property interest in any portion of the City Public Rights-of-Way or any other City property, including but not limited to, any fee or leasehold interest in any land or easement. Licensee, on behalf of itself and any permitted successor, lessee, or assign recognizes and understands that this Agreement may create an interest subject to taxation and that Licensee, its successor, lessee or assign may be subject to the payment of such taxes. 4.7 All Rights Nonexclusive. Notwithstanding any other provisions of this Agreement, any and all rights expressly or impliedly granted to Licensee under this Agreement shall be non- exclusive, and shall be subject and subordinate to (1) the continuing right of the City to use, and to allow any other Person or Persons to use, any and all parts of the City Public Rights-of-Way, exclusively or concurrently with any other Person or Persons and (2) the public easement for streets and any and all other deeds, title (collectively “Encumbrances”) which may affect the City Public Rights-of-Way now or at any time during the term of this Agreement, including without limitation any Encumbrance granted, created or allowed by the City at any time. 4.8 Collocation. This Agreement does not grant or approve any collocation rights to any person or entity, related or unrelated to the Licensee. Licensee is authorized to install one Licensee Facility per site. Additional facilities require new and additional licensure. In the event the City grants a collocation or similar right of way use request to a third party, Licensee will, if feasible, make such accommodations necessary to allow such collocation or pole attachment on any pole or other support structure referenced in this Agreement. This includes fees and/or pole Page 57 of 460 12 49311220.1 attachment agreements and fees that are fair and reasonable as defined by the City, State, or FCC. If collocation is not feasible, the collocation will not be permitted. 4.9 Consolidated Applications. Licensee, at Licensee’s discretion may file a consolidated application and receive a single Permit for the Licensee Facility instead of filing separate applications. Each Licensee Facility within the consolidated application remains subject to review for compliance with objective requirements and approvals provided for in this Agreement. The denial of any individual Licensee Facility is not a basis to deny the consolidated application as a whole or any other Licensee Facility incorporated within the consolidated application. 5.0 WAIVERS AND INDEMNIFICATION. 5.1 Non-Liability of City Officials, Employees and Agents. No elective or appointive board, commission, member, officer, employee or other agent of the City shall be personally liable to Licensee, its successors and assigns, in the event of any default or breach by the City or for any amount which may become due to Licensee, its successors and assigns, or for any obligation of City under this Agreement. 5.2 Obligation to Indemnify the City. Licensee, its successors and assigns, shall hold harmless, defend, protect and indemnify the City, including, without limitation, each of its commissions, departments, officers, agents, employees and contractors, from and against any and all actions, losses, liabilities, expenses, claims, demands, injuries, damages, fines, penalties, costs, judgements or suits, including, without limitation, reasonable attorneys’ fees and costs (collectively “Claims”) of any kind allegedly arising directly or indirectly from: (i) any act by, omission by, or negligence of Licensee or its contractors or subcontractors, or the officers, agents, or employees of any of them, while engaged in the performance of the work or conduct of the activities authorized by this Agreement, or while in or about the City Public Rights-of-Way or any other City property for any reason connected in any way whatsoever with the performance of the work, conduct of the activities or presence of the Licensee Facilities authorized by this Agreement, or allegedly resulting directly or indirectly from the presence, construction, installation, maintenance, replacement, removal or repair of the Licensee Facilities, (ii) any accident, damage, death or injury to any contractor, subcontractor, or any officer, agent or employee of either of them, while engaged in the performance of the work, conduct of the activities or presence of the Licensee Facilities authorized by this Agreement, or while in or about the City Public Rights-of- Way, for any reason connected with the performance of the work or conduct of the activities authorized by this Agreement, or arising from liens or claims for services rendered or labor or materials furnished in or for the performance of the work authorized by this Agreement, (iii) any accident, damage, death or injury, to real or personal property, good will, and Person(s) in, upon or in any way allegedly connected with the work or activities authorized by this Agreement or the presence of the Licensee Facilities from any cause or claims arising at any time including, without limitation, injuries or damages allegedly caused, directly or indirectly, in whole or in part, by radio wave transmission or electromagnetic fields emitted by the Licensee Facilities, (iv) any Release, or threatened Release, of any Hazardous Material caused in whole or in part by Licensee in, under, on or about the property subject to this Agreement or into the environment, or resulting directly or indirectly from the Licensee Facilities or the work or activities authorized by this Agreement, (v) any violation by Licensee of the terms and conditions hereof or any permit or grant issued by any Page 58 of 460 13 49311220.1 Agency in connection with the Licensee Facilities or Services or pursuant hereto, or any misrepresentation made herein or in any document given by Licensee in connections herewith, (vi) any direct or indirect interference by Licensee or the Licensee Facilities. 5.3 Scope of Indemnity. Licensee shall hold harmless and indemnify and defend the City as required herein, including without limitation, each of its commissions, boards, departments, officers, agents, employees and contractors (collectively, “City”), except for claims resulting from the negligence or willful misconduct of the City, including without limitation, each of its commissions, departments, officers, agents, employees and contractors. Licensee specifically acknowledges and agrees that it has an immediate and independent obligation to defend the City from any claim which actually or potentially falls within this indemnity provision, even if the allegations are or may be groundless, false or fraudulent, which obligation arises at the time of such claim it tendered in writing to Licensee by the City and continues at all times thereafter, except where the claims involve the negligence or willful misconduct of the City. Licensee agrees that the indemnification obligations assumed under this Agreement shall survive expiration or other termination of this Agreement. 5.4 No Liability for Damage, Death or Bodily Injury. Neither the City nor any of its commissions, departments, boards, officers, agents, contractors, or employees shall be liable for any damage to the property of Licensee, its officers, agents, employees, contractors or subcontractors, or their employees, or for any bodily injury or death to such person, resulting from the Licensee Facilities or activities authorized by this Agreement, the condition of any City property subject to this Agreement or Licensee’s use of any City property, except as otherwise provide herein, and except where the claims involve the negligence or willful misconduct of the City. 5.5 Waiver of All Claims. Licensee acknowledges that this Agreement is terminable by the City under limited circumstances as provided herein, and in view of such fact Licensee expressly assumes the risk of making any expenditures in connection with this Agreement, even if such expenditures are substantial, and Licensee expressly assumes the risk of selling its Services which may be affected by the termination of this Agreement. 5.6 No Liability for Consequential or Incidental Damages. Licensee expressly acknowledges and agrees that the City will not be liable for any consequential or incidental damages, including, but not limited to, lost profits and loss of good will, arising out of the termination of this Agreement or disruption to the Small Cell Facilities or Small Cell Networks or Licensee’s permitted activities hereunder. The City would not be willing to enter into to this Agreement in the absence of a waiver of liability for consequential or incidental damages due to the acts or omissions of City or its agents, and Licensee expressly assumes the risk with respect thereto. Accordingly, without limiting any indemnification obligations of Licensee or other waivers contained in this Agreement as a material part of the consideration for this Agreement, Licensee fully RELEASES, WAIVES and DISCHARGES forever any and all claims, demands, rights and causes of action for consequential or incidental damages (including, without limitation, lost profits and loss of good will), and covenants not to sue for such damages, City, its departments, boards, commissions, officers, Commissioners and employee, and all persons acting by, and through or under each of them, arising out of this Agreement or the work and activities authorized hereunder, including, without limitation, any interference with uses conducted by Licensee Page 59 of 460 14 49311220.1 pursuant to this Agreement, regardless of the cause, and whether or not due to the negligence or gross negligence of the City or its agents, except as may be permitted by law. 5.7 No Interference. Licensee shall not unreasonably interfere in any manner with the existence and operation of any and all public and private facilities existing now or in the future, without the express grant of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Agreement. Licensee shall be responsible for repair and restoration of any damage caused by such interference, to the extent it is caused by Licensee, to facilities belonging to the City. 5.7.1 RF Interference. Licensee shall ensure its Equipment will not cause radio frequency interference with the City’s wireless communication facilities or devices, cable television, broadcast radio or television systems, satellite broadcast systems, or City traffic, public safety or other communications signal Equipment at any time of Equipment operation. 5.7.2 Existing Uses. Licensee shall not interfere in any manner with any uses of public property, including the City Public Rights-of-Way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electric and telephone wires, sidewalk, streetlight fixtures, cable television, and other telecommunications, utility, and City property without the express written approval of the owner(s) of the affected properties. 5.7.3 City Communications. Licensee shall not interfere in any manner with current or future City or other government public safety, broadband, utility, or other communication systems. 5.7.4 City Interference. City reserves the right, but not the obligation, to maintain and operate its City Facilities in such reasonable manner as will best enable the City to fulfill its own service requirements or obligations. However, the City agrees to use reasonable efforts such that the City and/or any tenants, licensees, or users of the right-of-way who currently have or in the future take possession of space within the right-of-way will be permitted to install only such Equipment that is of the type and frequency which is designed to comply with then existing industry standards regarding potential interference with the then existing Equipment of the Licensee. 5.7.5 Remedies. Without limiting any other rights or remedies, if interference occurs and continues for a period in excess of forty-eight (48) hours following notice to the interfering party via telephone to Licensee’s Network Operations Center at ______________ or to the City’s Public Works Department at (303) 762-2500, the interfering party shall or shall require any other user of a City Facility to reduce power or cease operations of the interfering Equipment until the interference is cured under reasonable commercial standards. The Parties acknowledge there may not be an adequate remedy at law for noncompliance with the provisions of this Section 5.7 and therefore the Parties shall have the right to equitable remedies such as, without limitation, injunctive relief. 5.8 Survival of Termination. The provisions of Sections 5.1 through 5.7.5 inclusive, shall survive any termination of this Agreement. Page 60 of 460 15 49311220.1 6.0 INSURANCE. 6.1 Amounts and Coverages. Licensee will maintain in force, during the full term of this Agreement, insurance in the following amounts and coverages: 6.1.1 Workers Compensation, in the statutory amounts as required by the State of Colorado, including Employer’s Liability with a limit of $1,000.000 for each accident; $1,000,000 disease for each employee; $1,000,000 disease-policy limit. 6.1.2 Commercial General Liability with limits of two million dollars ($2,000,000.00) per occurrence Combined Single Limit for Bodily Injury and Property Damage and $4,000,000 general aggregate including premises-operations, products and completed operations, independent contractor, contractual liability, personal injury and advertising injury. 6.1.3 Professional Liability/Errors and Omissions in the amount of one million dollars ($1,000,000.00) each claim and aggregate. 6.1.4 Employee Dishonesty and Computer Fraud in the amount of one million dollars ($1,000,000.00) per occurrence. 6.1.5 Commercial Automobile Liability Insurance with limits of one million dollars ($1,000,000.00) Combined Single Limit each accident for Bodily Injury and Property Damage, including owned, non-owned and hired auto coverage, as applicable. 6.1.6 Builders’ Risk/Installation Floater Insurance must be maintained until whichever of the following first occurs: (a) The Builders’ Risk/Installation Floater insurance must be endorsed so that the insurance will not be canceled or lapse because of and partial use or occupancy by City. (b) The Builders’ Risk/Installation Floater insurance must include as named insureds, City, Licensee, and all tiers of contractors and others with an insurable interest in the Work. (c) The Licensee is responsible for payment of all deductibles under the Builders’ Risk/Installation Floater insurance policy. 6.2 Required Provisions. Licensee’s insurance coverage must be primary insurance with respect to the City, its officers, officials, and employees. Any insurance or self-insurance maintained by the City, its officers, officials, and employees shall be in excess of the coverage provided by Licensee and must not contribute to it. 6.2.1 Licensee’s insurance must apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Page 61 of 460 16 49311220.1 6.2.2 The policies must contain a severability of interest clause and waiver of subrogation against the City, its officers, officials, and employees, for losses arising from work performed by Licensee for the City. 6.2.3 Licensee is required to maintain Commercial General Liability insurance for so long as Licensee’s Equipment is located in or on City’s Public Rights-of-Way. Licensee must submit a Certificate of Insurance evidencing Commercial General Liability insurance at the beginning of this Agreement and anytime during the period that such insurance is renewed, evidencing the insurance requirement and including the required. Additional Insureds set forth herein. 6.3 City as Additional Insured. The above-referenced policies shall, excluding workers compensation and employer’s liability, and professional liability shall include the City, it officers, officials, and employees as an additional insured as their interest may appear under this Agreement with respect to liability arising out of activities performed by Licensee 6.4 Advance Notice of Cancellation. Upon receipt of notice from its insurer(s) Licensee shall use commercially reasonable efforts to provide thirty (30) days advance written notice to the City of cancellation mailed to the following address: City Clerk City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 Office of Risk Management City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 6.5 Claims-Made Policies. Should any of the required insurance be provided under a claims-made form, Licensee shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of one (1) year beyond the Agreement expiration, to the effect that, should any occurrences during the Agreement term give rise to claims made after the expiration of the Agreement, such claims shall be covered by such claims-made policies. 6.6 General Aggregate Limit. Should any of the required insurance be provided under a form of coverage that includes a general aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such aggregate limit shall double the occurrence or claims limits specified above. 6.7 Receipt of Certificates of Insurance. Certificates of Insurance, in the form reasonably satisfactory to the City, evidencing all coverages above shall be furnished to the City before commencing any operations under this Agreement. If a Certificate of Insurance is submitted as verification of coverage, the City will reasonably rely upon the Certificate of Insurance as evidence of coverage but this acceptance and reliance will not waive or alter in any way the insurance requirements or obligations of this Agreement. Page 62 of 460 17 49311220.1 6.8 Effect of Approval of Insurance. Approval of the insurance by the City shall not relieve or decrease the liability of the Licensee hereunder. 6.9 Effect of Lapse of Insurance. This Agreement shall terminate immediately, after written notice to Licensee and an opportunity to cure of three (3) Business Days, upon any lapse or required insurance coverage. 7.0 LICENSE FEE, RECORD AND DEPOSITS. In connection with the work to be performed and activities to be conducted by Licensee under this Agreement. 7.1 Annual Fee Per Licensee Owned Pole, or City Owned Pole with Licensee-Owned Facility Attached. As compensation for the right to attach to any City Facility by Licensee and/or for the placement of a Licensee Owned Pole and Facility in City Public Rights-of-Way, Licensee shall pay to the City an annual fee of $200.00 per pole (the “Annual Fee”). The Annual Fee shall be increased at the rate of one percent (1%) annually as of the anniversary date of the commencement of operation of the Facility, which date shall be agreed upon in writing by the Parties. Unless otherwise agreed, this Agreement anticipates and authorizes only one License Facility per pole or structure. The Annual Fee includes access to the right-of-way, placement of Licensee’s Facility, placement of all Equipment and meters needed to operate Licensee’s Facility, and, if applicable, placement of a Licensee Owned Pole. There will be no charge for any new or replacement poles placed in the City Public Rights-of-Way by Licensee, except for the cost of a right-of-way and/or building permit. There will be no other charges except as set forth herein. 7.1.1 The aggregate Annual Fee with respect to each year of the term shall be due and payable within forty-five (45 days) after the end of each calendar year, and shall be an amount equal to the number of City Facilities with attachments, plus the number of Licensee Owned Poles, multiplied by the Annual Fee, prorated as appropriate. 7.1.2 It is the intent of the parties that all facilities are to be placed on poles only. The parties to this Agreement do not intend, and this Agreement does not grant, the right to utilize or attach to any City owned buildings or structures other than certain poles in the City Public Rights-of-Way as specifically identified in Exhibit A-1 to the Site Supplement Form. 7.1.3 The parties to this Agreement do not intend, and this Agreement does not grant, the right to attach to third party owned properties or poles. That right is subject to a separate agreement, if any, between Licensee and the third-party. There shall be no fee payable by Licensee to the City for Licensee’s placement/attachment of Equipment to, on, or about a third party owned property or pole, and no Right-of-Way access fee for attachments to third-party owned properties or poles. 7.2 Retention of Records. Licensee shall at all times keep and maintain full, true and correct business and financial records associated with this Agreement, and upon reasonable request by the City, will provide such records, on no more frequently than a once a year basis, and in a format agreed to between the parties, as to demonstrate the payments made under Section 7.1 above. Page 63 of 460 18 49311220.1 7.3 Late Payment Charge. If Licensee fails to pay any amounts payable under this Agreement within ten (10) days following the due date thereof, and after written notice of such non-payment, such unpaid amount shall be subject to a late payment charge equal to five percent (5%) of the unpaid amount in each instance. The late payment charge has been agreed upon by the City and Licensee, after negotiation, as a reasonable estimate of the additional administrative costs and detriment that the City will incur because of any such failure by Licensee, the actual costs thereof being extremely difficult if not impossible to determine. 7.4 Other Payments and Documentation. In addition to all other fees to be paid to the City hereunder, Licensee shall timely pay to the City all applicable deposit fees, permit fees, engineering fees and other fees or amounts, required to be paid by Licensee to the City in connection with obtaining permits or performing work under this Agreement, and as required by any federal, state or local law, statute, ordinance, rule or regulation. Licensee therefore acknowledges and agrees that this Agreement alone is not sufficient in and of itself authorization from the City for the installation and operation of the Small Cell Facilities or Small Cell Networks and that additional documentation may be required by the City. 7.5 Bond Requirement. At or before the Effective Date, Licensee shall file with Licensor a good and sufficient bond in accordance with application requirements of Colorado law. The form and terms of the surety bond and the identity of the surety shall be subject to the reasonable approval of the City Attorney, the form of the bond should be substantially as shown in Exhibit E.The surety shall guaranty the full performance of Licensee’s restoration obligations arising upon expiration, termination or abandonment of this Agreement. Any acceptable surety instrument having an expiration date earlier than the expiration of the Term shall be automatically renewable. Any company issuing such a surety instrument must give Licensor at least sixty (60) days advance written notice prior to the effective date of cancellation or expiration of such surety instrument. The amount of the surety bond shall be $25,000.00 which is based upon the estimated cost of removing Licensee’s Equipment from sixty-three (63) City Facilities and the storing or disposing thereof. In the event Licensee has installed Equipment on more than 63 City Facilities, Licensor may reasonably require an increase in the amount of the surety bond based on an estimated restoration and/or disposal cost of $500.00 per City Facility. 8.0 WORK STANDARDS. 8.1 Performance of Work. Licensee shall use and exercise due care, caution, skill and expertise in performing all work under this Agreement and shall take all reasonable steps to safeguard and maintain in clean and workmanlike manner, all work site areas, including, without limitation, the light and signal poles on City Public Rights-of-Way and other existing facilities and property. All work to be undertaken by Licensee in the City Public Rights-of-Way shall at all times be performed by workers in accordance with generally accepted industry practice. 8.2 Work Plan. As part of the Permit Licensee obtains pursuant to Section 4.5, and approved within the application timelines in Section 4.5.1, Licensee shall present a map to scale showing all right-of-way lines and limits, and a written proposal describing the work to be performed and the facilities, methods and materials (if any) to be installed (“Work Plan”) to the City for review and as part of the Permit. In addition, prior to conducting any work in the City Page 64 of 460 19 49311220.1 Public Rights-of-Way, Licensee shall provide to the City the name and telephone number of Licensee’s contractor who will perform the work. 8.3 No Underground Work Without Written Authorization. Licensee hereby represents, warrants and covenants that Licensee shall perform no excavation, trenching, coring, boring, or digging into the ground or installation of any Equipment or other material into the ground, or any other underground work in connection with the work to be performed or Services to be provided by Licensee under this Agreement, except to the extent expressly approved by the City. Licensee further represents, warrants and covenants that it shall not otherwise disturb or disrupt the operation or maintenance of any sanitary sewers, storm drains, gas or water mains, or other underground, cables, mains or facilities. 8.4 Joint Trenching/Boring. Licensee will attend and participate in planning meetings of the City, of which Licensee is made aware, to anticipate joint trenching and boring. Whenever it is possible and reasonably practicable to joint trench or share bores and cuts, Licensee shall work with other providers, licensees, permittees, and franchisees so as to reduce so far as possible the number of rights-of-way cuts within the City. In addition, Licensee shall allow the City to place conduit within any trench or bore constructed by the Licensee pursuant to this Agreement for placement of Licensee’s Equipment, for future use of the City. 8.5 Repair or Replacement of Damaged Facilities or Property. Upon written request, Licensee agrees to repair or replace too City’s reasonable satisfaction any City-owned facilities or City-owned property that the City determines has been damaged, destroyed, defaced or otherwise injured as a result of the work performed or Services provided by Licensee under this Agreement. All such work must be completed within ninety (90) days of receipt of written request from the City. Licensee shall perform such work at no expense to the City, except to the extent such damage, destruction, defacement, or injury was caused by the sole negligence or willful misconduct of the City. 8.6 Hazardous Substances. Licensee agrees that Licensee, its contractors, subcontractors and agents, will not use, generate, store, produce, transport or dispose of any Hazardous Substance, on, under, about or within the area of a City owned facility or in the right- of-way in which it is located in violation of any federal, state, county, or local law, ordinance or regulation. Except to the extent of the negligence or intentional misconduct of the City, Licensee will pay, indemnify, defend and hold City harmless against and to the extent of any loss or liability incurred by reason of any Hazardous Substance produced, disposed of, or used by Licensee pursuant to this Agreement. Licensee will ensure that any on-site or off-site storage, treatment, transportation, disposal or other handling of any Hazardous Substance will be performed by persons who are properly trained, authorized, licensed and otherwise permitted to perform those services. The Parties recognize that Licensee shall not be responsible for any environmental condition or issue except to the extent resulting from Licensee’s specific activities and responsibilities under this Agreement. 9.0 TERMINATION. 9.1 Immediate Termination Upon Notice in Certain Circumstances. In addition to all other rights and/or remedies provided by Law or in equity, either party may terminate this Page 65 of 460 20 49311220.1 Agreement immediately upon written notice to the other party in the event of either of the following: 9.1.1 By City, after written notice to Licensee and after opportunity to meet with representatives of the City, and after Licensee is given a reasonable opportunity of not less than 90 days to cure alleged adverse condition, if the City reasonably determines that Licensee’s continued use of the Public Rights-of-Ways will adversely affect public health or safety; 9.1.2 By either party (the “Non-Defaulting Party”) if the other party has failed to perform any of its material obligations under this Agreement, provided, however, that if the Defaulting Party’s failure to perform under or comply with this Agreement is capable of being cured, and if a specific notice or cure period or time for performance of such obligation is not otherwise specified in this Agreement, then the Non-Defaulting Party shall provide the Defaulting Party with a notice of the Defaulting Party’s failure to perform or comply and provide the Defaulting Party with thirty (30) days from the date of the notice to cure the failure to perform or comply to the Non-Defaulting Party’s reasonable satisfaction; provided, further, that upon the occurrence during the term of this Agreement of two (2) defaults of the same obligation by either Party, the Non-Defaulting Party shall not be required to provide any notice regarding the Defaulting Party’s failure to perform such obligation, and any subsequent failure by the Defaulting Party after the Defaulting Party hereunder without any requirement on the part of the Non- Defaulting Party to give the Defaulting Party notice of such failure or an opportunity to cure. 9.2 Effect of Termination. In the event of termination of this Agreement as herein provided, Licensee shall immediately cease all work being performed under this Agreement, excepting only that work necessary for Licensee to remove all Licensee Facilities from the City Public Rights-of-Way as provided in Section 3.4 above and repair as needed. Termination of this Agreement by the City as herein provided shall constitute the withdrawal of any grant, consent or authorization of the City for Licensee to perform any construction or other work under this Agreement in the City Public Rights-of-Way or on public property excepting only that work necessary for Licensee to remove all Licensee Facilities and leave all work site areas in a clean and safe condition and in accordance with Section 3. Upon any such early termination, the City shall promptly remit to Licensee a prorated portion of the annual license fee paid to the City, if any. 10.0 NOTICES. Except as otherwise expressly provided in this Agreement, any notice given hereunder shall be effective only if in writing and given by delivering the notice in person, or by sending it first- class mail or certified mail with a return receipt requested, postage prepaid, or reliable commercial overnight courier, return receipt requested, with postage prepaid to: Page 66 of 460 21 49311220.1 CITY City Clerk City of Englewood 1000 Englewood Parkway Englewood, CO 80110 City Manager City of Englewood 1000 Englewood Parkway Englewood, CO 80110 City Attorney City of Englewood 1000 Englewood Parkway Englewood, CO 80110 LICENSEE ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ Or to such other address as either the City or Licensee may designate as its new address for such purpose by notice given to the other in accordance with the provisions of this Section at least ten (10) days prior to the effective date of such change. 11.0 COMPLIANCE WITH LAWS. 11.1 Licensee shall comply with all present and future laws, ordinances, regulations, or statutes. The terms of this Agreement shall be construed and governed by the laws of the State of Colorado. 11.2 All facilities installed pursuant to this Agreement shall be constructed to comply with all lawful federal, state and local construction and applicable telecommunications requirements. Page 67 of 460 22 49311220.1 12.0 MISCELLANEOUS. 12.1 Amendments. Neither this Agreement nor any term or provisions hereof may be changed, waived, discharged or terminated, except by written instrument signed by the parties hereto. 12.2 Representation and Warranties. Each of the persons executing this Agreement on behalf of Licensee does hereby covenant, represent and warrant that, to the best of his or her knowledge, (a) Licensee is a duly authorized and existing business corporation, partnership, limited liability company, limited partnership or other incorporated entity under the corporation laws of the State of Colorado and is qualified to do business in the State of Colorado, and has full right and authority to enter into this Agreement, (b) each and all of the persons signing or behalf of Licensee are authorized to do so, (c) all financial statements and reports previously provided to the City by Licensee are true and complete in all material respects and accurately reflect the financial condition of Licensee as of the date such statements were provided to the City, and Licensee’s financial condition as of the date it executes this Agreement is not materially worse than that reflected in the most recent of such financial statements and reports, and (d) the Small Cell Facilities or Small Cell Networks installed pursuant to this Agreement shall comply with all applicable FCC standards regarding radio frequencies and electromagnetic field emissions. Upon the City’s written request, Licensee shall provide the City with evidence satisfactory to the City confirming the foregoing representations and warranties. 12.3 Interpretation of Agreement. This Agreement has been negotiated at arm’s length and between the persons sophisticated and knowledgeable in the matters dealt with herein and shall be interpreted to achieve the intents and purposes of the parties, without an presumption against the party responsible for drafting any part of this Agreement. Use of the word “including” or similar words shall not be construed to limit any general term, statement or other matter in this Agreement, whether or not language of non-limitation, such as “without limitation” or similar words, are used. 12.4 Assignment; Successors and Assigns. Neither this Agreement nor any part of Licensee’s rights hereto may be assigned, pledged or hypothecated, in whole or in part, without the express written consent of the City, which consent will not be unreasonably withheld, conditioned, or delayed. Notwithstanding the foregoing, the transfer of rights and obligations of Licensee hereunder to a parent, subsidiary, successor, financially viable affiliate of Licensee, or as a result of a merger, acquisition, change of control or sale of substantially all of Licensee’s assets in the market defined by the FCC, which includes the City, shall not be deemed an assignment for the purposes of this Agreement, provided that Licensee delivers to the City the following: (1) surety bond issued in the name of the transferee; (2) Assignment and Assumption Agreement between the City and transferee; (3) Certificate of Insurance naming transferee as insured. 12.5 Bankruptcy. In the event that Licensee files a petition in bankruptcy pursuant to 11 U.S.C. Sections 101 et seq., the assignment of this Agreement shall be governed by the provisions of the Bankruptcy Code. An assignment of this Agreement is only enforceable against the City if Licensee or its trustee in bankruptcy complies with the provisions of 11 U.S.C. Section 365, including obtaining the authorization from the Bankruptcy Court. City hereby expressly reserves all of its defenses to any proposed assignment of this Agreement. Any person or entity to which Page 68 of 460 23 49311220.1 the Bankruptcy Court authorizes assignment of this Agreement shall be deemed without further act to have assumed all of the obligations of the Licensee arising under this Agreement on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to the City an instrument confirming such assumption. Any monies or other considerations payable to or otherwise to be delivered in connection with such assignment shall be paid to the City, shall be exclusive property of the City, and shall not constitute property of Licensee or of the estate of Licensee within the meaning of the Bankruptcy Code. 12.6 Severability. If any provision of this Agreement or the application thereof to any person, entity or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provisions to such persons, entities or circumstances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by Law. 12.7 No Waiver. A Party shall not be excused from complying with any of the terms and conditions of this Agreement by any failure of a Party upon any one or more occasions to insist upon or seek compliance with any such terms or conditions. 12.8 Attorney Fees and Cost Provision. In the event that either party to this Agreement shall commence any action against the other party arising out of or in connections 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. 12.9 Entire Agreement. This instrument (including Exhibits hereto, which are made a part of this Agreement) contains the entire agreement between the parties and supersedes all prior written or oral negotiations, discussions, understandings and agreements. The parties further intend that this Agreement shall constitute the complete and exclusive statement of its term and no extrinsic evidence whatsoever (including prior drafts of this Agreement and changes therefrom) may be introduced in any judicial, administrative or other legal proceedings involving this Agreement. 12.10 Force Majeure. With respect to any provision of this Agreement, the violation or non-compliance of any term of this Agreement which could result in the imposition of a financial penalty, liquidated damages, forfeiture or other sanction upon a Party, such violation or non- compliance shall be excused where such violation or non-compliance is the result of acts of God, war, civil disobedience, strike or labor unrest, or other events, the occurrence of which was not reasonably foreseeable by such Party and is beyond the Party’s reasonable control. 12.11 Time of Essence. Time is of the essence with respect to all provisions of this Agreement in which a definite time for performance is specified. 12.12 Obligations Subject to Appropriations. City’s obligations under this Agreement in subsequent fiscal years are subject to the annual appropriation of funds sufficient and intended for such purpose by the City’s Governing Body in its discretion. Page 69 of 460 24 49311220.1 12.13 Cumulative Remedies. All rights and remedies of either party hereto set forth in this Agreement shall be cumulative, except as may otherwise be provided herein. 12.14 Relationship of the Parties. The City is not, and none of the provisions in this Agreement shall be deemed to render the City, a partner in Licensee’s business, or joint venture or member in any joint enterprise with Licensee. Neither party shall act as the agent of the other party in any respect hereunder, and neither party shall have the authority to commit or bind the other party without such party’s prior written consent as provided herein. This Agreement is not intended nor shall it be construed to create any third party beneficiary in any third party, unless otherwise expressly provided. LICENSEE: ________________________________________________ ________________________________________________ By: _____________________________________________ Title: ____________________________________________ Dated: ___________________________________________ CITY OF ENGLEWOOD: A Colorado Home Rule Municipality By: _____________________________________________ Title: ____________________________________________ Dated: ___________________________________________ ATTEST: _________________________________________________ City Clerk Page 70 of 460 25 49311220.1 EXHIBIT A SITE SUPPLEMENT FORM This Supplement (“Supplement”), made this _______ day of _____________________, 20_____ (“Effective Date”) between the City of Englewood, with an address of 1000 Englewood Parkway, Englewood, Colorado 80110, hereinafter referred to as “City” and _________________ ______________________________________________________________________________ hereinafter referred to as “Licensee”. 1. Supplement. This is a Site Supplement as referenced in the attached Agreement for the use of the City’s property in connection with the operation of a wireless network, between the City and Licensee dated ___________ ____, 20___ (“Agreement”). All of the terms and conditions of the Agreement are incorporated herein by reference and made a part hereof without the necessity of repeating or attaching the Agreement. In the event of a contradiction, modification or inconsistency between the terms of the Agreement and this Supplement, terms of the Agreement shall govern. Capitalized terms used in this Supplement shall have the same meaning as set forth in the Agreement unless otherwise indicated herein. 2. Project Description and Locations. _____ Licensee shall have the right to the City Facility for a Licensee Facility/Equipment at the designated areas in the City Public Rights-of-Way as further described in Exhibit A-1 attached hereto (the “Licensed Area and Description of Facilities”); OR _____ Licensee shall have the right to place its own Licensee Facility/Equipment and pole at the designated areas in the City Public Rights-of-Way as further described in Exhibit A-1 attached hereto (the “Licensed Area and Description of Facilities”). 3. Equipment. The Equipment to be installed at the Licensed Area is described in Exhibit A-2 (“Table 2). 4. Term/Termination. The term of this Supplement shall be set forth as in Section 2.0 of the Agreement. If the Licensee has not installed the Equipment in the Licensed Area within one (1) year from the date of this Supplement, this Supplement shall be deemed automatically terminated. 5. Fees. The initial annual Rental Fee for the term of this Supplement shall be $200.00 per facility, as determined in accordance with the Agreement, and as adjusted by Section 7.1 of the Agreement. This does not include permit fees associated with the installation. 5. Commencement Date. The Commencement Date for the installation of Licensee’s Equipment shall be the date upon which the Supplement is entered into by the Parties (“Supplement Commencement Date”). The Supplement Commencement Date shall be confirmed in writing signed by the Parties in substantially the form attached hereto as Exhibit A-3.The first payment due will be paid within 90 days of the Supplement Commencement Date, Page 71 of 460 26 49311220.1 with annual payments thereafter made in accordance with the provisions of Section 7.1.1 of the Agreement. 6. Approvals/Fiber. It is understood and agreed that Licensee’s ability to use the Licensed Area is contingent upon its obtaining all of the certificates, permits and other approvals (collectively “Government Approvals”) that may be required by any Federal, State or Local authorities, as well as a satisfactory fiber and electrical connection which will permit Licensee use of the Licensed Area as set forth above. In the event that (i) any of such applications for such Governmental Approvals should be finally rejected; (ii) any Governmental Approval issued to Licensee is canceled, expires, lapses, or is otherwise withdrawn or terminated by governmental authority; (iii) Licensee determines that such Governmental Approvals may not be obtained in a timely manner; (iv) Licensee determines that it will be unable to obtain in a satisfactory manner, or maintain any fiber or power connections; or (v) Licensee determines that the Licensed Area is no longer technically compatible for its use, Licensee shall have the right to terminate this Supplement. Notice of the Licensee’s exercise of its right to terminate shall be given to the City in writing by certified mail, return receipt requested, and shall be effective upon the mailing of such notice by the Licensee, or upon such later date as designated by the Licensee. All rentals paid to said termination date shall be retained by the City. Upon such termination, this Supplement shall be of no further force or effect except to the extent of the representations, warranties and indemnities made by each party to the other hereunder. Otherwise, Licensee shall have no further obligations for the payment of Rent to the City. 7. Miscellaneous. _____________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ CITY OF ENGLEWOOD ATTEST: By: ___________________________________ ________________________________ City Clerk ____________________________________ Public Works Director Page 72 of 460 27 49311220.1 LICENSEE: _____________________________________ _____________________________________ By: ____________________________________ Print Name: _____________________________ Title: ___________________________________ [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 73 of 460 28 49311220.1 Exhibit A-1 Licensed Area and Description of Facilities Table 1 SITE ID NO. STREET NAME/INTERSECTION AND QUADRANT POLE IS LOCATED ON GIS COORDINATES POLE TYPE POLE HEIGHT Page 74 of 460 29 49311220.1 Exhibit A-2 Table 2 SITE ID NO. POLE ALTERATION ATTACHMENT HEIGHT TYPE OF EQUIPMENT ATTACHED Page 75 of 460 30 49311220.1 Exhibit A-3 Acknowledgment LICENSEE SHALL PROVIDE THE FOLLOWING AS IS APPLICABLE TO BE CONSIDERED BY THE CITY IN WHETHER TO GRANT THE SUPPLEMENTAL SITE LICENSE: • Plot plan, to scale, showing right-of-way lines and limits, engineering design, and specifications for installation of utilities, including the location of radios, antenna facilities, transmitters, Equipment shelters, cables, conduit, point of demarcation, backhaul solution, electrical distribution panel, electric meter, electrical conduit and cabling, and all other associated Equipment. Where applicable, the design documents shall include specifications or design, pole modifications, and ADA compliance. o The plot plan shall show existing sidewalk size, width and depth, all existing public and private utilities, existing trees, traffic control signs and Equipment, and other existing improvements, with dimensions to/from each, as applicable. o Licensee shall submit photographs of the proposed Wireless Site and specific Equipment proposed for attachment along with plot plan and drawings. • For City Facilities, include documentation from the City verifying the pole is eligible for attachment. Also include a load bearing study that determines whether the pole requires reinforcement or replacement in order to accommodate attachment of the Equipment. If pole reinforcement or replacement is warranted, the design documents shall include the proposed pole modification. • For Replacement or new Pole installations, include documentation verifying the pole location is in the Right-of-Way and is eligible for installation. Include a list of adjacent property owners. If the proposed installation includes a new structure, provide design and specification drawings for the new structure. • If the proposed installation will require reinforcement or replacement of the existing pole, provide applicable design and specification drawings. • The number, size, type and proximity to the facilities of all communications conduit(s) and cables to be installed. • Description of the utility services required to support the facilities installed. • A typewritten legal description with (1) the Section, Township and Range, and County being affected, and if it is part of a subdivision, it shall be stated also; (2) the Point of Beginning to an established land corner or to a subdivision plat that is tied to an established land corner, with curves showing radius, delta, arc length and angle to radius point if curve is non-tangent, and area to be included in square feet; and (3) the legal described SIGNED and SEALED by a surveyor registered in the State of Colorado. Page 76 of 460 31 49311220.1 • For City Facilities, provide insurance as required in Section 6.0 of the Agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 77 of 460 32 49311220.1 EXHIBIT B TECHNICAL REQUIREMENTS 1. This Exhibit B sets forth the additional technical requirements applicable to all Small Cell Facility and Small Cell Network Wireless Sites and attachments permitted under a Site Supplement to the Agreement between the City and Licensee. Terms not defined herein shall have the definitions set forth in the Agreement to which this Exhibit C is attached. 2. Licensee shall not, unless otherwise agreed between the parties: a. Install a structure in the Right-of-Way with a height in excess of fifty (50) feet; b. Increase or seek to increase the height of any structure in the Right-of-Way to a total height in excess of fifty (50) feet, except that the Licensee may increase the height of an electrical utility pole by up to an additional five (5) feet to the extent required by Applicable Law or industry standards for the placement on the top of a distribution pole; or c. Install at ground level Equipment shelters or cabinets or electrical distribution panels, except, in each case after all reasonable alternative pole locations and underground locations have been explored and found unavailable due to technical and radio frequency needs, construction costs, or lacking in a substantial manner. 3. Nothing in this Agreement or Exhibit shall be interpreted to authorize the installation of macro wireless communications service facilities, macro base stations, or a similar high-powered cellular facility in the Right-of-Way, nor the installation of macro wireless towers or poles intended to serve macro facilities, except pursuant to Federal, State or Local law. 4. Licensee Facility Sites shall be installed within the footprint of an area of no more than thirty-six (36) square feet. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 78 of 460 33 49311220.1 EXHIBIT C OPERATIONAL AND DESIGN STANDARDS This Exhibit C sets forth additional Operational and Design standards for the installation of Small Cell Facility and Small Cell Network Equipment in or upon City owned, third party owned, or privately owned poles that are in or on the City’s Right-of-Way. These standards are intended to protect the brand identity of the City of Englewood, and mitigate the negative impacts of visual clutter along area roadways and Rights-of-Ways. 1. Operational Standards. a. Federal Requirements. All Small Cell Facility and Small Cell Network Equipment and other wireless communication transmission Equipment utilizing small cell technology installed pursuant to this Agreement and all associated Site Supplements (“Equipment”) shall meet the current standards and regulations of the FAA, FCC and any other agency of the Federal or State government with the authority to regulate telecommunications Equipment. If such standards and regulations are changed, amended, or modified, Licensee shall bring such Equipment into compliance with such revised standards and regulations within the time period mandated by the controlling federal or state agency. Failure to meet such revised standards and regulations shall constitute grounds for the removal of the Equipment from any site under this Agreement at Licensee’s expense. b. Radio Frequency Standards. Subject to Section 5.7 et seq. of this Agreement, all Equipment shall comply with federal standards for radio frequency emissions. If concerns regarding compliance with radio frequency emission standards for Equipment are made to the City, the City may request Licensee provide information demonstrating compliance with such standards. If such information suggests, in the reasonable discretion of the City, the Equipment may not be in compliance, the City may request and Licensee shall submit a project implementation report which provides cumulative field measurements of radio frequency emissions of all antennas installed at the subject site, and which compares the results with established federal standards. If, upon review, the City finds the facility does not meet federal standards, the City may require removal of the Equipment as an unauthorized use under this Agreement. Any reasonable costs incurred by the City, including reasonable consulting costs to verify compliance with these requirements, shall be paid by Licensee upon demand by the City or, if such costs remain unpaid after demand, the City may recover such costs by the manner and method authorized to recover nuisance abatement costs under the Englewood Municipal Code 2000, as amended. 2. Design Standards. The Design Standards set forth herein shall apply to all locations and designs of all Equipment governed by this Agreement, more specifically set forth below. The desire of the Parties to this Agreement is that the Equipment shall be designed and located to minimize the impact on the surrounding neighborhood and to maintain the character and appearance of the specific location where the Equipment will be located. Page 79 of 460 34 49311220.1 General Standards. 1. A building permit shall be required for all towers, Equipment, and telecommunication facilities. a. All design plans shall be rendered and submitted on standard engineering drawings, including but not limited to, a site survey showing the surrounding conditions of the proposed location/site. Surrounding conditions can include, but are not limited to, the location of sidewalks, driveways, roads, alleys, and other public or private Right-of-Way features that may be impacted by the construction and locations of the Small Cell Facility and related Equipment. b. Final site approval for the location of a Small Cell Network wireless facility shall be approved by the Director of Public Works or his/her designee. 2. All Equipment covered by this Agreement shall be as architecturally compatible with the surrounding area as feasible. 3. All electrical, communication, and other wiring to Equipment components, including radios, antennae and backhaul connections, shall be fully concealed, internal to the structure where possible and shrouded in all instances. 4. Existing Poles. The City of Englewood encourages the use of existing poles to reduce the instances of visual clutter. This may also include the replacement of an existing pole. Such replacement shall be placed generally in the same location as the old pole. The replacement shall be of the same material or better as the pole it is replacing. 5. New Poles. New poles shall be designed in a manner that conforms to the City’s district development regulations, including, but not limited to, setback requirements, lot coverage requirements, and shall: a. Incorporate desired materials, shape, colors and aesthetic elements that conform to the City’s brand identity. b. Be multifunctional in that they may have a purpose in addition to service as a pole for small cell networks in a manner that can be incorporated for use throughout the City and especially the downtown and Civic Center areas, including security cameras, pedestrian-level lighting and banners. c. Support colocation with a minimum of one additional small cell network Licensee or other service if it is possible to do so and keep all Equipment fully concealed. d. All new poles shall be similar in design, materials, color, shape, height, as set forth in the City’s ordinances governing the construction of poles and towers, and shall incorporate any other features as necessary to reinforce a uniform pattern. 6. Concealment of Equipment. a. Antenna Equipment. Page 80 of 460 35 49311220.1 i. Shall be fully concealed in an enclosed casement that shall, to the greatest extent possible, mimic the pole upon which it is placed in terms of materials (with the exception of wood), color and design. ii. Equipment shall not extend beyond the width and diameter of the pole upon which it is affixed. iii. Shall be constructed in such a manner that leaves no visible gap between the pole and antenna. iv. Equipment shall not be artificially illuminated, unless required by the FAA or other applicable governmental authority, or the Equipment is mounted on a light pole or other similar structure primarily used for lighting. If lighting is required, the City may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views. Lighting shall be shielded or directed to the greatest extent possible so as to minimize the amount of glare and light falling onto nearby properties, particularly residences. b. Camouflage/Concealment. All Equipment shall, to the extent possible, match the appearance and design of existing City Facilities adjacent to the Wireless Site, as much as possible, and when technically practicable the Equipment should incorporate camouflage design techniques including, but not limited to the use of materials, colors, textures, screening, landscaping, or other design options that will blend the Equipment to the surrounding natural setting and built environment. Design, materials and colors of Equipment not identical to existing City Facilities shall otherwise be compatible with the surrounding environment. Designs shall be compatible with structures and vegetation on the same parcel and adjacent parcels. i. Camouflage design may be of heightened importance where findings of particular sensitivity are made (e.g. proximity to historic or aesthetically significant structures, views, and/or community features). In such instances where Equipment is located in areas of high visibility, they shall (where possible) be designed to minimize profile. ii. All Equipment, including antennas, vaults, Equipment rooms, Equipment enclosures, and tower structures shall be constructed out of non-reflective materials (visible exterior surfaces only). c. Every effort should be taken to avoid placement of additional Equipment on a pole other than the antenna, fiber and associated encasements. Additional Equipment shall be placed at ground level unless otherwise approved by the Director of Public Works or their designee. All Equipment shall be concealed to the greatest extent possible. d. Equipment shall be sited in a manner that takes into consideration its proximity to residential structures and residential district boundaries, uses on adjacent and nearby properties, and the compatibility of the facility to these uses, including but not limited to Wireless Site to first and second story windows. Page 81 of 460 36 49311220.1 e. Equipment shall be designed to be compatible with the site, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Appurtenances shall match the standard form factor of the City’s Facility. f. Equipment shall be designed to have minimal impact on the surrounding area of the proposed egress and ingress. g. Control boxes or base stations that are located above ground or upon a pole shall be concealed either through landscaping or application of artwork. Including the use of neutral, non-reflective color that is identical to, or closely compatible with, the color of the supporting structure, or uses other camouflage/concealment design techniques so as to make the antenna and supporting structures/facilities as visually unobtrusive as possible. h. The cost of concealment and ongoing maintenance shall be fully borne by the Licensee. 7. Future reconstruction and visual enhancement projects. In the event that a future reconstruction or beautification project, undertaken by the City, impacts the small cell network Equipment, including established poles, it shall be the responsibility of the Licensee to replace Equipment in accordance with the new design standards. a. The City, in efforts to improve mobility, reduce visual clutter, beautify corridors and otherwise improve community character, reserves the right to cause power and communication lines and Equipment within the public rights-of-way or within easements to be placed below ground. b. In the event that new poles are required the small cell network provider shall follow the procedures and standards established by the City and any ordinances for the construction of such poles. 8. No small cell network Equipment shall be placed in a manner that impedes or interrupts safe and convenient travel by pedestrians, bicyclists or transit services. No portion of the Equipment shall extend beyond the Right-of-Way without prior approval(s). 9. Colocation. Where technically feasible, Equipment may be required to be designed and constructed to permit the support structure to accommodate Equipment from as least two (2) wireless service providers on the same support structure unless the City approves an alternative design. The Licensee shall not unfairly exclude a competitor from using the same facility or location. 10. All areas impacted by the construction and placement of Small Cell Network Equipment shall be returned to the same or better condition than existed prior to such installation or construction. The Licensee may propose an alternative reconstruction method prior to construction. Page 82 of 460 37 49311220.1 11. In addition to the above Design Criteria, Licensee shall abide by all current and future City ordinances, rules and regulations regarding the construction of towers and telecommunications facilities, in the Englewood Municipal Code 2000, Title 16, Chapter 2, Title 16, Chapter 7, and Title 5, Chapter 27. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 83 of 460 38 49311220.1 EXHIBIT D ATTACHMENT TO CITY OF ENGLEWOOD TRAFFIC CONTROL SIGNAL FACILITIES TRAFFIC SIGNAL POLE REQUIREMENTS The City traffic signal poles are engineered structures designed to specific loading criteria and required AASHTO standards. Modifications to the loading due to Small Cell Wireless Equipment installation shall require an engineering analysis stamped by a Colorado licensed professional engineer, provided at Licensee’s expense. All outside engineering analysis shall be subject to approval by the City’s Public Works Department. All cabling must be external to the signal pole and shielded per Englewood Engineering standards to eliminate interference with existing signal cables and conductors. All Equipment installed by the Licensee shall be designed and installed to contain separate power cables and meters. Separate power fuses shall be installed to prevent the pole from becoming electrified due to an Equipment fault. All installed Equipment, including but not limited to, cables, conduits, and bands shall be installed as to not interfere with access to or any operations of any traffic signal Equipment, including any traffic monitoring or enforcement Equipment currently, or in the future, installed on the traffic signal pole. Equipment installation or servicing on signal poles shall be coordinated with the Englewood Public Works Departments. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 84 of 460 39 49311220.1 EXHIBIT E CITY OF ENGLEWOOD SURETY BOND (Below is a Proforma Only – Actual Form To Be Supplied by Licensee’s Bank) Principal: __________________________ Surety Bond Amount: _____________ Surety Bond No.: _________________ KNOW ALL MEN BY THESE PRESENT, THAT WE ___________________________________________________________________________, of ________________________________________________________________, as Principal and _______________________________________________________________, as surety, are held and firmly bound unto the City of Englewood or its assigns, in the sum of $________ __________________, lawful money, to be paid unto the City for the true payment of which we bind ourselves, our heirs, executors, administrators and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a Small Cell Facilities or Small Cell Networks License Agreement dated January ____, 2019 with the City (“Agreement”), which contract is referred to and made a part hereof as if fully set forth; and WHEREAS, Section 7.5 of the Agreement requires a Security Deposit to cover incidental expenses and costs, damages and fees not covered by any insurance policies including but not limited to: interest, charges by the City to remove Small Cell Facilities or Small Cell Networks and unpaid permit and administrative fees; and WHEREAS, the City conditionally granted approval on __________________________ for the Licensee Facilities Plans and Specifications as set forth in the Agreement. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION, is such that this obligation shall remain in full force and effect until the sixtieth (60th) day after the Expiration Date of the Agreement or other lawful termination hereof, to insure the faithful performance by Licensee of all of the covenants, terms and conditions of the Small Cell Facilities or Small Cell Networks License Agreement. Thirty (30) days prior written notice to the City is required for surety bond cancellation or material change thereof. Whenever Principal shall be declared by the City to be in default under the approved Licensee Facilities Plans and Specifications or Agreement, the surety shall promptly, or make available sufficient funds to pay the costs of the City in remedying the deficiencies in accordance with the terms of this Agreement, but not exceeding the amount set forth in the first paragraph hereof. Page 85 of 460 40 49311220.1 Signed, sealed and dated this _______ day of _________________________ 20_____. IN THE PRESENCE OF: _________________________________ Principal: _______________________________ _________________________________ Signed: _________________________________ Title: ___________________________________ Surety: __________________________________ Signed: __________________________________ Title: ____________________________________ Page 86 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Sam Watson DEPARTMENT: Police DATE: May 20, 2019 SUBJECT: CB 18 - MOU City of Englewood and Arapahoe County Sheriff MARS truck DESCRIPTION: CB 18 - MOU City of Englewood and Arapahoe County Sheriff MARS truck RECOMMENDATION: Staff recommends approval of an ordinance authorizing a memorandum of understanding between the Arapahoe County Sheriff's Office and the City of Englewood to utilize a Mobile Adjustable Ramp System (MARS) truck in public safety instances requiring this equipment. PREVIOUS COUNCIL ACTION: There has been no previous council action regarding this memorandum of understanding. SUMMARY: The Arapahoe County Sheriff's Office received a grant through the Denver Urban Area Security Initiative (UASI) to acquire the MARS Truck. Per UASI, grant recipients are required to make the equipment available, have Memorandums of Understanding with participating agencies, and have participating agencies train on the truck and equipment. It is the intent of each of the Participating Agencies to have access to and request the MARS Truck. The mission is to provide each Participating Agency’s community with responsive, highly trained, seamless response to serious incidents. ANALYSIS: The participating agencies (ACSO and EPD) maintain common training programs, protocols and procedures for tactical teams and response to serious incidents; and the participating agencies desire to benefit from the requested use of the MARS Truck to enhance the working relationship between each other and in order to improve safety and services to both communities. All participating agencies will provide at a minimum, two (2) SWAT Officers to be trained by the Arapahoe County Sheriff's Office on the MARS Truck two (2) times per year. This training is to maintain proficiency and deployment utilization. When the MARS Truck is called out from ACSO for an incident, an ACSO Special Operations supervisor and two operators trained and proficient in the use and deployment of the vehicle will respond to the incident. These individuals are only on scene to assist in deployment of the vehicle and operation of the ramp, not to become engaged in the incident. Beyond the use of the MARS Truck, the Arapahoe County Sheriff or his/her designee must approve any additional request to use ACSO Special Operations personnel as a functional component to supplement Page 87 of 460 the manpower of the participating agency’s primary team on any incident. This request would fall under mutual aid requirements and standards. FINANCIAL IMPLICATIONS: The participating agency (Englewood Police Department) shall be responsible for all costs to repair any damage, other than normal wear and tear, to the MARS Truck resulting from use by such party’s employees, volunteers, agents and/or contractors. ALTERNATIVES: The alternative is not to have this MOU with ACSO and not being able to utilize the MARS truck in a public safety incident. CONCLUSION: Staff recommends approval of this ordinance. ATTACHMENTS: Council Bill #18 Memorandum of Understanding Page 88 of 460 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 18 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER WINK AN ORDINANCE AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, STATE OF COLORADO, ACTING ON BEHALF OF THE ARAPAHOE COUNTY SHERIFF’S OFFICE (ACSO) AND THE LAW ENFORCEMENT AGENCIES IN THE NORTH CENTRAL REGION/URBAN AREA SECURITY INITIATIVE (NCR/UASI) THAT HAVE COMMAND OVER SINGLE OR MULTI AGENCY TACTICAL TEAMS: ADAMS COUNTY SHERIFF’S OFFICE, AURORA POLICE DEPARTMENT, BOULDER COUNTY SHERIFF’S OFFICE, BOULDER POLICE DEPARTMENT, BROOMFIELD POLICE DEPARTMENT, CLEAR CREEK COUNTY SHERIFF’S OFFICE, COMMERCE CITY POLICE DEPARTMENT (COMMERCE CITY-BRIGHTON SWAT), DENVER POLICE DEPARTMENT (DPD), DOUGLAS COUNTY SHERIFF’S OFFICE, ENGLEWOOD POLICE DEPARTMENT, GREENWOOD VILLAGE POLICE DEPARTMENT, JEFFERSON COUNTY SHERIFF’S OFFICE, LAKEWOOD POLICE DEPARTMENT (WEST METRO SWAT), LITTLETON, POLICE DEPARTMENT, THORNTON POLICE DEPARTMENT (NORTHGLENN-THORNTON SWAT), WESTMINSTER POLICE DEPARTMENT, (“PARTICIPATING AGENCY”) (COLLECTIVELY, “PARTICIPATING AGENCIES” OR “PARTIES”), IN CONNECTION WITH THE USE OF THE MOBILE ADJUSTABLE RAMP SYSTEM (MARS) TRUCK. WHEREAS, the Arapahoe County Sheriff’s Office received a grant through the Denver Urban Area Security Initiative (USAI) to acquire a Mobile Adjustable Ramp System truck (MARS); WHEREAS, the MARS truck allows for the insertion of tactical response team officers and rescue personnel into varying heights of buildings and structures through the use of hydraulic ramps; WHEREAS, the intent of each of the participating agencies is to have access to and request the MARS truck to provide each agencies community with a highly trained team to respond to serious incidents; WHEREAS, all participating agencies will provide a minimum of two (2) SWAT officers to be trained by the Arapahoe County Sheriff’s Office in the use of the MARS truck twice a year, to maintain proficiency and deployment utilization; WHEREAS, the Parties are authorized to enter into this MOU pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S., as the power to provide police services is authorized to both; WHEREAS, the Participating Agencies maintain common training programs, protocols and procedures for tactical teams and response to serious incidents; Page 89 of 460 WHEREAS, the Participating Agencies desire to benefit from the requested use of the MARS Truck to enhance the working relationship between each other and in order to improve safety and services to both communities; and WHEREAS, the passage of this Ordinance authorizes an Memorandum of Understanding between the Board of County Commissioners of Arapahoe County, State of Colorado, acting on behalf of the Arapahoe County Sheriff’s Office (ACSO) and the law enforcement agencies in the North Central Region/Urban Area Security Initiative (NCR/UASI) that have command over single or multi agency tactical teams: Adams County Sheriff’s Office, Aurora Police Department, Boulder County Sheriff’s Office, Boulder Police Department, Broomfield Police Department, Clear Creek County Sheriff’s Office, Commerce City Police Department (Commerce City-Brighton SWAT), Denver Police Department (DPD), Douglas County Sheriff’s Office, Englewood Police Department, Greenwood Village Police Department, Jefferson County Sheriff’s Office, Lakewood Police Department (West Metro SWAT), Littleton, Police Department, Thornton Police Department (Northglenn-Thornton SWAT), Westminster Police Department, (“Participating Agency”) (collectively, “Participating Agencies” or “Parties”), in connection with the use of the Mobile Adjustable Ramp System (MARS) Truck. 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 a Memorandum of Understanding between the Board of County Commissioners of Arapahoe County, State of Colorado, acting on behalf of the Arapahoe County Sheriff’s Office (ACSO) and the law enforcement agencies in the North Central Region/Urban Area Security Initiative (NCR/UASI) that have command over single or multi agency tactical teams: Adams County Sheriff’s Office, Aurora Police Department, Boulder County Sheriff’s Office, Boulder Police Department, Broomfield Police Department, Clear Creek County Sheriff’s Office, Commerce City Police Department (Commerce City-Brighton SWAT), Denver Police Department (DPD), Douglas County Sheriff’s Office, Englewood Police Department, Greenwood Village Police Department, Jefferson County Sheriff’s Office, Lakewood Police Department (West Metro SWAT), Littleton, Police Department, Thornton Police Department (Northglenn-Thornton SWAT), Westminster Police Department, (“Participating Agency”) (collectively, “Participating Agencies” or “Parties”), in connection with the use of the Mobile Adjustable Ramp System (MARS) Truck, attached hererto as Exhibit A. Section 2. The Chief of Police of the City of Englewood is hereby authorized to sign said Memorandum of Understanding for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 6th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of May, 2019 for thirty (30) days. Read by Title and passed on final reading on the 20th day of May, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 23rd day of May, 2019. Page 90 of 460 Published by title on the City’s official website beginning on the 22nd day of May, 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 2019. Stephanie Carlile Page 91 of 460 1 MEMORANDUM OF UNDERSTANDING REGARDING Arapahoe County SO Mobile Adjustable Ramp System (MARS) Truck for Tactical Operations This Memorandum of Understanding (“MOU”) is being executed this ___ day of ________, 2019, between the Board of County Commissioners of Arapahoe County, State of Colorado, acting on behalf of the Arapahoe County Sheriff’s Office (ACSO) and the law enforcement agencies in the North Central Region/Urban Area Security Initiative (NCR/UASI) that have command over single or multi agency tactical teams: Adams County Sheriff’s Office, Aurora Police Department, Boulder County Sheriff’s Office, Boulder Police Department, Broomfield Police Department, Clear Creek County Sheriff’s Office, Commerce City Police Department (Commerce City-Brighton SWAT), Denver Police Department (DPD), Douglas County Sheriff’s Office, Englewood Police Department, Greenwood Village Police Department, Jefferson County Sheriff’s Office, Lakewood Police Department (West Metro SWAT), Littleton, Police Department, Thornton Police Department (Northglenn-Thornton SWAT), Westminster Police Department, (“Participating Agency”) (collectively, “Participating Agencies” or “Parties”), in connection with the use of the Mobile Adjustable Ramp System (MARS) Truck. WHEREAS, the Participating Agencies maintain common training programs, protocols and procedures for tactical teams and response to serious incidents; and WHEREAS, the Participating Agencies desire to benefit from the requested use of the MARS Truck to enhance the working relationship between each other and in order to improve safety and services to both communities; and WHEREAS, the Parties are authorized to enter into this MOU pursuant to Article XIV, Section 18 of the Colorado Constitution and Section 29-1-201, et seq., C.R.S., as the power to provide police services is authorized to both; and NOW THEREFORE, in consideration of the covenants, considerations and mutual promises contained herein, the sufficiency of which are acknowledged and confessed, the Participating Agencies agree to adhere to the following Urban Area Security Initiative (UASI) commitments, terms and conditions during the term of this MOU: Page 92 of 460 2 1. Background. The ACSO received a grant through the Denver Urban Area Security Initiative (UASI) to acquire the MARS Truck. Per UASI, grant recipients are required to make the equipment available, have Memorandums of Understanding with participating agencies, and have participating agencies train on the truck and equipment. 2. Purpose and Mission. It is the intent of each of the Participating Agencies to have access to and request the MARS Truck. The mission is to provide each Participating Agency’s community with responsive, highly trained, seamless response to serious incidents. 3. General Operating Procedures. a. Training. All Participating Agencies will provide at a minimum, two (2) SWAT Officers to be trained by the ACSO on the MARS Truck two (2) times per year. This training is to maintain proficiency and deployment utilization. b. Arapahoe County Sheriff’s Office Role. When the MARS Truck is called out from ACSO for an incident, an ACSO Special Operations supervisor and two operators trained and proficient in the use and deployment of the vehicle will respond to the incident. These individuals are only on scene to assist in deployment of the vehicle and operation of the ramp, not to become engaged in the incident. (1) Beyond the use of the MARS Truck, the Arapahoe County Sheriff or his/her designee must approve any additional request to use ACSO Special Operations personnel as a functional component to supplement the manpower of the Participating Agency’s primary team on any incident. This request would fall under mutual aid requirements and standards. c. Repairs. The Participating Agency shall be responsible for all costs to repair any damage, other than normal wear and tear, to the MARS Truck resulting from use by such Party’s employees, volunteers, agents and/or contractors. d. Liability. Each Participating Agency shall be responsible for its own negligence hereunder to the extent provided by law. No Participating Agency shall be deemed to be an agent for the other Party to this Agreement. Nothing in this MOU shall be construed as a waiver of the Colorado Governmental Immunity Act. Page 93 of 460 3 4. 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, and the County of Arapahoe, and the ordinances, regulations, and executive orders enacted and/or promulgated pursuant thereto. Venue for any action arising hereunder shall be in the County of Arapahoe, Colorado. 5. Third Party Beneficiary. This Agreement is made solely for the benefit of the Parties hereto and is not intended, nor shall it be deemed, to confer, give, or allow any rights or claim or rights of action by any person or entity not signatory hereto. 6. Termination. This Agreement may be terminated at any time by written notification by any of the Parties hereto. 7. No Waiver of Governmental Immunity. The Parties are relying on and do not waive or intend to waive by any provision of this Agreement the monetary limitations or any other right, immunity or protection provided by the Colorado Governmental Immunity Act, § 24-10-101, et seq. C.R.S. or otherwise available to the Parties, their officers or employees. 8. Injuries. All injuries sustained by any employee of a Participating Agency on a serious incident will be handled as an on-duty injury and will be reported to the employee’s Participating Agency. ACSO shall not be responsible for providing medical treatment to employees of the Participating Agencies. 9. Complete Agreement. This Agreement embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this writing supersedes all previous communications, representations, or agreements, either verbal or written between the parties. No change, amendment, or waiver of any of the terms or provisions of this Agreement shall be valid or binding unless the same has been approved in writing. 10. Severability. It is understood and agreed by the Parties hereto that if any part, term, or provisions 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. 11. 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. Page 94 of 460 4 13. Independent Entities. The parties enter into this Agreement as separate, independent governmental entities and shall maintain such status throughout. Each party shall be responsible for any employee benefits, including worker’s compensation, for its own employees. 14. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date set forth above. Sheriff, Arapahoe County _______________________________ Tyler S. Brown, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 95 of 460 5 Sheriff, Adams County _______________________________ Richard Reigenborn, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 96 of 460 6 Chief of Police, City of Aurora __________________________________ Nicholas Metz, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 97 of 460 7 Sheriff, Boulder County _______________________________ Joe Pelle, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 98 of 460 8 Chief of Police, City of Boulder __________________________________ Greg Testa, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 99 of 460 9 Chief of Police, City of Broomfield __________________________________ Gary Creager, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 100 of 460 10 Sheriff, Clear Creek County _______________________________ Rick Albers, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 101 of 460 11 Chief of Police, Commerce City __________________________________ Clint Nichols, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 102 of 460 12 Chief of Police, City of Denver __________________________________ Paul Pazen, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 103 of 460 13 Sheriff, Douglas County _______________________________ Tony Spurlock, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 104 of 460 14 Chief of Police, City of Englewood __________________________________ John Collins, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 105 of 460 15 Chief of Police, City of Greenwood Village __________________________________ Dustin Varney, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 106 of 460 16 Sheriff, Jefferson County _______________________________ Jeff Shrader, Sheriff Date: _____________ [Remainder of Page Left Blank Intentionally] Page 107 of 460 17 Chief of Police, City of Lakewood __________________________________ Dan McCaskey, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 108 of 460 18 Chief of Police, City of Littleton __________________________________ Doug Stephens, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 109 of 460 19 Chief of Police, City of Thornton __________________________________ Randy Nelson, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 110 of 460 20 Chief of Police, City of Westminster __________________________________ Tim Carlson, Chief Date: _____________ [Remainder of Page Left Blank Intentionally] Page 111 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: May 20, 2019 SUBJECT: CB 19 - South Platte River IGA DESCRIPTION: CB 19 - South Platte River IGA RECOMMENDATION: Staff recommends approval of the attached Intergovernmental Agreement in order to participate in the South Platte River Improvements Project in Arapahoe County, managed by Urban Drainage and Flood Control District. PREVIOUS COUNCIL ACTION: • Council Bill No. 44, Ordinance No. 44, Series of 2017, An Amendment to the Agreement Regarding Construction of Drainage and Flood Control Improvements. Agreement 11- 07.25F. • Resolution No. 87, Series of 2015, authorizing The City’s Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase II. • Council Bill No. 25, Ordinance No. 27, series of 2015, authorizing an intergovernmental agreement with Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300,000 for the construction of the River Run Trailhead Phase I. • Resolution No. 6, Series of 2015, authorizing The City’s Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase I. • Council Bill No. 56, Ordinance No. 50, series of 2014, authorizing an Intergovernmental Agreement regarding the construction of drainage and flood control improvements for South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board and Arapahoe County by adding the City of Englewood, the City of Sheridan and the South Suburban Parks and Recreation District as participants. • Council Bill No. 41, Ordinance No. 38, Series of 2011, authorizing an Intergovernmental Agreement accepting the 2010 Riverside Park Planning grant between Arapahoe County and the City of Englewood, Colorado. • Resolution No. 89 Series of 2010, in support of the City’s Arapahoe County Open Space (ACOS) grant application for the Riverside Park Planning grant. SUMMARY: As part of the mission of Urban Drainage and Flood Control to protect and improve the South Platte River drainage, they have adopted a Five-Year Capital Improvement Program that Page 112 of 460 includes final design of improvements from roughly Dartmouth to Brewery Lane (see Attachment A.) This includes areas in which the South Platte River directly adjoins City of Englewood property, as well as that portion that runs adjacent to Broken Tee Golf Course in Sheridan. Approval of this IGA will ensure that Englewood is represented in design of this Project and continues its beneficial collaboration with surrounding municipalities and special districts. ANALYSIS: The Intergovernmental Agreement for the South Platte River Implementation Plan is new and builds upon all of the previous IGA's for the South Platte River. The funding from all of the river partners will permit Merrick and DHM (the project engineer and landscape design companies) to do a detailed survey and ecological assessment of the river from Dartmouth to Reynolds Landing. Merrick and DHM will then do a 30% design to reshape the river to match the look at River Run and South Platte Park. They will also look at trail connections and extensions like the east bank at the north end to provide increased visibility and access. In addition, Merrick and DHM will incorporate improvements to the Oxbow area connection, Hudson Gardens and Riverside Downs river access. A 30% design concept is needed in order to approach the US Army Corps of Engineers to grant a categorical permit for the improvements. Then when funding comes available, Urban Drainage and Flood Control won't have to go through an individual effort to each project. UDFC estimates the categorical permit will take up to 2 years to secure from the Army Corps. However, the permit will pave the way for being able to build the stream improvements and other project improvements more quickly. This Intergovernmental Agreement includes signators from Urban Drainage and Flood Control District, Arapahoe County Open Space, South Suburban Parks and Recreation District, City of Sheridan, and City of Littleton, partners who have been working collaboratively for several years to leverage investment in the area. Approval of this IGA would continue this successful partnership and ensure thoughtful, long-range planning for this valuable environmental asset. Staff and consultants at Urban Drainage will manage the project, including public participation, and require a limited amount of Englewood staff time and resources. FINANCIAL IMPLICATIONS: This IGA includes a commitment from the City of Englewood to pay for 12% of the total project costs in the amount of $30,000. This amount would be paid from the Open Space Fund Contingency balance, funded by the City's annual shareback allocation from Arapahoe County Open Spaces. The current balance in this account is $120,532.88. ALTERNATIVES: Develop Englewood-specific plans without participation in the collaborative partnership. CONCLUSION: Staff recommends approval of the attached IGA. ATTACHMENTS: Page 113 of 460 Council Bill #19 Urban Drainage IGA Page 114 of 460 1 BY AUTHORITY ORDINANCE NO. ____ COUNCIL BILL NO. 19 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT TO PARTICIPATE IN THE SOUTH PLATTE RIVER IMPROVEMENTS PROJECT IN ARAPAHOE COUNTY, MANAGED BY THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND TITLED “AGREEMENT REGARDING A RIVER IMPROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY” REGARDING THE FINAL DESIGN OF IMPROVEMENTS TO THE RIVER CORRIDOR BETWEEN DARTMOUTH AVENUE ON THE NORTH AND BREWERY LANE TO THE SOUTH, PURSUANT TO AGREEMENT NO. 18- 11.01 BETWEEN THE CITY OF ENGLEWOOD, THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT, ARAPAHOE COUNTY OPEN SPACE, THE CITY OF SHERIDAN, THE SOUTH SUBURBAN PARKS AND RECREATION DISTRICT AND CITY OF LITTLETON. WHEREAS, the purpose of this Intergovernmental Agreement (“IGA”) is the creation of final design improvements (“Project”) to the South Platte River Corridor from roughly Dartmouth Avenue in Englewood to Brewery Lane in Littleton; WHEREAS, the IGA defines the financial commitments and responsibilities of the Urban Drainage and Flood Control District, Arapahoe County Open Space, South Suburban Parks and Recreation District, City of Englewood, City of Sheridan and City of Littleton, collectively known as “Parties” regarding maintenance of the project; WHEREAS, the IGA outlines the implementation strategy for the final design improvements for the South Platte River between Dartmouth Avenue and Brewery Lane with the goal of promoting a healthy river in an attractive setting which creates a quality recreational experience; WHEREAS, in the Urban Drainage and Flood Control District “(District”) in 1970 and 1973 expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; Page 115 of 460 2 WHEREAS, in 1985 the Parties participated in a joint planning study titled “Major Drainage way Planning South Platte River, Chatfield Basin to Baseline Road” by Wright Water Engineers; WHEREAS, in 2018 the District adopted, after public hearing, a “Five-Year Capital Improvement Program” for drainage and flood control facilities in the Project was included in the 2019 calendar year; WHEREAS, the District, in 2018, also adopted a Special Revenue Fund Budget for calendar year 2019 subsequent to a public hearing, which included funds for the Project; WHEREAS, the District’s Board of Directors reviewed and authorized expenditures for the 2019 work program associated with the Project; WHEREAS, the Englewood City Council approved Resolution No. 89, Series of 2010, in support of the City’s Arapahoe County Open Space (“ACOS”) grant application for the Riverside Park Planning grant; WHEREAS, the Englewood City Council approved Ordinance No. 38, Series of 2011 authorizing an intergovernmental agreement accepting the 2010 Riverside Park Planning grant between Arapahoe County and the City; WHEREAS, the Englewood City Council approved Ordinance No. 50, Series of 2014 authorizing an intergovernmental agreement regarding the construction of drainage and flood control improvements for the South Platte River at Oxford Avenue between the Urban Drainage and Flood Control District, the Colorado Water Conservation Board, and Arapahoe County, by the addition of the City of Englewood, City of Sheridan and the South Suburban Parks and Recreation District as participants; WHEREAS, the Englewood City Council approved Resolution No. 6, Series of 2015 authorizing the City’s Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase I; WHEREAS, the Englewood City Council approved Ordinance No. 27, Series of 2015, authorizing a intergovernmental agreement with Arapahoe County for the acceptance and use of Open Space grant funding in the amount of $300,000 for the construction of the River Run Trailhead Phase I; WHEREAS, the Englewood City Council approved Resolution No. 87, Series 2015, authorizing the City’s Arapahoe County Open Space grant application for the construction of the River Run Trailhead Phase II; WHEREAS, the Englewood City council approved Ordinance No. 44, Series of 2017, approving an amendment to the Agreement Regarding Construction of Drainage and Flood Control Improvements, Agreement 11-07.25F, between the City of Englewood, the Urban Drainage and Flood Control District, Arapahoe County, the City of Sheridan and the South Suburban parks and Recreation District; Page 116 of 460 3 WHEREAS, the passage of this proposed ordinance approves an Intergovernmental Agreement entitled “Agreement Regarding a River Improvement Implementation Plan for the South Platte River in Arapahoe County”; WHEREAS, the Parties now desire to add additional funding for the creation of the final design improvements of the project; and WHEREAS, the City of Englewood’s percentage is $30,000.00 as set forth in the Intergovernmental Agreement, attached hereto as Exhibit A. 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 an Intergovernmental Agreement to participate in the South Platte River Improvements Project in Arapahoe County, managed by the Urban Drainage and Flood Control District and titled “Agreement Regarding a River Improvement Implementation Plan for the South Platte River in Arapahoe County” regarding the final design of improvements to the river corridor between Dartmouth Avenue on the North and Brewery Lane to the South, pursuant to Agreement No. 18-11.01 between the City of Englewood, the Urban Drainage and Flood Control District, Arapahoe County Open Space, the City of Sheridan, the South Suburban Parks and Recreation District and City of Littleton, attached hereto as Exhibit A. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, the “Agreement Regarding a River Improvement Implementation Plan for the South Platte River in Arapahoe County No. 18-11.01, for and on behalf of the City Council of the City of Englewood, Colorado. Section 3. There are no federal funds being used by Englewood on this Project. Englewood funds are from Open Space Shareback funds. Introduced, read in full, and passed on first reading on the 6th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 9th day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 8th day of May, 2019 for thirty (30) days. Read by Title and passed on final reading on the 20th day of May, 2019. Published by Title in the City’s official newspaper as Ordinance No. ___, Series of 2019, on the 23rd day of May, 2019. Page 117 of 460 4 Published by title on the City’s official website beginning on the 22nd day of May, 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 2019. Stephanie Carlile Page 118 of 460 1 AGREEMENT REGARDING A RIVER IMROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY Agreement No. 18-11.01 Project No. 107361 THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"), ARAPAHOE COUNTY OPEN SPACE (hereinafter called "ARAPAHOE"), SOUTH SUBURBAN PARKS AND RECREATION DISTRICT (hereinafter called "SSPRD"), CITY OF ENGLEWOOD (hereinafter called "ENGLEWOOD"), CITY OF SHERIDAN (hereinafter called "SHERIDAN"), and CITY OF LITTLETON (hereinafter called "LITTLETON") and collectively known as "PARTIES"; WITNESSETH: WHEREAS, DISTRICT, in a policy statement previously adopted (Resolution No. 14, Series of 1970 and Resolution No. 11, Series of 1973) expressed an intent to assist public bodies which have heretofore enacted floodplain regulation measures; and WHEREAS, PARTIES participated in a joint planning study titled "Major Drainageway Planning South Platte River, Chatfield Basin to Baseline Road" by Wright Water Engineers, dated November 1985 (hereinafter called "PLAN"); and WHEREAS, PARTIES now desire to proceed with the development of an implementation plan for the South Platte River Improvements in Arapahoe County (hereinafter called "PROJECT"); and WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement Program (Resolution No. 67, Series of 2018) for drainage and flood control facilities in which PROJECT was included in the 2019 calendar year; and WHEREAS, DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year 2019 subsequent to public hearing (Resolution No. 64, Series of 2018) which includes funds for PROJECT; and WHEREAS, DISTRICT's Board of Directors reviewed and authorized expenditures for the 2019 Work Program (Resolution No. 66, Series of 2018); and WHEREAS, the County Commissioners of ARAPAHOE, the City Councils of ENGLEWOOD, SHERIDAN, and LITTLETON, and the Board of Directors of SSPRD and DISTRICT have authorized, by appropriation or resolution, all of PROJECT costs of the respective PARTIES. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. SCOPE OF THIS AGREEMENT This Agreement defines the responsibilities and financial commitments of PARTIES with respect to PROJECT. Page 119 of 460 2 2. SCOPE OF PROJECT PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically, the final design of facilities shall extend from approximately Dartmouth to Brewery Lane, as shown on Exhibit A. 3. PUBLIC NECESSITY PARTIES agree that the work performed pursuant to this Agreement is necessary for the health, safety, comfort, convenience, and welfare of all the people of the State, and is of particular benefit to the inhabitants of PARTIES and to their property therein. 4. PROJECT COSTS AND ALLOCATION OF COSTS A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and be limited to final design services. B. It is understood that PROJECT costs as defined above are not to exceed $250,000 without amendment to this Agreement. C. Based on total PROJECT costs, the maximum percent and dollar contribution by each party shall be: Percentage Maximum Share Contribution DISTRICT 2.00%* $ 5,000 ARAPAHOE 50.00% $125,000 SSPRD 12.00% $ 30,000 ENGLEWOOD 12.00% $ 30,000 SHERIDAN 12.00% $ 30,000 LITTLETON 12.00% $ 30,000 TOTAL 100.00% $250,000 * DISTRICT funded $100,000 of initial design work in 2018. 5. MANAGEMENT OF FINANCES As set forth in DISTRICT policy (Resolution No. 11, Series of 1973, Resolution No. 49, Series of 1977, and Resolution No. 37, Series of 2009), the funding of a local body's one-half share may come from its own revenue sources or from funds received from state, federal, or other sources of funding without limitation and without prior DISTRICT approval. Payment of each party's full share (ARAPAHOE - $125,000; (SSPRD - $30,000); (ENGLEWOOD - $30,000); (SHERIDAN - $30,000); (LITTLETON - $30,000); DISTRICT - $5,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund Page 120 of 460 3 established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies, which shares shall be computed as were the original shares; or, at ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON's request, ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON's share of remaining monies shall be transferred to another special fund held by DISTRICT. 6. FINAL DESIGN The contracting officers for PARTIES, as defined under Paragraph 13 of this Agreement, shall select an engineer mutually agreeable to both PARTIES. DISTRICT shall contract with selected engineer and shall supervise and coordinate the final design including right-of-way delineation subject to approval of the contracting officer for ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON. Payment for final design services shall be made by DISTRICT as the work progresses from the PROJECT fund established as set forth above. Final design services shall consist of, but not be limited to, the following: A. Preparation of a work plan schedule identifying the timing of major elements in the design; B. Delineation of required right-of-way/easements; C. Preparation of detailed construction plans and specifications; D. Preparation of an estimate of probable construction costs of the work covered by the plans and specifications; E. Preparation of an appropriate construction schedule. DISTRICT shall provide any written work product by the engineer to ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON. 10. FLOODPLAIN REGULATION ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON agrees to regulate and control the floodplain of the South Platte River within ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum. PARTIES understand and agree, however, that ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON cannot obligate itself by contract to exercise its police powers. If ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON fail to regulate the floodplain of the South Platte River within ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON in the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto as a minimum, DISTRICT may exercise its power to do so, and ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON shall cooperate fully. Page 121 of 460 4 11. TERM OF AGREEMENT Despite the date that this Agreement is signed by PARTIES, the term of this Agreement shall commence upon the earlier of the date of final execution by all PARTIES or December 31 of the year that it is tendered to ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON for execution and shall terminate three (3) years after the final payment is made to the construction contractor and the final accounting of funds on deposit at DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein. 12. LIABILITY Each party hereto shall be responsible for any suits, demands, costs, or actions at law resulting from its own acts or omissions and may insure against such possibilities as appropriate. 13. CONTRACTING OFFICERS A. The contracting officer for ARAPAHOE shall be the Director, Open Space and Intergovernmental Relations, 6924 South Lima Street, Centennial, Colorado 80112. B. The contracting officer for SSPRD shall be the Executive Director, 6631 South University Boulevard, Centennial, Colorado 80121. C. The contracting officer for ENGLEWOOD shall be the Capital Projects Administrator, 1000 Englewood Parkway, Englewood, Colorado 80110. D. The contracting officer for SHERIDAN shall be the City Manager, 4101 South Federal Boulevard, Sheridan, Colorado 80110. E. The contracting officer for LITTLETON shall be the Public Works Director, 480 South Allison Parkway, Lakewood, Colorado 80226. F. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26th Avenue, Suite 156B, Denver, Colorado 80211. G. The contracting officers for PARTIES each agree to designate and assign a PROJECT representative to act on the behalf of said PARTIES in all matters related to PROJECT undertaken pursuant to this Agreement. Each representative shall coordinate all PROJECT-related issues between PARTIES, shall attend all progress meetings, and shall be responsible for providing all available PROJECT-related file information to the engineer upon request by DISTRICT or ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND LITTLETON. Said representatives shall have the authority for all approvals, authorizations, notices, or concurrences required under this Agreement. However, in regard to any amendments or addenda to this Agreement, said representative shall be responsible to promptly obtain the approval of the proper authority. 14. RESPONSIBILITIES OF PARTIES DISTRICT shall be responsible for coordinating with ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON needed to complete PROJECT in a timely manner. ARAPAHOE, Page 122 of 460 5 SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON agrees to review all concept plans, preliminary design plans, and final plans and specifications; and to provide comments within 21 calendar days after the drafts have been provided by DISTRICT to ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND LITTLETON. 15. AMENDMENTS This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 16. SEVERABILITY If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 17. APPLICABLE LAWS This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON where PROJECT is located. 18. ASSIGNABILITY No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 19. BINDING EFFECT The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. 20. ENFORCEABILITY PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be available subject to the provisions of the laws of the State of Colorado. 21. TERMINATION OF AGREEMENT This Agreement may be terminated upon thirty (30) days’ written notice by any party to this Agreement, but only if there are no contingent, outstanding contracts. If there are contingent, outstanding contracts, this Agreement may only be terminated upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions. 22. PUBLIC RELATIONS It shall be at ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON's sole discretion to initiate and to carry out any public relations program to inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have on them. Technical information shall be presented to the public by the selected engineer. In any event DISTRICT shall Page 123 of 460 6 have no responsibility for a public relations program, but shall assist ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON as needed and appropriate. 23. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this Agreement, PARTIES agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified because of race, color, ancestry, creed, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability and further agree to insert the foregoing provision in all subcontracts hereunder. 24. APPROPRIATIONS Notwithstanding any other term, condition, or provision herein, each and every obligation of ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, and LITTLETON and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND LITTLETON and/or DISTRICT. 25. NO THIRD PARTY BENEFICIARIES It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 26. ILLEGAL ALIENS PARTIES agree that any public contract for services executed as a result of this intergovernmental agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S. et seq. The following language shall be included in any contract for public services: A. At the time of execution of this Agreement, CONTRACTOR does not knowingly employ or contract with an illegal alien who will perform work under this Agreement. B. CONTRACTOR shall participate in the E-Verify Program, as defined in § 8 17.5-101(3.7), C.R.S., to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. C. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an illegal alien to perform work under this Agreement. E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement through participation in the E- Verify Program. Page 124 of 460 7 F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake pre-employment screening of job applicants while performing its obligation under this Agreement, and that otherwise requires CONTRACTOR to comply with any and all federal requirements related to use of the E-Verify Program including, by way of example, all program requirements related to employee notification and preservation of employee rights. G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontracctor performing work under this Agreement knowingly employs or contract with an illegal alien, it will notify such subconsultant or subcontractor and PARTIES within three (3) days. CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three (3) days after such notice the subconsultant or subcontractor does not stop employing or contracting with the illegal alien, unless during such three (3) day period the subconsultant or subcontractor provides information to establish that the subconsultant or subcontractor has not knowingly employed or contracted with an illegal alien. H. CONTRACTOR shall comply with any reasonable request made in the course of an investigation by the Colorado Department of Labor and Employment under authority of § 8- 17.5-102(5), C.R.S. I. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for employment to perform work under this Agreement, affirms that it has examined the legal work status of such employees, retained file copies of the documents required by 8 U.S.C. Section 1324a, and not altered or falsified the identification documents for such employees. CONTRACTOR shall provide a written, notarized copy of the affirmation to PARTIES. 27. GOVERNMENTAL IMMUNITIES PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party of any rights, limitations, or protections afforded to them under the Colorado Governmental Immunity Act (§ 24-10-101, et seq., C.R.S.) as now or hereafter amended or otherwise available at law or equity. 28. INTENT OF AGREEMENT Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES, nor to limit in any way the powers and responsibilities of the ARAPAHOE, SSPRD, ENGLEWOOD, SHERIDAN, AND LITTLETON, DISTRICT or any other entity not a party hereto. 29. EXECUTION IN COUNTERPARTS – ELECTRONIC SIGNATURES This Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. PARTIES approve the use of electronic signatures for execution of this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. Only the following two forms of electronic Page 125 of 460 8 signatures shall be permitted to bind PARTIES to this Agreement, and all subsequent documents requiring the signatures of PARTIES to this Agreement. A. Electronic or facsimile delivery of a fully executed copy of a signature page; or B. The image of the signature of an authorized signer inserted onto PDF format documents. Documents requiring notarization may also be notarized by electronic signature, as provided above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, CRS §§ 24-71.3-101 to -121. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ___________ Name Ken A. MacKenzie Checked By Title Executive Director Date Page 126 of 460 9 For the Board of County Commissioners ARAPAHOE COUNTY By Authorization pursuant to Resolution ________ Title Director, Open Space and Intergovernmental Relations Date Page 127 of 460 10 SOUTH SUBURBAN PARKS AND RECREATION DISTRICT By Name Title Date Page 128 of 460 11 CITY OF ENGLEWOOD By Name Title Date Page 129 of 460 12 CITY OF SHERIDAN By Name Title Date Page 130 of 460 13 CITY OF LITTLETON By Name Title Date Page 131 of 460 AGREEMENT REGARDING A RIVER IMROVEMENT IMPLEMENTATION PLAN FOR THE SOUTH PLATTE RIVER IN ARAPAHOE COUNTY Agreement No. 18-11.01 Project No. 107361 Exhibit A Page 132 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Charles Huffine DEPARTMENT: Public Works DATE: May 20, 2019 SUBJECT: Crosswalk Guidelines DESCRIPTION: Crosswalk Guidelines RECOMMENDATION: Staff recommends that City Council approve the proposed Marked Crosswalk Guidelines. PREVIOUS COUNCIL ACTION: There has been no previous Council Action. SUMMARY: The City occasionally receives requests for installation of marked crosswalks both at street intersections and at mid-block crossings where traffic signals or “stop” signs do not exist. Crosswalks that are appropriately marked provide pedestrians with convenient opportunities to cross a street in a safer manner. Marked crosswalks direct pedestrians to designated places to cross, alert drivers as to the potential presence of pedestrians, and legally establish the crosswalk at non-intersection locations. In the past, crosswalks have been evaluated on a case- by-case basis, with no specific set of guidelines applied. City staff, in consultation with the Englewood Transportation Advisory Committee (ETAC), developed a set of Marked Crosswalk Guidelines. A presentation has also been made to the Cultural Commission. The purpose of these Guidelines is to serve as a policy document that guides the City in determining where to locate marked crosswalks, within the City of Englewood, on public roadways owned and maintained by the City. Criteria for marked crosswalk installation, possible exceptions, and criteria for artistic crosswalks (art-themed designs that promote neighborhood identity and place-making) are included. ETAC passed a resolution on April 11, 2019, which approved these guidelines. ANALYSIS: While installation of marked crosswalks is sometimes needed to promote safer pedestrian crossing of streets, installing crosswalks that do not have sufficient foot traffic can make a location less safe, as motorists tend to ignore such locations. City staff developed a set of criteria for possible installation of marked crosswalks that are based on the national standard Federal Highway Administration “Manual of Uniform Traffic Control Devices”, as well as similar guidelines adopted by the City and County of Denver. At least one of three criteria must be met for a crosswalk to be considered: Page 133 of 460 1) high enough pedestrian demand (at least 20 pedestrians per hour during peak usage and for at least two days per week) and located far enough (at least 300 feet) from the nearest marked crosswalk at a signal or stop sign-controlled intersection; 2) location is in immediate proximity to a school, hospital, senior center, recreation center, library or park (potential vulnerable populations); or 3) location serves an existing multi-use path or trail. Since conditions can vary greatly by location, the Traffic Engineer, in conjunction with the Director of Public Works, have the discretion to approve exceptions to these guidelines. Design and installation criteria for artistic crosswalks is also included. In order to install an artistic crosswalk, one of the aforementioned criteria for marked crosswalks must first be met. Design and installation criteria are also included. An applicant must pre-pay 100% of the estimated costs for installation and maintenance before installation can begin. Should additional maintenance, beyond what was estimated, be needed prior to the three (3) year installation life, an applicant must pay them or the artistic elements will be removed. There are some restrictions on colors that can be used, as well as the content of the artwork. Epoxy paint and thermoplastic are the accepted materials. Although not specified in the guidelines, chalk and other materials can be considered for use in temporary installations. Instructions for volunteer involvement in the installation are also spelled-out. An application is being developed which will be used to request an artistic crosswalk. It will be available online and at the Civic Center. FINANCIAL IMPLICATIONS: The City pays for the materials for the striping and signing of the crosswalk. For a typical 40 foot wide road, the approximate material costs are $1,500 for either epoxy paint or thermoplastic crosswalk stripes, including crosswalk signs. If curbs exist at the location, ADA-compliant ramps may also need to be installed and paid for by the City. However, this would become a factor when determining installation of a marked crosswalk. There is no monetary cost to the City for artistic crosswalks. The applicant must agree to pay for all costs to design, install, maintain, and remove the artistic crosswalk, up front, including traffic control. Public Works staff will be used for installation and maintenance of artistic crosswalks. CONCLUSION: Staff recommends approval of the attached Marked Crosswalk Guidelines. ATTACHMENTS: Crosswalk Guidelines Marked Crosswalk PowerPoint Page 134 of 460 April 11, 2019 Marked Crosswalk Guidelines It is important to provide designated facilities for pedestrians to use the transportation network safely. Crosswalks provide an important connection for pedestrians. Crosswalks that are appropriately marked provide pedestrians with convenient opportunity to cross the street, while maintaining safety. Marked crosswalks direct pedestrians to a designated place to cross, alert drivers as to the potential presence of pedestrians and legally establish the crosswalk at non-intersection locations. Purpose and Scope: The purpose of these Guidelines is to serve as the policy document that guides the city in determining where and how to improve an uncontrolled crosswalk within the city of Englewood, on public roadways owned and maintained by the city. These guidelin es provide direction to determine if a marked crosswalk is appropriate in a particular location. The guidelines also address installation & maintenance of artistic crosswalks. These guidelines are intended to be used by city staff in determining whether to mark an uncontrolled crosswalk to ensure efficient function for all users of the roadway and maintain pedestrian safety. When a specific location is being considered for a marked crosswalk – due to public feedback, a new development, or staff recommendat ion – this document serves as a guide to consistently determine whether installation is warranted or not. Definitions: Unmarked Crosswalk: A legal crosswalk that does not feature any traffic control markings. Marked Crosswalk: A legal crosswalk that features traffic control markings. Midblock Crosswalk: A location not at an intersection, featuring traffic control markings to indicate that it is a legal crosswalk. Uncontrolled Crosswalk: A legal crosswalk across a roadway approach not controlled by a stop sign or traffic signal. Controlled Crosswalk: A legal crosswalk across a roadway approach controlled by a stop sign or traffic signal. Page 135 of 460 April 11, 2019 Artistic Crosswalk: A legally marked crosswalk that promotes neighborhood identity and sense of place which are designed, installed and maintained in accordance with these guidelines. Manual of Uniform Traffic Control Devices (MUTCD): The Manual of Uniform Traffic Control Devices (MUTCD, Federal Highway Administration 2009) states that crosswalk lines should not be used indiscriminately. Instead, an engineering study should be performed before a marked crosswalk is installed at a location away from a traffic control signal or an approach controlled by a STOP or YIELD sign. Criteria for Possible Installation: Suggested locations for marked crosswalks will be evaluated using the following criteria . One of the three criteria must be met in order for a crosswalk to be considered: Condition 1: A. Location must have a High Demand for Use a. Pedestrian count of at least 20 pedestrians per hour during the peak hour of usage for at least two days per week. b. Pedestrian count will be adjusted using a conversion factor of 1.33 for vulnerable populations (children, elderly, and persons with disabilities) - AND – B. Location must be greater than 300 feet from the nearest marked crossing (signal, stop sign or marked crosswalk). The potential location must have at least twenty (20) pedestrians per hour, when applying the conversion factor. In order to determine if a location meets these criteria, staff will complete a pedestrian count during the anticipated peak hours. Pedestrians shall be counted at the candidate location as well as those in the immediate (2 blocks either way) vicinity of the proposed location. Counts older than two years should be re-collected. Condition 2: A. Location must be in immediate proximity to a school, hospital, senior center, recreation center, library or park, as determined by the city’s Traffic Engineer. - AND – Page 136 of 460 April 11, 2019 B. Location must be greater than 300 feet from the nearest marked crossing (signal, stop sign or marked crosswalk). The potential location should be evaluated to determine if it directly serves a school, hospital, senior center, recreation center, library, or park. The city’s Traffic Engineer shall develop a written recommendation to the Director, for each location. Condition 3: A. Location serves an existing multi-use path or trail. The potential location should be evaluated to determine if it directly serves a shared use path or trail. In all cases, AASHTO (American Association of State Highway and Transportation Officials) sight distance requirements must be met before proceeding to install the marked crosswalk. Exceptions: In some cases it may be reasonable to allow exceptions to these Guidelines. A written recommendation of approval from the city’s Traffic Engineer, in conjunction with the Director of Public Works, is required for all exceptions. The city may choose not to install marked crosswalks that have a high cost or are not justified. Artistic Crosswalks: Artistic Crosswalks may be considered when designed, installed and maintained in accordance with the following criteria: Design Criteria: Must be at a location where there is already a marked crosswalk and traffic is required to stop because of a STOP sign or traffic signal, or at a location that meets the above criteria for crosswalk installation. Must be on a local or collector street where the speed limit is 30 mph or less. Crosswalks must contain two white transverse lines with reflectivity so as to be compliant with minimum crosswalk standards. Page 137 of 460 April 11, 2019 Artwork must be: o Contained within the two transverse white lines o Shall not contain white, yellow, or red in a way which could be confused as traffic control devices o No logos, text or advertising are allowed o No octagons, triangles or shapes that could be confused with a traffic control device Installation Criteria and Payment: Applicant must agree to pay for all costs to design, install, maintain, and remove the crosswalk, up front. This includes costs for traffic control. The Applicant will coordinate design and submit all necessary information to the City. Upon approval of a successful application and receipt of 100% of the estimated costs for installation and maintenance, the City will install the design, as provided by the Applicant. Epoxy paint and thermoplastic materials shall be used for all installations to ensure a 3-5 year minimum life expectancy. It is possible for volunteer representatives of the applicant to participate in the installation if epoxy paint is used. Children may also participate. The street section must be completely or partially closed off (depending on the size and location of the project), with appropriate barricades, detour signs and/or flaggers provided and paid for by the applicant. The applicant must provide a Certificate of Insurance and all volunteers must sign a waiver. Artistic installations shall be kept at a location for the length of time specified in the application, up to three (3) years (installation life). If no other applicants apply for a specific location, the current applicant may apply for another up to three (3) year installation. Additional installation and maintenance fees apply to additional installation periods. If, during the installation life indicated on the application, the maintenance costs exceed the amount of money collected from the applicant, the applicant shall be responsible for providing any additional money needed. As an alternative, the applicant can also decide to terminate the installation life early. Page 138 of 460 Description MARKED CROSSWALK GUIDELINES for CITY STREETS Page 139 of 460 Staff Recommendation Approve the Proposed Marked Crosswalk Guidelines Page 140 of 460 Summary •Convenient/Safety Crossings •Raise Awareness •Marked Crosswalk Guidelines •Based on National Standards and Best Practices •Englewood Transportation Advisory Committee (ETAC) Resolution Page 141 of 460 •Criteria •Low Foot Traffic = Driver Disregard •National Standard –FHWA MUTCD •Meet One of Three Criteria •Pedestrian Demand •Proximity to Vulnerable Pedestrian Groups •Multi-Use Path or Trail •Exceptions •Artistic Crosswalks Analysis Page 142 of 460 Financial •City Pays for Material for Striping and Signing •$1,500 for Epoxy or Thermoplastic Striping •ADA Ramps Also Paid For By the City •Artistic Crosswalks –Applicant Pays for Installation and Maintenance •Public Works Staff Installs Page 143 of 460 Alternatives/Conclusion •Crosswalk Guidelines –Improved Safety •Approve Marked Crosswalk Guidelines Page 144 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: May 20, 2019 SUBJECT: A Request to Transfer Funds from the General Fund to the Public Improvement Fund for the Oxford Avenue: First and Last Mile Connection Grant Match DESCRIPTION: A Request to Transfer Funds from the General Fund to the Public Improvement Fund for the Oxford Avenue: First and Last Mile Connection Grant Match RECOMMENDATION: Staff recommends City Council approve a Resolution transferring funds from the general fund to the public improvement fund for Community Development's portion of the Oxford Avenue: First and Last Mile Connect grant. PREVIOUS COUNCIL ACTION: On February 4, 2019, City Council approved Ordinance 10, Series 2019 approving an Intergovernmental Agreement with Colorado Department of Transportation (CDOT) for Transportation Demand Management (TDM) Grant Funding Reimbursement for the Oxford Avenue First and Last Mile Connections Bicycle Lanes and Sharrow Markings Project. SUMMARY: 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 Broadway to Windermere Street/Oxford Light Rail Station. The project is "shovel ready" and includes funding for additional bicycle parking at the Oxford Light Rail Station. The grant award is $87,138.00 in federal transportation funds. The City's local match is $18,114.00 to be split jointly between the Public Works Public Improvement Fund and the Community Development Professional Services budget. In order for 100% of the matching funds to be located in the Public Improvement Fund, $9,057 needs to be transferred from the general fund to the public improvement fund as follows: Page 145 of 460 GENERAL FUND: SOURCE OF FUNDS: Community Development Professional Services 02-0801-54201 $ 9,057 USE OF FUNDS: Transfer out to Public Improvement Fund $ 9,057 02-1501-81005 PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Transfer in from General Fund $ 9,057 Public Works Admin Road & Bridge Project $ 9,057 30-1001-001 $ 18,114 USE OF FUNDS: City of Englewood Match Funds - TDM Grant for Oxford Avenue First and Last Mile Connection $ 18,114 ATTACHMENTS: Resolution Ordinance 10 Series 2019 Page 146 of 460 1 RESOLUTION NO. SERIES OF 2019 A RESOLUTION TRANSFERRING FUNDS FROM THE GENERAL FUND TO THE PUBLIC IMPROVEMENT FUND FOR THE OXFORD AVENUE: FIRST AND LAST MILE CONNECTIONS PROJECT WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; WHEREAS, the 2019 Budget was submitted and approved by the Englewood City Council on November 5, 2018; WHEREAS, this request to transfer funds is being presented for City Council approval due to the local match requirement under the Intergovernmental Agreement (“IGA”) with the Colorado Department of Transportation; WHEREAS, the IGA was entered into by the Englewood City Council by approval and passage of Ordinance No. 10, Series 2019 on February 6, 2019; WHEREAS, the IGA is for the acceptance of Transportation Demand Management grant funds for the Oxford Avenue: First and Last Mile Connections project; WHEREAS, the Colorado Department of Transportation is providing $87,138.00 in grant funds; WHEREAS, the IGA requires that the City provide matching funds in the amount of $18,114 dollars; WHEREAS, the Englewood Public Works Department committed $9,057 of the match, and the Englewood Community Development Professional Services Budget committed the remaining $9,057; WHEREAS, the amount contributed from Public Works is already budgeted in the Public Improvement Fund, and the funds contributed by Community Development will need to be moved from the General Fund to the Public Improvement Fund; and WHEREAS, appropriation of the matching funds for 2019, are hereby presented for the consideration and approval of City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year ending 2019, as follows: FUND TRANSFER: GENERAL FUND Transfer Out to Public Improvement Fund from Community Development Professional Services Budget $9,057 PUBLIC IMPROVEMENT FUND Transfer in to Public Improvement Fund from Community Development Professional Services Budget $9,057 Page 147 of 460 2 USE OF FUNDS: City of Englewood Match Funds - TDM Grant for Oxford Avenue First and Last Mile Connection $9,057 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2019 Budget for the City of Englewood. ADOPTED AND APPROVED this 20th day of May, 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 148 of 460 ORDINANCE NO. 10 SERIES OF 2019 BY AUTHORITY COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER RUSSELL AN ORDINANCE AUTHORIZING AN INTER GOVERNMENT AL AGREEMENT BETWEEN THE COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND THE CITY OF ENGLEWOOD FOR THE ACCEPTANCE OF TRANSPORA TION DEMAND MANAGEMENT (TDM) GRANT FUNDS FOR THE OXFORD AVENUE: FIRST AND LAST MILE CONNECTIONS WHEREAS, the Colorado Department of Transportation (COOT) administers federal and state funds to provide monies for the development of enhanced transportation projects throughout the State of Colorado; WHEREAS, COOT currently administers a program which provides grant funds for Transportation Demand Management (TOM) 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 A venue 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 Englewood City Council approved the Community Development Department's application for the grant funds by the passage of Resolution No. 4, Series 2019, on January 7, 2019; WHEREAS, the grant will be $87,138.00 with a required local City of Englewood match of$ I 8,114 to be paid in equal amounts from the Community Development professional services budget for 2019, and from the Public Works Department's Public Improvement Fund, Road and Bridge, 30-1001-001; and WHEREAS, the passage of this Ordinance will authorize the Colorado Department of Transportation (COOT) to release the grant monies for the Oxford Avenue: First and Last Mile Connections. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section I. The City Council of the City of Englewood, Colorado hereby authorizes the Intergovernmental Agreement and acceptance of the Colorado Department of Transportation's Transportation Demand Management Grant monies in the amount of $87,138.00. Page 149 of 460 Page 150 of 460 Page 151 of 460 Page 152 of 460 Page 153 of 460 Page 154 of 460 Page 155 of 460 Page 156 of 460 Page 157 of 460 Page 158 of 460 Page 159 of 460 Page 160 of 460 Page 161 of 460 Page 162 of 460 Page 163 of 460 Page 164 of 460 Page 165 of 460 Page 166 of 460 Page 167 of 460 Page 168 of 460 Page 169 of 460 Page 170 of 460 Page 171 of 460 Page 172 of 460 Page 173 of 460 Page 174 of 460 Page 175 of 460 Page 176 of 460 Page 177 of 460 Page 178 of 460 Page 179 of 460 Page 180 of 460 Page 181 of 460 Page 182 of 460 Page 183 of 460 Page 184 of 460 Page 185 of 460 Page 186 of 460 Page 187 of 460 Page 188 of 460 Page 189 of 460 Page 190 of 460 Page 191 of 460 Page 192 of 460 Page 193 of 460 Page 194 of 460 Page 195 of 460 Page 196 of 460 Page 197 of 460 Page 198 of 460 Page 199 of 460 Page 200 of 460 Page 201 of 460 Page 202 of 460 Page 203 of 460 Page 204 of 460 Page 205 of 460 Page 206 of 460 Page 207 of 460 Page 208 of 460 Page 209 of 460 Page 210 of 460 Page 211 of 460 Page 212 of 460 Page 213 of 460 Page 214 of 460 Page 215 of 460 Page 216 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: May 20, 2019 SUBJECT: Contract for Purchase of Sand, Aggregate, and Road Materials DESCRIPTION: Contract for Purchase of Sand, Aggregate, and Road Materials RECOMMENDATION: Staff recommends approving a resolution awarding a contract for the purchase of sand, aggregate, and road materials under the terms of the city of Thornton, Colorado Front Range Multiple Assembly of Procurement Officials (MAPO) Cooperative Purchasing Agreement in an amount not to exceed $300,000. PREVIOUS COUNCIL ACTION: N/A SUMMARY: The city of Thornton, as a MAPO member, solicited competitive bids for various road materials in June 2017. The contract has been extended through December 31, 2019. As a member of MAPO, Englewood may utilize the bids received by Thornton. The terms of the bid process allow bidders to update their prices on a quarterly basis. The city of Englewood would issue purchase orders with the low bidder(s), as materials are needed. A not-to-exceed amount of $300,000 would be authorized for these purchases in 2019. Funding is included in the capital fund for Road and Bridge maintenance. ANALYSIS: The Colorado Front Range Multiple Assembly of Procurement Officials (MAPO), through its member agencies, competitively bids various supplies and services. Other municipalities and the state of Colorado have the opportunity to utilize MAPO's bidding process in lieu of completing their own competitive bidding process. The city of Thornton solicited bids for various road materials in June, 2017. Materials include: various types of asphalt, sand, aggregate & rock, and cold mix patching material. The contract has been extended through December 31, 2019. Prices are provided by vendors and updated on a quarterly basis. Therefore the low bidder, by material type, may vary from quarter to quarter. Prices are provided based on the source/material location and options for delivery versus picking it up at the site. The city would then issue one or more purchase orders with the low bidder(s) for the needed material in that quarter. The bid sheet for Q2 2019 is attached for reference, (low bid highlighted). Page 217 of 460 FINANCIAL IMPLICATIONS: The Public Works Department budgets annually for repair of roads and bridges through the Road and Bridge account, 30-1001-001-1002. $300,000 was included in the 2019 budget for roadway repair materials. Some of these funds will also be used to provide asphalt millings and road base for use in the alley maintenance efforts currently underway. ALTERNATIVES: The city could issue an invitation to bid for materials itself. Prices may or may not be more favorable than those provided through the MAPO solicitation. Since the MAPO prices are updated quarterly and multiple bidders are involved, staff feels that the MAPO prices are very competitive and a lower bid price would be unlikely. CONCLUSION: Staff recommends approving the attached resolution which awards a contract for the purchase of sand, aggregate, and road materials under the terms of the city of Thornton, Colorado Front Range Multiple Assembly of Procurement Officials (MAPO) Cooperative Purchasing Agreement in an amount not to exceed $300,000. ATTACHMENTS: Resolution Contract Summary Form City of Thornton/MAPO 2017 Bid Documents 2019 Q2 Bid Sheet Page 218 of 460 1/2 RESOLUTION NO. _____ SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE OF SAND, AGGREGATE AND ROAD MATERIAL UNDER THE TERMS OF THE CITY OF THORNTON COLORADO FRONT RANGE MULTIPLE ASSEMBLY OF PROCUREMENT OFFICIALS (MAPO) COOPERATIVE PURCHASING AGREEMENT. WHEREAS, Section 116(b) of the Englewood Home Rule Charter, allow contracts for public works or improvements associated with capital improvements to be negotiated, provided that contracts for which no competitive bids have been requested are approved and accepted by Resolution setting forth the reason for the exception to the competitive bidding requirement; WHEREAS, the City of Englewood Public Works Department utilizes sand, aggregate and road materials to repair, maintain and replace roadways and alleys within the City of Englewood; WHEREAS, the City, as a municipality, has the opportunity to take advantage of the pricing offered through the Colorado Multiple Front Range Assembly of Procurement Officials (MAPO) contract which is a competitively bid or negotiated agreement utilized by various municipalities and the State of Colorado to take advantage of the pricing structure negotiated through the cooperative bidding process; WHEREAS, the funds for the purchase of the sand, aggregate and road mateials comes from the Public Works budget under line item 30-1001-001-1002, Road and Bridge Repairs Supplies; and WHEREAS, the cost of purchasing the sand, aggregate and road materials chemical over the next year under the cooperative purchasing agreement is not to exceed $300,000.00. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase of Sand, Aggregate and Road Materials for the repair, maintenance, and replacement of roadways and alleys in the City of Englewood, in lieu of the internal competitive bid process, in an amount not to exceed of $300,000.00. Page 219 of 460 2/2 ADOPTED AND APPROVED this 20th day of May, 2019. Linda Olson, Mayor ATTEST: __________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. _____, Series of 2019. ______________________________ Stephanie Carlile, City Clerk Page 220 of 460 City of Englewood, Colorado Contract Approval Summary CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2019 Road and Bridge 30 1001 001 Road and Bridge repair 1,594,000.00$ 12,737.62$ 300,000.00$ 1,281,262.38$ O 2019 -$ -$ -$ -$ -$ -$ Total by Fund and Current Year 1,594,000.00$ 12,737.62$ 300,000.00$ 1,281,262.38$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 1,594,000.00$ 12,737.62$ 300,000.00$ 1,281,262.38$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 221 of 460 Page 222 of 460 Page 223 of 460 received time City horn sing Of?c Drive nton,802 www.RockyMountainBidSystem.corn sponsi Docum dden Purch ocated of C eceived after the deadline sgecified III.NOTICE INVITATION FOR BID The Agencies of the Cities of Northglenn,Thornton,Westminster,Brighton,Aurora, Wheat Ridge,and Longmont,as well as the City and County of Broomfield,Adams County,Jefferson County,and Jefferson County Schools,acting collectively through their authorized procurement officials,respectfully request separate sealed Bids for the purchase of "Sand,Aggregate and Road Materials,MAPO Bid No.2017-160”.Bids will be until 5:00 p.m.,local on June 22,2017,in the of T ton Purcha e,9500 Civic Center ,2”“Floor City Hall,Thor CO 29- 4326. Purchases will be authorized by issuance of a Purchase Order from the respective Agencies.Product is to be provided on an as-needed basis.Nothing herein shall guarantee a minimum purchase amount.The initial term of the resulting Purchase Orders shall terminate on December 31,2017;however,the participating MAPO agencies shall have the option of renewing for up to four (4)additional one (1)year terms. The awarded Vendor must hold the Bid prices quoted firm until September 30,2017,after which time the Vendor may request quarterly price adjustments for inflation based on the Denver-Boulder-Greeley Consumer Price Index (CPI)upon mutual agreement of the Parties. Thornton utilizes the Rocky Mountain E-Purchasing System (RMEPS)at to distribute official copies of the Invitation for Bid (“Bid Documents”)for use in preparing Bid.Bidders will be required to register with the website to download the Bid Documents and Addenda.If you experience problems with the RMEPS website,please call 1-800-835-4603 for assistance.There is no charge by Rocky Mountain E-Purchasing for this service.Bidders are required to acknowledge all Addenda with their Bid Proposal and are encouraged to either register with the website or to view the Addenda posted on the Contracts and Purchasing bulletin board prior to submission of a Bid Proposal.Bidders that do not acknowledge all Addenda may be considered non-re ve.The Bid ents,including A da,are also available for viewing at the asing Office I on the 2”“floor ity Hall at 9500 Civic Center Drive,Thornton,CO.Bidders that do not have download and/or printing capability in-house may contact a commercial reprographics company for assistance with downloading and printing the Bid Documents. Bids shall be submitted in a sealed envelope plainly marked on the outside with the Bidder’s name and address and “Sand,Aggregate and Road Materials,MAPO Bid No. 2017-160”.Bid delivered by mail or courier service shall be in the sealed envelope inserted into a separate mailing envelope.On the outside of the mailing envelope note “Bid Proposal Enclosed,Sand,Aggregate and Road Materials,MAPO Bid No.2017- 160". No Bids will be considered which are r .Any Bids received after the deadline will be returned to the Bidder unopened and will not be considered under any circumstances.Sole responsibility rests with the Bidder to see that its Bid is received by the deadline. Page 3 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand 8:Aggregate\2017-1 60 MAPO IFB 5-30-17 Rev.4/2016 Page 224 of 460 dan.ga|anaugh@ciLyofthomton.net an Bids submitted must equal or exceed the specifications contained herein.Thornton reserves the right to reject any and all Bids,or any part thereof,and to waive any formalities or informaiities contained in a Bid,and to award the Purchase Order to the lowest responsive,responsible,and trustworthy Bidder,as deemed in the best interest of the participating Agencies. Any questions concerning this Invitation for Bid shall be directed in writing to:The City of Thornton,9500 Civic Center Drive,Thornton,CO 80229-4326,Attention:Dan Galanaugh,CPPB,Purchasing Manager,Fax No.303-538-7556,E-mail — ,between the hours of 8:00 a.m.and 5:00 p.m., Monday through Friday,excluding holidays. The deadline for submission of questions is seven (7)Calendar Days prior to the date set for submission of Bids. First Published:June 1,2017,Northglenn-Thornton Sentinel Last Published:June 8,2017,Northglenn-Thornton Sentinel BY Galanaugh,CPPB Purchasing Manager Page 4 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 225 of 460 Page 226 of 460 Page 227 of 460 Page 228 of 460 ADDITL ,, W|T__,,,,,, , 9.SPECIFICATION DEVIATIONS BY THE BIDDER Any deviation from the specifications @ST be noted in detail and submitted i nwritingwiththeBid.Complete specifications should be attached for any substitutions offered,or when amplifications or clarifications are desirable or necessary.The absence of the specification deviation statement and accompanying specifications will hold the Bidder strictly accountable to the specifications as written herein.Failure to submit this document of specification deviation,if applicable,shall be grounds for rejection of the item(s)when offered for delivery.If specifications or descriptive papers are submitted with the Bid,the Bidder's name should be clearly shown on each document. The specifications,as listed herein,represent an estimation of acceptable product; however,the Agencies are fully cognizant that no two (2)products from different manufacturers are identical.Therefore,if Bidder’s products are similar and/or same in size,function,and operation,but some of the specifications do not completely coincide with the specifications as listed,Bidder shall list exceptions and explanations separately.Unless the product is identified as being a sole source specification,the Agencies do not intend to write specifications for a product for which only one (1)manufacturer can submit a Bid. 10.SPECIFICATION CHANGES AFTER AWARD Any changes in specifications after the Purchase Order has been awarded must be with the written consent of the Agency’s Purchasing Division. 11.BROCHURES Bids shall include adequate brochures,latest printed specifications and advertising literature describing the product(s)offered in such fashion as to permit ready comparison with the Agencies’specifications on an item-by-item basis,where applicable. 12.SPECIFICATION CHANGES.ONS.AND DELETIONS All changes in specifications made by the Agencies,prior to the submission o fBids,shall be in writing and furnished to Q Bidders in an Addendum.Verbal information obtained by Bidders will Q be considered,and Bidders shall not be entitled to rely on verbal information. 13.BID AMENDMENTS OR HDRAWAL REQUESTS Amendments to or withdrawal requests on Bids received after the deadline fo rsubmittingBidswillbevoidregardlessofwhentheyweremailed. Page 8 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand 8.Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 229 of 460 r.Bob West S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 PRODUCT DELIVERY LOCATION Delivery shall be made F.O.B.destination to the following locations: City of Northglenn Attention:Mr.Gene Maypole or Mr.Scott Rafferty 12301 Claude Court Northglenn,CO 80233 Unloading Hours:7:00 a.m.—3:30 p.m Phone Number:303-280-7817 City of Thornton Municipal Service Center Attention:Mr.Dave Gonzales 8651 Colorado Boulevard Thornton,CO 80229 Unloading Hours:7:00 a.m.—4:00 p.m. Phone Number:720-977-6405 City of Westminster Municipal Service Center Attention:Mr.Dave Cantu 6575 West 88"‘Avenue Westminster,CO 80031 Unloading Hours:7:00 a.m.—5:00 p.m Phone Number:303-658-2520 City of Aurora Water T &D 13645 East Ellsworth Avenue Aurora,CO 80012 City and County of Broomfield Norman Smith Center Attention:Ms.Mary Hall,Utilities or M Gowey,Streets 3001 124"‘Avenue Broomfield,CO 80020 City of Thornton Infrastructure Maintenance Center Attention:Mr.Dave Gonzales 12450 Washington Street Thornton,CO 80241 Unloading Hours:7:00 a.m.—4:00 p.m Phone Number:720-977-6405 City of Brighton Street Division Attention:Mr.Bob Younger 401 Longspeak Street Brighton,CO 80601 Unloading Hours:8:00 a.m.—4:00 p.m Phone Number:303-655-2088 City of Longmont Public Works Department Attention:Mr.Nick Banfe 375 Airport Road Longmont,CO 80503 Unloading Hours:8:00 a.m.—4:00 p.m. Phone Number:303-651-8461 Material for the following shall be F.O.B.ship pointvia Agency truck: Jefferson County Jefferson County Schools Pick-up only Pick-up only City of Wheat Ridge Pick-up only Page 9 of 42 Rev.4/2016 Page 230 of 460 Page 231 of 460 Page 232 of 460 Page 233 of 460 Page 234 of 460 Page 235 of 460 Page 236 of 460 Material transgortation unloading other cost V.INSTRUCTIONS TO BIDDERS 1.Bidders shall submit the following Bid documents Exhibit 1 Bid Form. Exhibit 2 Acceptance of Conditions Statement and Addenda Acknowledgement Exhibit 3 Reference Authorization and Release Form Exhibit4 Reference Form Exhibit 5 Affidavit Product Specifications Sheets ."".F"'.U.0.W.> 2 The apparent successful Bidder,if it is an individual or sole proprietor,will be required to submit Exhibit 5,Affidavit,and the applicable identification prior to award of a Purchase Order. 3 The apparent successful Bidder will be required to submit a signed W-9 Form prio rtoanAgencyissuingaPurchaseOrder. 4 It is not necessary to include the entire Invitation for Bid that has been provided by Thornton in your response. SPECIAL INSTRUCTIONS TO BIDDERS COLLECTIVE 1.The Agencies of the Cities of Northglenn,Thornton,Westminster,Brighton,Aurora, Wheat Ridge,and Longmont,as well as the City and County of Broomfield,Adams County,Jefferson County,and Jefferson County Schools,hereinafter called the Agencies,invite you to Bid on 2017 Sand,Aggregate and Road Material.MAPO Bid No.2017-160.The quantities listed are estimates for the remainder of the 2017 Calendar Year requirements and are for Bid purposes only. 2.All Material shall be Bid on a per unit price.Such unit price shall reflect all costs for ,,,or any which will be incurred as a result of purchasing material from a particular supplier.Bids which do not include the unit prices shall be considered irregular,and at the option of the Agencies, may be eliminated from further consideration.All conditions under which additional charges may be incurred,i.e.,depositldemurrage,must be specifically stated on your Bid Form.Failure to specify these conditions may result in rejection of payment for such charges. 3.Contract Period -The term of the Contract shall be from the date of Award through December 31,2017,with the option to renew annually for up to four (4)one (1)year terms.The option to renew this will expire in December of 2021. Page 16 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand 8-Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 237 of 460 Page 238 of 460 Page 239 of 460 Page 240 of 460 Page 241 of 460 TERMS _,_,,,,,, 10. 11. 12. S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 provided herein,the Vendor shall be paid for the product provided.If the Purchase Order is terminated due to the fault of the Vendor,the provisions governing termination for cause shall apply. TERMINATION FOR CAUSE If,through any cause,the Vendor fails to fulfill in a timely and proper manner its obligations,or if the Vendor violates any of the covenants,agreements or stipulations in a resulting Purchase Order,Agency shall have the right to terminate the Purchase Order for Cause by giving written notice to the Vendor of such termination and specifying the effective date of the termination.in that event,any product provided may,at Agency’s sole option,become Agency’s property and the Vendor shall be entitled to receive just,equitable compensation for any such product provided,or Agency may return any product provided to the Vendor at Vendor’s expense and Agency shall have no financial obligation to recompense the Vendor for any costs. Notwithstanding the above,Vendor shall not be relieved of liability to Agency for damage sustained by Agency by virtue of Vendor’s breach of the Invitation for Bi dorthePurchaseOrdertermsandconditions,and Agency may withhold any payments due,or that become due,to the Vendor for the purpose of set off unti lsuchtimeastheexactamountofdamagesincurredbyAgencyisdetermined. NON-APPROPRIATION OF FUNDS In the event the legislative body of any participating agency fails to appropriate funds for the continuation of a multi-term Purchase Order for any fiscal year past the first fiscal year,the Agency may,at the beginning of the fiscal year for which its legislative body does not appropriate funds and upon thirty (30)Calendar Days prior written notice,terminate the Purchase Order without penalty and thereupon be released of any further obligations. PATENT GUARANTEE Vendor shall,with respect to any device or composition of Vendor's design or standard manufacture,defend,indemnify and hold harmless Agency,its employees,officers,agents,and customers,from any costs and damages as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent,by reason of the sale or normal use of such device or composition. ACCEPTANCE OF BY SHIPMENT Shipment of all or any portion of the products covered by a resulting Purchase Order shall be deemed an acceptance by the Vendor of the Purchase Order upon the terms,conditions,and prices set forth herein. Page 21 of 42 Rev.4/2016 Page 242 of 460 Page 243 of 460 Page 244 of 460 AP.Invoices cit ofthorntonnet 16.INVOICES All invoices submitted shall show Agency’s Purchase Order Number. Thornton’s preference is for Vendors to e-mail a pdf version of invoices to or hard copies may be submitted to City of Thornton,Accounts Payable,9500 Civic Center Drive,Thornton,CO 80229- 4326.Invoices sent to anyone other than Accounts Payable are not considered to be properly submitted.Standard payment terms are net thirty (30)Calendar Days after receipt of an invoice. 17.INDEMNIFICATION To the fullest extent permitted by law,Vendor agrees to defend,indemnify and hold harmless Agency,its officers,agents and employees,from and against all liability,judgments,damages or losses which arise out of,result from,or are in any manner connected with the Services to be performed under this Agreement, to the extent it is determined such liability,judgments,damages or losses were caused by the negligent acts,errors,or omissions of Vendor,any subcontractor of Vendor,or any officer,employee or agent of Vendor,or anyone else employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and will pay to Agency any expenses incurred by reason of such liability, judgments,damages or losses,including,but not limited to,court costs and reasonable attorneys’fees incurred in defending or investigating such claims. Such payments on behalf of Agency shall be in addition to any and all other legal remedies available to Agency and shall not be considered Agency’s exclusive remedy. 18.INSURANCE A The Vendor agrees to procure and maintain in force during the term of a resulting Purchase Order,at its own cost,the following coverages: 1 Workers‘Compensation insurance as required by the Labor Code of the State of Colorado and Employer's Liability Insurance.Evidence of qualified self-insured status may be substituted. 2.Commercial General Liability insurance (MINIMUMLIMITS) (1)Each Occurrence $1,000,000 (2)Products/Completed Operations Aggregate $1,000,000 (3)Personal and Advertising Injury $1,000,000 (4)General Aggregate $1,000,000 The policy shall include coverage protecting against bodily injury, property damage,and personal injury claims arising from the exposures of (1)premises-operations;(2)products and completed operations including materials designed,furnished,and/or modified in any way by Vendor;(3)independent subcontractors;(4)contractual Page 24 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 245 of 460 Page 246 of 460 cerli?catesofinsurance@cityofthorntonnet obligations assumed by Vendor.The coverage shall not exclude faulty workmanship as a covered occurrence. C Vendor shall name Agency,its officer,agents,and employees as additional insureds with respect to the commercial general liabilit ycoverageabove.Certificates of Insurance shall be completed and forwarded,along with Additional Insured Endorsements,to Agency as evidence that policies providing the required coverages,conditions,and minimum limits are in full force and effect and shall be subject to review and approval by Agency prior to providing any product under a resulting Purchase Order.The initial completed Certificate(s)of Insurance and Additional Insured Endorsement(s)shall include the Vendor’s e-mail address for future inquiries and updates,and shall be sent to: City of Thornton Dan Galanaugh,CPPB,Purchasing Manager 9500 Civic Center Drive Thornton,CO 80229-4326 Subsequent Certificates of Insurance indicating renewal of coverage(s)shall be sent to Thornton’s Risk Manager at no later than thirty (30)Calendar Days prior to the expiration date.Indicate “Renewal CO|”and the Project Number in the e-mail subject line. D Failure on the part of Vendor or a subcontractor to procure or maintain policies providing the required coverages,conditions,and minimum limit sshallconstituteamaterialbreachofcontractuponwhichAgencymay immediately terminate their Purchase Order,or at its discretion,Agency may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith,and all monies paid by Agency shall be repaid by Vendor upon demand,or Agency may offset the cost of the premiums against any monies due,or that become due to Vendor. E Agency reserves the right to request and receive a certified copy of any policy and any endorsement thereto.Vendor agrees to execute any and all documents necessary to allow Agency access to any and all insurance policies and endorsements pertaining to a resulting Purchase Order. F Every policy required above shall be primary insurance and any insurance carried by Agency,its officers,or its employees shall be excess and not contributory insurance to that provided by Vendor.Vendor shall be solely responsible for any deductible losses under the policies required above. Page 26 of 42 S:\SS\C-P\MAPO\2017-160 MAPOSand &Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 247 of 460 Page 248 of 460 Page 249 of 460 Page 250 of 460 Percent gassing VII.SPECIFICATIONS 1.Fifteen percent (15%)Salt/Sand Aggregate Mixture: Fifteen percent (15%)salt/sand aggregate:One hundred percent (100%) passing 3/8”sieve and two percent (2%)or less passing #100 sieve. Delivery shall be made in single,tandem axle dump trucks or end dump trailers.Shipments in belly dump trailers will not be accepted. Fifteen percent (15%)salt/sand aggregate shall be delivered within four (4) hours of notification,including weekends and holidays. Salt/sand aggregate shall meet Colorado Department of Health Regulation 16 regarding aggregate Specifications. Testing and Material certification reports shall be provided in accordance with Colorado Department of Health Regulation 16. Material shall be free flowing and void of any lumps or clods of solidifie dMaterial. 2 Class 2,4,5,and 6 Road Base:Material will be in accordance with all requirements of the Colorado Department of Transportation (CDOT)“Standard Specifications for Road and Bridge Construction”,Latest Edition,Section 309. 3 Recycled Asphalt Road Base:Material to be crushed asphalt graded at 3/4” Sieve Size 3/4”100% #4 30%-65% #8 25%-55% #200 3%-12% 4 Bituminous Asphalt:Material will be in accordance with all requirements of the CDOT “Standard Specifications for Road and Bridge Construction”,Latest Edition, Section 702 and 703. a) b) c) d) e) f) 9) Bituminous Asphalt Class SX Cold Mix Class SX Hot Mix Class S Hot Mix Class SG Hot Mix Class E Hot Mix 3/8”“Fines”Hot Mix 5 Half inch (‘/2’’)Aggregate Cold Mix:Open graded polymer emulsion mix.Emulsion will be a high float mixing grade type made from polymer-modified asphalt UPM or equal.Lightweight aggregate mixes shall conform to ASTM C-330. S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 Page 30 of 42 Rev.4/2016 Page 251 of 460 Percent Passing Percent Passing Percent Passing 100% 0%-5% Percent Passing Percent Passing 10 11. 12. 13. Asphalt content will be five percent (5%)—six percent (6%)based on mix weight. Aggregate will consist of a crushed limestone or approved equal,complying with the requirements of ASTM C-136 for stone size #9 or #89 in the following manner: #9 #89 Sieve size 100%3/8” 85%-100%#4 10%-40%#8 0%-10%#16 0%-5%#50 EZ Street Cold Mix Asphalt Polymer Modified Tack Coat:CSS1H. Pea Gravel:Approximately %”. Topsoil:Unclassified. 90%-100% 20°/o -55% 5%-30% 0%-10% 0%-5% Reference “USDA Triangle of Physical Characteristics of Soil”—loam sand forty percent (40%),silt forty-five percent (45%),clay fifteen percent (15%). Squeegee: Sieve Size 3/8” #200 Washed Concrete Sand:CDOT Standard Section 700 Washed Rock (1%”):CDOT Standard Section 700. Sieve Size 2,. 1W’ 1.. 1%.. %,. Crushed Rock (%”):CDOT Standard Section 700 Sieve Size 1., W W. W #4 Page 31 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 100% 90%-100% 20%-55% 0%-15% 0%-5% 100°/o 90%-100% 20%-55% 0%-15% 0%-5% Rev.4/2016 Page 252 of 460 Percent Passing 14 15 16. 17. S:\SS\C-P\MAPO\2017-160 MAPO Sand 8-Aggregate\2017-160 MAPO IFB 5-30-17 Rip Rap Rock:Type L —9”diameter,Type M —12”diameter,Type H —18” diameter. Hot-Poured Joint/Crack Seal Material:This Material shall conform to ASTM D 3405- 78 for hot-poured joint sealant.The following requirements shall also apply: a)Each container shall not exceed fifty (50)pounds,including Material. b)Container shall not deform when exposed to ambient air temperature for a period of up to and including twelve (12)months. c)Percentage of crumb rubber shall be specified in your Bid. d)Material shall cure immediately upon cooling to ambient air temperature and shall not track or require the use of sand to prevent tracking. e)The Agencies may require a sample of the Material in sufficient quantity for evaluation purposes prior to purchase. f)Material may be ordered in one (1)or two (2)bulk purchases. g)Price Bid shall include delivery to designated locations. h)Material shall readily pour and penetrate cracks when heated to three hundred seventy-five degrees (375°)F —four hundred degrees (400°)F. Concrete:CDOT Standards Specifications for Road and Bridge Construction,Latest Edition,Class A,B,and D with 4,500 PSI with fiber mesh,Section 601 and related. Recycled Concrete Material (%”): Sieve Size 1"100% %”70% #4 50% #10 40% #40 20% #200 6% l.A.R.High Performance Cold Mix Repair Material.Substitutions are not allowed as this is for test purposes only. Crusher Fines:Small particles of crushed rock ground to a range of particle sizes from a fine dust up to a specified 3/8"maximum particle size. Page 32 of 42 Rev.4/2016 Page 253 of 460 Page 254 of 460 Page 255 of 460 Page 256 of 460 Page 257 of 460 ber: #1 Pit Number Pit Address Pit Phone Number: Contact: #2 Pit Number Pit Address Pit Phone Num Contact: #3 Pit Number Pit Address: Pit Phone Number Contact: #4 Pit Number Pit Address Pit Phone Number Contact: #5 Pit Number Pit Address Pit Phone Number Contact: Exceptions or deviations to specifications,or state "No Exceptions" PIT LOCATIONS Page 37 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand 8:Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 258 of 460 Page 259 of 460 To: X.EXHIBIT “3” REFERENCE AUTHORIZATION AND RELEASE FORM A Corporation By:A Partnership whose address is (Bidder)An Individual Bidder has submitted a sealed Bid to the City of Thornton (Thornton)for procurement of “Sand,Aggregate and Road Material”,MAPO Bid No.2017-160. Bidder hereby authorizes Thornton to perform such investigation of Bidder as Thornton deems necessary to establish the qualifications,responsibility,trustworthiness and financial ability of Bidder.By its signature hereon,Bidder authorizes Thornton to obtain reference information concerning Bidder and releases the party providing such information named above and Thornton from any and all liability to Bidder as a result of any such reference information provided. Bidder further waives any right to receive copies of reference information provided to Thornton.A copy or facsimile of this executed Reference Authorization and Release Form may be used with the same effectiveness as an original. By: Title: Date: Page 39 of 42 S:\SS\C-P\MAPO\2017-160 MAPO Sand &Aggregate\2017-160 MAPO IFB 5-30-17 Rev.4/2016 Page 260 of 460 Page 261 of 460 Page 262 of 460 Page 263 of 460 2019-2nd-qtr-price-template-for-2017-160-road-material (1) 2019-2nd-qtr-price-template-for-2017-160-road-material (1)Page 1 PRICING VARIES AMONGSt SUPPLIERS BASED ON PACKAGING AND LOAD SIZE,ETC.CHECK THE BID EXCEPTIONS TAB FOR THIS INFORMATION. Unit of Meas. 20127 estimate Crafco, Inc. Martin Marrietta Materials Requirement 307-778-8610 720-245- 6404 Lisa Skrettingland Tonya Bargas Price per unit delivered, regular business hours Price per unit delivered after business hours Price per unit, picked up, regular business hours Price per unit picked up, after business hours Price per unit delivered, regular business hours Price per unit, picked up, regular business hours FOB Factory 6555 Huron, Denver Price per unit, picked up, regular business hours FOB Factory 11401 WCR 9 3/4, Firestone Price per unit picked up, after business hours Price per unit delivered, regular business hours Price per unit delivered after business hours Price per unit, picked up, regular business hours Price per unit picked up, after business hours Price per unit delivered, regular business hours Price per unit delivered after business hours Price per unit, picked up, regular business hours Price per unit picked up, after business hours Price per unit delivered, regular business hours Price per unit delivered after business hours Price per unit, picked up, regular business hours Price per unit picked up, after business hours Price per unit delivered, regular business hours Price per unit, picked up, regular business hours Price per unit, picked up or delivered, regular business hours. Price per unit delivered, regular business hours Price per unit, picked up, regular business hours Price per unit, picked up, regular business hours Price per unit delivered, regular business hours Price per unit, picked up, regular business hours Price per unit delivered, regular business hours Price per unit delivered after business hours Price per unit, picked up, regular business hours Price per unit picked up, after business hours F O B F a c t o r y 1. 15% Salt, sand, aggregate mix Brighton Ton 3,000 NB NB NB NB NB NB NB NB $33.90 NB $31.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Broomfield Ton 150 NB NB NB NB NB NB NB NB $37.30 NB $31.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 2.a Road base class 5 Turnpike Location Jefferson County Ton 5,000 NB NB $3.50 $13.50 NB NB $8.00 No longer available NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.50 NB NB NB NB NB NB 2.b. Road base class 6 Turnpike Location & Nelson Location Arvada Ton 2,500 $10.00 $21.00 $3.50 $13.50 $13.22 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Thornton Ton 3,000 $10.50 $21.50 $12.00 $20.00 $12.88 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Thornton - 12450 Washington Location Ton 3,000 $11.50 $22.50 $12.00 $20.00 $12.88 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Westminster Ton 10,000 $11.75 $22.50 $3.50 $13.50 $12.70 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Brighton Ton 450 $13.00 $23.00 $12.00 $20.00 $13.40 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Broomfiled Ton 2,000 $12.50 $23.00 $3.50 $13.50 $13.30 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Northglenn Ton 500 $12.50 $23.00 $3.50 $13.50 $12.40 $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB Jefferson County Ton 5,000 NB NB $3.50 $13.50 NB $6.15 $9.00 $9.00 NB NB $8.90 NB NB NB NB NB NB NB NB NB NB $5.50 NB NB NB $8.25 NB NB NB NB NB NB 3. Recycled asphalt road base *Chavers Location **DADS Location Northglenn Ton 2,000 NB NB NB NB $12.74 $6.49 $9.50 $9.50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Wheat Ridge Ton 100 NB NB NB NB NB $6.49 $9.50 $9.50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Jefferson County Ton 5,000 NB NB NB NB NB $6.49 $9.50 $9.50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 4.a. Bituminous asphalt, Class SX (1/2") Hot Mix Arvada Ton 4,000 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Northglenn Ton 1,200 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Thornton Ton 4,800 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Westminster Ton 8,000 NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Brighton Ton 600 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Wheat Ridge Ton 60 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Adams County Ton 12,500 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Centennial Ton 3,300 NB NB NB NB NB NB $47.00 $52.00 NB NB $44.00ee Exceptions NB NB $45.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB 4.b. Bituminous Asphalt, Class SX (3/4") hot mix Arvada Ton 4,000 NB NB NB NB NB NB $44.50 $49.00 NB NB $42.00ee Exceptions NB NB $43.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Thornton Ton 2,800 NB NB NB NB NB NB $44.50 $49.00 NB NB $42.00ee Exceptions NB NB $43.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB Westminster Ton 500 NB NB NB NB NB NB $44.50 $49.00 NB NB $42.00ee Exceptions NB NB $43.00 NB NB NB NB NB NB $48.00 NB NB NB NB NB NB NB NB NB NB 4.c Bituminous Asphalt, Class SG Hot Mix Jeffco Schools Ton 200 NB NB NB NB NB NB $46.00 $50.00 NB NB $41.00ee Exceptions NB NB $42.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 4.d Bituminous Asphalt, 3/8” “Fines” Hot Mix Arvada Ton 100 NB NB NB NB NB NB NB NB NB NB NBee Exceptions NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Northglenn Ton 10 NB NB NB NB NB NB NB NB NB NB NBee Exceptions NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Thornton Ton 200 NB NB NB NB NB NB NB NB NB NB NBee Exceptions NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 5. High Performance Cold Mix $NB Arvada Ton 50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB Northglenn Ton 20 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB Thornton Ton 100 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB Westminster Ton 100 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB Brighton Ton 50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB Wheat Ridge Ton 10 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $145.00 $135.00 NB $588.00 $588.00 NB $130.00 $99.00 NB NB NB NB 6. Tack Coat CSSH1 Arvada Gal.4,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $2.09 $2.33 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $1.95 NB Thornton Gal.6,800 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $2.08 $2.32 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $1.84 NB Westminster Gal.3,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $2.10 $2.35 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $1.95 NB Brighton Gal.200 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $4.50 $5.50 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $3.21 NB Jeffco Schools Gal.1,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $2.20 $2.40 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $1.95 NB Jefferson County Gal.45,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $2.00 $2.32 $1.95 $1.97 NB NB NB $7.20 $3.12 NB NB NB NB NB $1.84 NB Broomfield Gal.250 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $4.25 $5.50 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $3.21 NB Wheat Ridge Gal.200 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $4.50 $5.50 $1.97 $2.05 NB NB NB $7.20 $3.12 NB NB NB NB NB $3.21 NB 7. ¼” Pea Gravel *Chavers Location Thornton Ton 50 NB NB NB NB NB NB $11.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Longmont Ton 150 NB NB NB NB NB NB $11.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 8. Top Soil Unclassified Thornton Ton 50 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Longmont Ton 150 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 9. Squeegee *Chavers Location Arvada Ton 600 $14.50 $22.00 $11.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Northglenn Ton 1,000 $14.50 $22.00 $11.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Thornton Ton 150 $14.50 $22.00 $11.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Albert Frei and Sons 303-289-1837, after hours 303-913-6541 Joseph Frei Brannan Sand & Gravel, Pit R - Aggregates, Lipan, 62nd & I-76 - Asphalt Plants 303-853-5146 Quikrete Companies LLC, dba QPR 800-388-4338 Lloyd Washington Cobitco, Inc. 303-296-8575 Todd Mellema 303-289-3366 Russell Hawkins 303-902-5014, or 303-994-0408 303-853-5146 Allied Recycled Aggregates Jason Clark Myra Thornton Denver Industrial Sales & Service Co. 303-935-2485 Roy Kimble Asphalt Specialties Company, Inc. 303-505-1307 Colorado Asphalt Services, Inc.Vance Bros., Inc. 303-341-2604 Drew Vance Brannan Sand & Gravel, Rock Creek - Asphalt Plant Brett Schalamon, Gary Stillmunkes Rock Creek Asphalt Plant, 1240 Rock Creek Circle, Lafayette Page 264 of 460 2019-2nd-qtr-price-template-for-2017-160-road-material (1) 2019-2nd-qtr-price-template-for-2017-160-road-material (1)Page 2 Westminster Ton 8,000 $14.50 $22.00 $11.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Brighton Ton 100 $14.00 $22.00 $11.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Jefferson County Ton 30,000 NB NB $10.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Jeffco Schools Ton 2,500 NB NB $10.00 $20.00 NB NB $8.00 No longer available NB NB $17.80 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 10. Washed concrete Sand Thornton Ton 20 NB NB NB NB NB NB No longer available No longer available NB NB $16.05 NB NB NB NB NB NB NB NB NB NB NB NB NB NB $10.00 NB NB NB NB NB NB Longmont Ton 50 NB NB NB NB NB NB No longer available No longer available NB NB $16.05 NB NB NB NB NB NB NB NB NB NB NB NB NB NB $10.00 NB NB NB NB NB NB 11. 1 ½” Washed rock Arvada Ton 150 $30.00 NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Northglenn Ton 50 $30.00 NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Thornton Ton 300 $30.00 NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Westminster Ton 50 $30.00 NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Aurora Ton 500 $30.00 NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Jefferson County Ton 1,000 NB NB $26.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 12. ¾” Crushed Rock Thornton Ton 300 $22.00 NB $16.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB $21.50 NB NB NB NB NB NB Jeffco Schools Ton 1,000 NB NB $16.00 NB NB NB NB NB NB NB $28.30 NB NB NB NB NB NB NB NB NB NB NB NB NB NB $21.50 NB NB NB NB NB NB 13.a. Rip rap rock – type M, 12" Dia. Thornton Ton 300 $22.00 NB $16.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $18.50 NB NB NB NB NB NB Arvada Ton 100 $21.00 NB $16.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $18.50 NB NB NB NB NB NB Brighton Ton 15 $25.00 NB $16.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $18.50 NB NB NB NB NB NB Jefferson County Ton 500 NB NB $16.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $18.50 NB NB NB NB NB NB 13.b. Rip rap rock – type L, 9" Dia.$NB Jefferson County Ton 500 NB NB $16.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $19.50 NB NB NB NB NB NB 13.c. Rip rap rock – type H, 18" Dia. Arvada Ton 100 $23.00 NB $18.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $24.00 NB NB NB NB NB NB Thornton Ton 50 $24.00 NB $18.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $24.00 NB NB NB NB NB NB Jeffco Schools Ton 50 NB NB $18.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $24.00 NB NB NB NB NB NB Jefferson County Ton 500 NB NB $18.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $24.00 NB NB NB NB NB NB 14. Hot Poured Joint/Crack Seal Material Northglenn LBS.60,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $0.4445 $0.500 $0.500 NB $0.52 NB NB NB $0.50 NB Arvada LBS.50,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $0.4445 $0.500 $0.500 NB $0.52 NB NB NB $0.50 NB Thornton LBS.95,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $0.4445 $0.500 $0.500 NB $0.52 NB NB NB $0.50 NB Westminster LBS.100,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $0.4445 $0.500 $0.500 NB $0.52 NB NB NB $0.50 NB Jefferson County LBS.250,000 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $0.4445 $0.500 $0.500 NB $0.52 NB NB NB $0.50 NB 15.a Concrete Class A 4,500 PSI with Fiber Mesh (Delivered) Arvada CY 600 NB NB NB NB NB NB NB NB $195.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB Brighton CY 80 NB NB NB NB NB NB NB NB $195.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 15.b. Concrete Class D 4500 PSI with Fiber Mesh (Delivered) Broomfield CY 800 NB NB NB NB NB NB NB NB $195.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB 16. Recycled Concrete Material (3/4”) Arvada Ton 3,000 NB NB NB NB $13.22 $6.15 $8.00 $10.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.00 NB NB NB NB NB NB Thornton Ton 200 NB NB NB NB $12.88 $6.15 $8.00 $10.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.00 NB NB NB NB NB NB Brighton Ton 120 NB NB NB NB $13.40 $6.15 $8.00 $10.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.00 NB NB NB NB NB NB Jeffco Schools Ton 200 NB NB NB NB NB $6.15 $8.00 $10.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.00 NB NB NB NB NB NB Broomfield Ton 600 NB NB NB NB $13.30 $6.15 $8.00 $10.00 NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB NB $8.00 NB NB NB NB NB NB 17. Crusher Fines Longmont Ton 150 $15.00 NB $6.00 NB No longer available No longer available NB NB NB NB $17.55 NB NB NB NB NB NB NB NB NB NB NB NB NB NB $4.50 NB NB NB NB NB NB * Chavers - 12367 WCR 8, Ft Lupton, CO 80621 ** DADS - 3500 S. Gun Club Rd, Aurora, CO 80010 Chavers Location & DADS Location Turnpike Pit-599 SH 52 Erie, CO 80516 Nelson Pit - 6755 CR 26 Longmont, CO 80504 Page 265 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dave Lee DEPARTMENT: Parks, Recreation & Library DATE: May 20, 2019 SUBJECT: CB 22 - Park Rules and Regulations DESCRIPTION: CB 22 - Park Rules and Regulations RECOMMENDATION: Staff recommends that Council approve a Bill for an Ordinance for Park Rules and Regulations. PREVIOUS COUNCIL ACTION: There has been no previous Council action on this Bill for an Ordinance. SUMMARY: Englewood Municipal Code (Title 1, Chapter 6, Article G, Section 1-6G-1) establishes the Department of Parks, Recreation and Library Services and directs the department to operate and maintain the golf course, ballfields, picnic shelters, playgrounds, beach or any other open space area owned and used by the City which is devoted to or designated for active or passive recreation. Additionally, Englewood Municipal Code (Title 11, Chapter 4, Sections 11-4-1 through 3) defines a 'park'; delegates to the City Manager or their staff authority to establish rules and regulations governing behavior and conduct of persons within parks, recreation facilities and open spaces as deemed necessary; designates the days and hours during which any park, facility or open spaces shall be open to the public and provides that it shall be unlawful for anyone to fail or refuse to obey the lawful order or rules and regulations of the City or the instructions of any sign posted by the City. ANALYSIS: The above mentioned standard rules and regulations are associated with protecting the health, safety and welfare of all wildlife and persons utilizing parks, open spaces and recreation facilities. Incorporating standard rules and regulations into the City's Municipal Code serves to aid notification to the public of such rules and regulations and improves compliance and enforcement of the rules and regulations. This amended Ordinance establishes the authority to adopt and put into action rules and regulations governing the behavior and conduct of persons using parks, recreation facilities and open spaces for the health, safety, welfare, protection and convenience of the public. Page 266 of 460 FINANCIAL IMPLICATIONS: Financial implications are minimal and may result in increased public notification in the form of additional signage, informational fliers, web site notifications and announcement in the Englewood Citizen. ALTERNATIVES: Council may choose to not approve the Ordinance as presented or may only approve portions of the Ordinance. ATTACHMENTS: Council Bill #22 Page 267 of 460 1 BY AUTHORITY ORDINANCE NO. COUNCIL BILL NO. 22 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE AMENDING TITLE 11, CHAPTER 4, SECTION 2 OF THE ENGLEWOOD MUNICIPAL CODE 2000, IN ASSOCIATION WITH ADOPTING BY ORDINANCE CERTAIN RULES AND REGULATIONS IN ASSOCIATION WITH ANY PARK, RESERVATION, PLAYGROUND, BEACH/SHORELINE, OR ANY OTHER OPEN AREA IN THE CITY, OWNED OR USED BY THE CITY AND DEVOTED OR DESIGNATED TO ACTIVE OR PASSIVE RECREATION, EITHER ON A TEMPORARY OR PERMANENT BASIS. WHEREAS, Article XII of the Charter of the City of Englewood, Colorado mandates the planning and supervision of a community recreation program and requires the City Council to equip and maintain all parks, recreation areas and facilities owned or controlled by the City, whether located within or outside the City; WHEREAS, Article XII of the Charter of the City of Englewood, Colorado places the control of all recreational programs and facilities under the direction of the City Manager; WHEREAS, Title 1, Chapter 6, Article G, Section 1-6G-1 establishes the Department of Parks, Recreation and Library Services and directs such department to operate and maintain the golf course, ball fields, shelter houses, playgrounds, beach, or any other open area owned and used by the City devoted to or designated for active or passive recreation; WHEREAS, Title 11, Chapter 4, Section 11-4-1 defines ‘park’ as “[A]ny area used as a park, reservation, playground, beach, or any other open area in the City, owned or used by the City and devoted or designated to active or passive recreation, either on a temporary or permanent basis”; WHEREAS, Title 11, Chapter 4, Section 11-4-2 delegates to the City Manager, or his designee, the authority to adopt and promulgate such rules and regulations, governing behavior and conduct of persons within the parks and recreation facilities as deemed necessary; WHEREAS, Title 11, Chapter 4, Section 11-4-2 additionally provides, the City may designate the days and hours during which any park or recreation facility shall be open to the public and may designate at any time any Section or part of any park or recreation facility to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect; WHEREAS, Title 11, Chapter 4, Section 11-4-3(A) additionally provides it shall be unlawful for any person to fail or refuse to obey any lawful order or rules and regulations of the City Manager, or designee, or the instructions of any sign posted by the City Manager, or his designee, unless otherwise directed by a police officer; Page 268 of 460 2 WHEREAS, Certain standard rules and regulations associated with protecting the health, safety and welfare of all persons utilizing the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City which is devoted to or designated for active or passive recreation have been adopted by the City Manager, or the Manager’s Designee; and WHEREAS, Incorporating standard rules and regulations into the City’s Municipal Code serves to aid in notification of the public of such rules and regulations, and improves compliance with and enforcement of such rules and regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. Amendment of Title 11, Chapter 4, Section 2. Title 11, Chapter 4, Section 2 of the Englewood Municipal Code shall be amended as follows: a. In order to have the parks and recreation facilities of this City used to the fullest extent consistent with an orderly use, there is hereby delegated to the City Manager, or his designee, the authority to adopt and promulgate such rules and regulations, governing behavior and conduct of persons within the parks and recreation facilities as he deems necessary. Notice of such rules and regulations shall be provided as appropriate, including posting on signs and/or posting on the City’s website, and/or as otherwise deemed applicable. b. Without in any manner limiting the foregoing authority, the City may designate the days and hours during which any park or recreation facility the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation shall be open to the public and may designate at any time any Section or part of any park, or recreation facility or any other open area owned and used by the City devoted to or designated for active or passive recreation to be closed to the public for any interval of time, either temporarily or at regular and stated intervals and post signs to such effect. c. In addition to any rules or regulations adopted pursuant to subsection a. above, the following general rules and regulations are hereby made applicable to the golf course, ball fields, shelter houses, playgrounds, beach/shoreline, or any other open area owned and used by the City devoted to or designated for active or passive recreation: 1. Destruction, removal or defacement of property is prohibited. 2. Use of parks, trails or open spaces is limited to the hours of 6:00 am to 11:00 pm. 3. All dogs shall remain on leash unless within a designated and posted off-leash area, during the hours such off-leash area is designated and posted for off-leash use. Attaching a leash to a dog but failing to secure the leash to a responsible person or within a responsible person’s hand does not comply with this provision. 4. All persons exercising a pet animal, including dogs, shall be responsible for immediately collecting and removing its waste, and for keeping such animal(s) under direct control at all times. 5. Any animal brought onto a City owned or controlled property must be properly licensed and vaccinated. Page 269 of 460 3 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. 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 20th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2019 for thirty (30) days. Linda Olson, Mayor ATTEST: _________________________________ Stephanie Carlile, City Clerk I, Stephanie Carlile, Acting City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 20th day of May, 2019. Stephanie Carlile Page 270 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Wade Burkholder DEPARTMENT: Community Development DATE: May 20, 2019 SUBJECT: CB 1 - Ordinance to approve the ALTA Englewood Station Planned Unit Development - District Plan DESCRIPTION: CB 1 - Ordinance to approve the ALTA Englewood Station Planned Unit Development - District Plan RECOMMENDATION: Staff recommends that the City Council approve an Ordinance for the ALTA Englewood Station Planned Unit Development (PUD) PREVIOUS COUNCIL ACTION: On December 17, 2018 Council held a Public Hearing and considered testimony on the ALTA Englewood Station PUD District Plan. On January 22, 2019 City Council considered an Ordinance to approve the PUD, and referred the matter back to the Planning & Zoning Commission 16to pursuant -2-the by addressed to concerns of be a with 8(G)(5), list Zoning and Planning the 2019 19, March Public Hearing. future a at Commission On Commission, for the second time, approved the PUD with certain conditions, and forwarded the matter to the City Council recommending approval of the application. On May 6, 2019, City Council held a Public Hearing on the PUD District Plan, and moved the matter to the May 20, 2019 regular meeting for further proceedings. SUMMARY: Staff is presenting an Ordinance for First Reading, pursuant to 16-2-1 (A)(2)(b) which requires that final action by the Council be taken within forty-five (45) days after the date of the Council's public hearing. By presenting the Ordinance on May 20, 2019 the City Council will be acting within the time constraints of the Municipal Code, due to the regular meeting dates in June having been moved to June 10th and 24th respectively. ANALYSIS: PUD rezoning shall be approved in the interest of promoting the health, safety, and general welfare of the community and shall be consistent with the City's Comprehensive Plan. In the present case, the proposed ALTA Englewood Station PUD has more restrictive land uses than the existing I-1 zone district. For example, the proposed plan does not allow adult uses, medical or retail marijuana centers, automobile sales, repair or rental, or mini-storage, storage yards, outdoor storage, or recycling programs. The proposed plan has a seventy (70) foot height limitation. The developers have agreed to adhere to the architectural design standards of Page 271 of 460 the M-U-R zone district, under 16-6.10 of the Unified Development Code (UDC). The owner has conducted a multi-modal study of the vicinity to identify measures to improve pedestrian, bicycle and vehicular connectivity to existing transit stations. The project is fully parked per the UDC, and a shared parking agreement with Cube Smart will be recorded with the Arapahoe County Clerk and Recorder memorializing the agreement in perpetuity. Based on the traffic impact study and analysis presented, the proposed development can be successfully incorporated into the existing and future roadwork network. The pedestrian environment created by street trees, shrub beds, raised planters, granite pavers, seat walls and pedestrian lights are desirable and appropriate for a distinctly urban location. In addition to the above, the proposed grading plan and preliminary drainage report have been approved the City's Public Works Department, as has the proposed utility plan. Final grading, drainage, and utility plans will be reviewed and approved by staff at the site development stage. As the decision making body, City Council must apply the following criteria when it approves a proposed PUD rezoning if it finds that the proposed rezoning meets the following criteria: 1. The proposed development shall comply with all applicable use, development, and design standards set forth in Title 16 that are not otherwise modified or waived according to the rezoning approval. In addition, the proposed rezoning shall meet AT LEAST ONE of the following criteria: 1a. The proposed development will exceed the development quality standards; levels of public amenities; or levels of design innovation otherwise applicable under Title 16;AND The proposed development would not be allowed or practicable under a standard zone district with conditional uses or with a reasonable number of Zoning Variances or Administrative Adjustments. OR 1b. The property cannot be developed, or no reasonable economic use of the property can be achieved, under the existing zoning, even through the use of conditional uses or a reasonable number of Zoning Variances or Administrative Adjustments. 2. All PUD rezonings shall meet the following criterion: 2a. The resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and the general public health, safety and welfare of the community will be protected. FINANCIAL IMPLICATIONS: The following is a recap of ALTA Englewood Station's contributions: • $60,000 in Multi-Modal Study enhancements (mentioned above); • On-site water main upgrades $40,000 plus tap fees $97,030; • On-site sewer main extensions $120,000 plus $56,875 license fee; • $121,723 parks/open space fee in lieu of land dedication; • Building permit fee of $291,125 • Permit review fee of $189,231 • Use tax fees of $1,603,700 Page 272 of 460 • County open space tax of $114,550 • Property taxes (annually projected) of $513,134 • Maintenance of the Hampden Avenue frontage from the BNSF Rail Underpass east to Jason Ave grounds and landscaping. (Currently being maintained by City Parks and Recreation Department) ALTERNATIVES: Under 16-2-1(2)(b) the City Council may approve, deny, or table the application. CONCLUSION: Staff recommends approval of the ALTA Englewood Station PUD based upon the recommendations of the Planning and Zoning Commission, and the testimony and evidence presented at the Public Hearing of May 6, 2019. ATTACHMENTS: 1. Council Bill #1 2. PUD Matrix 3. March 19, 2019 Planning and Zoning Commission Findings of Fact 4. Application Materials Page 273 of 460 1 BY AUTHORITY ORDINANCE NO. _____ COUNCIL BILL NO. 1 SERIES OF 2019 INTRODUCED BY COUNCIL MEMBER ______________ A BILL FOR AN ORDINANCE APPROVING THE ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) DISTRICT PLAN LOCATED AT 1070 WEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD, COLORADO WHEREAS, the Alta Englewood Station parcel is a 4.22 acre site formerly used for employee parking by the Sports Authority Headquarters, and is zoned I-1 Light Industrial; WHEREAS, the surrounding properties are currently being used for self-storage in the North building and the South building currently houses Earth Treks and a future 39,000 square foot industrial flex space for business development; WHEREAS, there is currently a 4.22 acre parking lot between the North and South buildings which is at the center of this development request; WHEREAS, the property was subdivided in 2018 into three separate parcels under the name of Hand Jam Subdivision; WHEREAS, Ogilvie Properties submitted an application for the proposed Planned Unit Development to establish specific zoning and site planning criteria for a Planned Unit Development (“PUD”); WHEREAS, the Alta Englewood Station PUD will change the Permitted Principal Uses to allow residential uses in addition to other by-right industrial, commercial, retail, and office uses; WHEREAS, the Englewood Planning and Zoning Commission held a public hearing on October 16, 2018, approving the PUD and forwarded the matter to the Englewood City Council with a recommendation for approval; WHEREAS, the Englewood City Council held a public hearing on December 17, 2018 and on January 22, 2019 and remanded the application back to the Planning and Zoning Commission for further review; WHEREAS, on March 19, 2019 the Englewood Planning and Zoning Commission recommended approval of the application to rezone the property known as 1070 West Hampden Avenue from I-1 to Planned Unit Development, with the following conditions: 1.) That removal of drive-thru restaurants and check cashing facilities from the table of allowed uses occur, and Page 274 of 460 2 2.) The applicant shall work with the City’s traffic engineer regarding signage for on-street parking along Jason Avenue, and 3.) Prioritization of the Parks and Open Space Fee-in-Lieu dedication to the rail trail project in the amount of $121,723, and forwarded the matter to the Englewood City Council recommending approval; WHEREAS, as part of its recommendation for approval by the Englewood City Council the Planning and Zoning Commission recommended that the complexity of the Plan or issues remaining for final action on the Site Development Plan did not warrant further public hearing review and recommended staff provide the final action; WHEREAS, the Planning and Zoning Commission agreed that if certain changes occur within the Planned Unit Development, new public hearings would be required before the Planning and Zoning Commission and City Council. Those changes include: an increase in building height above 70 feet, an increase in the number of dwelling units over 316, a decrease in the landscape area below 20% or an increase in building lot coverage above 80%; or a decrease in the number of provided parking spaces below what is required in the Unified Development Code for a multi-family development; and WHEREAS, the Englewood City Council held a Public Hearing on the Alta Englewood Station PUD on May 6, 2019, and at the conclusion of the Public Hearing moved the matter to the May 20, 2019 City Council meeting for further consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Alta Englewood Station Planned Unit Development (PUD) located at 1070 West Hampden Avenue, in the City of Englewood, Colorado, attached hereto as Exhibit A, is hereby approved. Section 2. The applicant, Ogilvie Properties, Inc. wishes to have approved its application for the Alta Englewood Station Planned Unit Development (PUD) to limit the uses allowed in this PUD to the following: Uses Allowed by the PUD District Plan: Residential Uses Group Living facility, large/special Group Living facility, small Small Treatment Center Live/Work Dwelling Multi-unit Dwelling Public/Institutional Uses Emergency Temporary Shelter - Housing Shelter, Food Shelter Government and City Library Page 275 of 460 3 Museum/Cultural Park and Open Space Religious Assembly Schools Transportation Facility Commercial Uses Animal Sales and Service, kennel/day care, pet store, small animal veterinary hospital or clinic Assembly Hall or Auditorium, hall rental for meetings or social occasions Dependent Care Center, less than 24 hour care, any age Indoor Entertainment/Amusement Amusement Establishment, as a Conditional Use Physical Fitness Center/Spa Theater and Performance Center/Concert Venue, not including adult entertainment General Outdoor Recreation, as a Conditional Use Financial Institution, with drive-thru service Financial Institution, without drive-thru service Food and Beverage Service, including: Brewpub Caterer Restaurant, Bar, Tavern with or without outdoor operations Sales Room, associated with Brewery, Distillery or Winery Take Out and Delivery only Medical and Scientific Clinic Hospital Laboratory (Dental, Medical or Optical) Office, Type 1 (general) Office, Type 2 (limited) Dry Cleaner, Drop-off site only Instructional Service Massage Therapy Personal Care Service: Photography Studio and Photo Lab, Upholstery, Printer, Locksmith Tailor Temporary Employment Business Retail Sales and Service (Sales), Including: Antique Store Art Gallery Auction House Buy-back, second hand, thrift, consignment stores, large Buy-back, second hand, thrift, consignment stores, small Convenience Store Grocery/Specialty Food Store Internet Sales Location Page 276 of 460 4 Liquor Store Retail Sales, General Merchandise Trade or Business School Radio/television broadcasting studio, recording/film studio Bed and Breakfast Hotel Hotel, extended stay Manufacturing/Industrial Uses Manufacturing, Including: Processing, Fabrication or Assembly Brewery Distillery Winery Warehouse/Storage Moving and Storage Warehousing and/or Storage Accessory Uses Caretaker’s Quarters Dormitory Home Occupation Parking Area (surface) Parking Garage (structure) Satellite Dish Antenna Service Units or Facility Swimming Pool Temporary Uses Car Wash Expansion or Replacement of Existing Facilities Farmers Market Food Vendor Carts Mobile Storage (with or without building permit) Real Estate Sales or Leasing Office (also model homes) Outdoor Sales (e.g., tent sales, parking lot sales, sales from vendor carts, etc.) Special Event (e.g., carnival, bazaar, fair) Tents, Canopies And the City Council hereby accepts this PUD District Plan, and the allowed uses are hereby included on the PUD District Plan. Section 3. The applicant has agreed to the following: • Payment of $60,000 to the City of Englewood to implement off-site multi-modal improvements in coordination with the Public Works Department. Page 277 of 460 5 • Implementation of on-site multi-modal improvements to include: access to the future Rail Trail, residential communications system, electric vehicle charging stations, bicycle amenities, and bike, scooter, and car share station(s). • Payment of $121,723 for the parks and open space fee-in-lieu of land dedication, dedicated to the Rail Trail project. • Payment of $143,000 to the cost of the future Hampden Avenue Rail Trail pedestrian bridge for pedestrian traffic mitigation created by this project. • Recordation of a shared parking agreement with the property located at 1090 S. Jason Avenue securing 82 parking spaces in perpetuity for use by the ALTA Englewood Station project. • Maintenance of the Hampden Avenue frontage from the BNSF Rail underpass East to Jason Avenue – this includes maintenance of the grounds and landscaping. • Installation of on-site water main upgrades. • Installation of on-site sewer main extensions; and • Payment of all associated fees and taxes related to permitting and construction. Introduced, read in full, and passed on first reading on the 20th day of May, 2019. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 23rd day of May, 2019. Published as a Bill for an Ordinance on the City’s official website beginning on the 22nd day of May, 2019. Linda Olson, Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Bill for an Ordinance introduced, read in full, and passed on first reading on the 20th day of May, 2019. Stephanie Carlile Page 278 of 460 Quasi‐Judicial Hearing Form Change of Zoning to Planned Unit Development (PUD) INFORMATION Zoning Case Number Applicant(s) Address(es) of property under review Short description of PUD proposal DECISION MATRIX E.M.C. 16‐2‐8. Criteria for Review. The City Council shall only approve a proposed PUD rezoning if it finds that the proposed rezoning meets the six criteria listed below. To make their decision, the City Council shall rely upon the evidence presented at the public hearing, as well as the written recommendations of both the City’s staff and the Planning Commission. Each line below is provided to allow for the city council to mark those elements deemed COMPLETE based upon the evidence presented. Place a checkmark upon any line which is supported by the evidence presented. By leaving a line blank, a city council is indicating that the evidence presented DOES NOT SUPPORT that the standard has been met. Place a checkmark upon line 6 only if the criteria set forth in either subsection 6(a) or subsection 6(b) has been met. Subsection 6(a) requires selecting (1, 2, or 3) AND 4. Subsection b has only a single standard. 1. The application is consistent with the Comprehensive Plan and Title 16. 2. The application is in conformance with adopted and generally accepted development standards. The proposed development shall comply with all applicable use, development, and design standards set forth in Title 16 that are not otherwise modified or waived according to the rezoning approval. 3. The application is in conformance with any other ordinance, law or requirement of the City. 4. The application is substantially consistent with the goals, objectives, and policies of the City. 5. The resulting rezoned property will not have a significant negative impact on those properties surrounding the rezoned area and the general public health, safety and welfare of the community will be protected. Page 279 of 460 6. The proposed rezoning shall meet either the criteria set forth in either subsection 6(a) or 6(b) as follows: 6(a) a. The proposed development will exceed the: 1. development quality standards; or 2. levels of public amenities; or 3. levels of design innovation otherwise applicable under Title 16. and 4. the proposed development would not be allowed or practicable under a standard zone district with conditional uses or with a reasonable number of Zoning Variances or Administrative Adjustments. OR 6(b) b. The property cannot be developed, or no reasonable economic use of the property can be achieved, under the existing zoning, even through the use of conditional uses or a reasonable number of Zoning Variances or Administrative Adjustments THIS MATRIX WAS COMPLETED BY THE City Council the day of , 2019. Linda Olson, Mayor ATTEST: I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing Quasi‐Judicial Hearing Matrix was completed by the Englewood City Council on the day of , 2019. Stephanie Carlile, City Clerk Page 280 of 460 Quasi‐Judicial Hearing Process Change of Zoning to Planned Unit Development (PUD) Review Process. 1. Administrative Review. E.M.C. 16‐2‐8(G)(3). The Community Development Department shall review the proposed PUD, and shall prepare a written report of its recommendations to be provided to the Planning Commission and to the City Council. A copy of the written staff report shall be furnished to the applicant. 2. Planning Commission Review. E.M.C. 16‐2‐8(G)(4). The Commission shall review the proposed PUD and the recommendation of City staff, shall hold a public hearing on the PUD, and shall make a written recommendation to the City Council to approve, approve with conditions, deny, or modify the PUD. The Planning Commission shall articulate any conditions/modifications it recommends that the City Council incorporate into its approval. 3. City Council Action. E.M.C. 16‐2‐8(G)(5). The Council shall: review the proposed PUD, review the recommendation of the City staff, review the recommendation of the Planning Commission, hold a public hearing on the proposed PUD. Following such hearing, the Council may: (1) approve such PUD by the adoption of the same by ordinance by majority vote of the membership of the council; (2) deny such PUD by failing to approve an ordinance to approve such PUD, or (3) return the same to the Planning Commission for further consideration, together with a statement specifying the basis for the Governing Body's failure to approve or disapprove, and requesting modifications based on the requirements of Title 16. No substantial amendment to an application for a rezoning may be made by the Council after a recommendation on the rezoning has been made by the Commission, unless it is first referred back to the Commission for comment on the proposed substantial amendment. If the Governing Body returns the Planning Commission's recommendations, the Planning Commission, after considering the same, may resubmit its original recommendations giving the reasons therefor or submit new and amended recommendations. Upon the receipt of such recommendations, the Governing Body may adopt or may revise or amend and adopt such recommendations by ordinance, or the Governing Body may deny such PUD by failing to approve an ordinance to approve the PUD. Page 281 of 460 Englewood Municipal Code 16‐2‐8: Planned United Development (PUD) Rezoning Process and Requirements. The PUD Zone District is an alternative to conventional land use regulations resulting in the creation of a unique zone district that offers the City and Applicant forms or qualities of development or amenities not allowed through existing base zone districts. The PUD Zone District combines use, density, height, design and site plan considerations into a unified process. Each PUD Zone District must include its own list of permitted and conditional uses and shall identify what development standards will apply. The PUD Zone District is specifically intended to: 1. Provide an opportunity for the developer and the City to review the type and intensity of development being proposed, and to identify any elements of the proposed plan that may not comply with existing City development standards. 2. Provide development opportunities not otherwise permitted within existing zone districts by reducing or eliminating the inflexibility that sometimes results from strict application of zoning and development standards. 3. Permit and encourage innovative design, flexibility, and diversity in land planning and development. 4. Provide the opportunity for unified development control for a single parcel or multiple properties in harmony with the environment and respecting the context of the surrounding neighborhoods by establishing design and development standards for the general character of the properties within the PUD. 5. Plan for the general configuration of land uses, common elements, major transportation and pedestrian circulation elements, utilities and necessary easements to serve the site and to connect to existing and planned transportation networks, pedestrian networks and utilities. 6. Plan for proposed amenities, such as parks, open space and recreational facilities. 7. Identify natural features of the site that should be enhanced, protected or remain undeveloped. 8. Ensure consistency with the Englewood Comprehensive Plan. 9. Provide for the public health, safety, integrity and general welfare, and otherwise achieve the purposes provided in the Planned Unit Development Act of 1972 as amended (C.R.S. 24‐67‐101, et seq.). 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M.?lm..:um:o>>:.mnst.SSMXs3:n:.<.m u?mmo mzoimmm mmmnmoimM52)mmmomozazammwNnmizm LFOZQ .332 ><m2:m......maominn?lolom?lmluhmlm>2D oumz mmnommmm..2.:mc omulo...102?O?lmm>=.?mhlhvmogmoa l2 ?lm .£SQS<?om?ms?o. ><mmH>523.m_.o<<:m._u_.___mn53oz._<_om_.m:m_.._.o<§_m<.<<__=m z><m“zoam >mm._.>_2”zoam >mmmz?_u_.mm:,__._.m.Eazom ._._m3020:omima.3. asmmm_uEo=..mmmanoo:o_cm.o:mmamm2mo=<mmm2Emammaanon_<_m_.nEAm.88. m<omomxom._.Im03£22.20a.~oz_zmoo_s_s_mm_oz \ ._.I>._.m _<__._=_-_<_on_m__u_m:Smm 02558 man_.m<mm<<mu3 =6 .u_m:a:mmanNolanOoaammmaaman39802umummima_::mm.:._o.Em _._._._u3<m3m:.mm_.mu_.o2m_.ma3.3m>uu__nm:.mm a 3m u_.o_.mn..Page 288 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com March 8, 2019 Wade Burkholder City of Englewood Englewood Civic Center 1000 Englewood Parkway Englewood, CO 80110 RE: Resubmittal and Response to City Council Comments ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) DISTRICT PLAN, LOCATED AT 1070 WEST HAMPDEN AVENUE IN THE CITY OF ENGLEWOOD, COLORADO There were several important issues that were raised during the Planning and Zoning and City Council Hearings that are addressed below and in our re-submittal of the PUD District Plan. We appreciate the opportunity to provide clarity on our proposed development and to appropriately limit changes to the proposal. Both the PUD District Plan and our proposed development are now in concert with city code, provide appropriate development parameters, and delineate that deviations from said development parameters will require additional review by the Planning and Zoning Commission and City Council. Multi-Modal Study As discussed and requested by the Planning and Zoning Commission and addressed by City Council, a Multi-Modal Study has been prepared and submitted as part of this re-submittal. This study addresses the impact the population may have on this site and how mass transit and other modes of transportation factor into this site’s function. The study also addresses walkability of this site. As a result of the findings in the Multi-Modal Study, the following items will be addressed in the Site Improvement Plan, including: An opportunity to work with the City of Englewood to connect the project to the planned “Rail Trail” system Providing onsite residential communication systems that promote ridesharing and carpooling Providing onsite amenities that support bicycling as an alternative to motor vehicles An opportunity to work with the City to place bike/scooter/car sharing stations adjacent or near the site to encourage multi-modal transportation Please reference the Multi-Modal Study attached. Page 289 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com Parking In accordance with concerns raised by City Council as well as a neighboring business owner, we are now parking the multi-family uses to code (per City’s UDC). The parking ratios for the PUD District Plan have been modified to achieve the parking ratios requested at the public hearing. Please refer to the revised PUD District Plan, included with this submittal, as well as a shared parking agreement, letter, and exhibit. Earth Treks and CubeSmart Parking/Circulation The parking lot on 1050 will be regulated in the event there were ever any issues. The applicant owns the Earth Treks building and is mutually incentivized to prevent parking issues. Signs reading “no overnight parking” could be installed, for instance. This is a private property and if parking violations do occur, people parking on the site that are associated with the apartment complex could technically be trespassing. Signage can be installed to prevent this and ultimately cars can be towed if it becomes an issue. The CubeSmart property, also owned by the applicant, provides adequate parking per the UDC. The initial traffic study took these uses into account when CubeSmart was developed; circulation and parking requirements have been adequately addressed. On-Street Parking Although the applicant doesn’t have the authority to regulate the on-street parking, the applicant would be supportive of certain restrictions. For instance, preventing overnight parking from 8 p.m. to 6 a.m. would mitigate parking by residents of the proposed residential development that might conflict with surrounding businesses. Alternatively, a permitting system created by the City that allows current neighborhood tenants and occupants to be issued permits for parking during work hours would also be supported. During nights and weekends, a permit would not be needed for on-street parking. Tenants that will NOT be granted on- street parking permits would include tenants of the existing buildings located at 1050 W. Hampden, 1090 W. Hampden, or any tenants associated with the proposed Alta Englewood Station development. Providing additional parking to meet code requirements, in addition to the proposed on-street parking solution should eliminate neighbor concerns about tenants of the proposed development negatively impacting existing neighbors. In addition to the information above, the applicant has prepared two separate off-site parking studies, one day and one evening analysis. These two studies show that the existing on-street parking adjacent to the site has close to 58% vacant parking spaces during peak day time business hours and close to 97% vacant parking spaces during peak evening business hours. Please reference the On-Street Parking Analysis studies attached. Page 290 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com Public Process City Council expressed a desire for continued public outreach and for additional public outreach regarding the proposed development plan. Specifically, Council was concerned that the public should be allowed to comment on a proposed site plan. Both the applicant and Wood Partners remain committed to community engagement. Prior to our initial submission to the Planning and Zoning Commission and City Council, we created a three-prong community engagement strategy to include as much feedback as possible to both the District Plan and proposed multi- family development. We focused on the immediate neighbors, the commercial / industrial / residential district surrounding the site and the larger community. For the immediate neighbors we did individual meetings, walked door-to-door and hosted informational booths at Earth Treks. For district members, we hosted informational meet and greet luncheons at The South Restaurant. We walked, flyered and mailed all the adjacent properties owners (approximately 90 neighbors) to invite them to the luncheon sessions. Finally, our outreach included three community meetings with statutory notice and flyers in the area to garner additional feedback. Resulting from our comprehensive outreach strategy, we had the following unique community interactions: 182 neighborhood, 274 district and 300-community wide for a total of 756 interactions. We listened to Council’s request for additional community engagement. For our resubmittal, we are conducting the following additional community outreach: 1. Invitation (flyering) of approximately 120 property owners adjacent to the site for a site plan workshop on our proposed development plan hosted at the Elks Club. 2. Door-to-door notice of all adjacent property owners for a separate meeting at the Elks Club to talk about parking (now at code), proposed site plan and detailing of the limitations on the site plan. 3. Direct contact to all speakers that testified at the City Council Hearing. We are working to speak with all of the individuals that testified at the hearing. 4. Direct meeting with adjacent business owner that was concerned about reduced parking on our site. Meeting will be held to thank him for his ask and verification that we are parking to code. We fully support Council’s desire for continued community engagement. Secondly, we listened to the community. We are now parking the project to code and providing development certainty for our neighbors. Their input has made this project much better. Building Height The initial PUD District Plan allowed for a 100’ height limit, which was less than the current zoning in the I District, which allows unlimited height. To address Council concerns, the revised District Plan lowers the maximum height to 70’. The proposed building in the Site Plan exhibit is lower than allowed, with a main roof height of 46’-10”. There are a few elements that extend higher, such as the parapets (48’-2”) and the stair towers and elevator towers (64’-0”), but nothing is proposed over 70’. Page 291 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com 2-Step Approval Process Council questioned why the 2-Step Approval Process was acceptable to the Planning and Zoning Commission. From our understanding and review of the initial staff report, the 2-step process was acceptable to Planning Commission because it complies with current code. Additionally, both the applicant and Wood Partners want to be completely transparent, share as much information as possible and provide certainty that the proposed development has parameters with limited ability to change. These parameters were derived from direct discussions with City Council members at the public hearing. In order to provide more detail and bind the proposed development to a site plan, Wood Partners has developed additional detail for a site plan that is being submitted as a part of this revised PUD District Plan submittal. Finally, the PUD District Plan now requires that certain deviations from this site plan would require the PUD to come back for approval before the Planning and Zoning Commission and City Council. This was a specific topic of discussion with City Council and the applicant wants to provide parameters that if deviated from would require additional review and approval. Deviations include the following: Increase in Building Height above 70' Increase in number of units over 316 Decrease in Landscape Area below 20% or Increase in Max Lot Building Coverage above 80% Decrease in provided parking below the UDC required: o 1.5 Spaces Per Unit (Studio / 1BR / 2BR) o 2 Spaces Per Unit (3BR) o 1 Space Per 5 Units (Visitor) This demonstrates that although Wood Partners is unable to risk over $1 million in design costs in order to submit a full site development plan, prior to a zoning approval (via the PUD District Plan), Wood Partners has spent significant additional funds to provide a more detailed concept plan that meets many of the requirements of a full site development plan submittal. This concept plan now includes detailed sheets for every floor plate, including parking layouts, and a 3D view to show building massing and height. Effectively we are aspiring to provide the same development parameters and public certainty that would be provided if the rezoning and site plan were pursued concurrently. Further we built in a mechanism that will trigger review by Planning Commission and City Council if any of the respective parameters are changed as detailed above. Multifamily Uses and Consistency w/Englewood Forward The multi-family residential use proposed is consistent with several goals and objectives in the Englewood Forward: 2016 Comprehensive Plan: Providing a variety of housing meets Goal Live – 1: Promote a balanced mix of housing opportunities serving the needs of current and future Englewood citizens. These homes will accommodate those who are new to living on their own, pre-homeownership and those who choose to downsize after their nest empties. The project will help balance the City’s recent attraction of luxury multi-family communities with its abundance of older single-family homes to improve choice among Englewood residents. Page 292 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com The multi-family use also meets Goal Live – 3: Recognize and enhance the relationships between land use and the transportation system. ALTA Englewood Station is within walking and biking distance of the Englewood and Oxford light rail stations, .4 and .6 miles respectively. The proximity to transit promotes the use of the bus and rail system and provides first and last mile connectivity. The project provides 158 bicycle parking spaces for residents, or 1 space per 2 units, in compliance with the Unified Development Code. Pedestrian and bicyclists can safely access the Englewood Station via S. Jason St. and S. Inca St., crossing Hampden Ave. at an existing signalized intersection, while those headed towards the Oxford Station can take S. Windermere St. In addition, an off-street trail connecting both stations with a pedestrian bridge over Hampden Ave. is planned to be implemented by the City of Englewood, as shown in the Walk and Wheel Master Plan and Program. The proposed site plan provides a clear connection point to that future trail access. Finally, an immersion of dense residences in proximity to these light rail stations will support the area’s existing mix of uses, including civic, cultural, retail, healthcare, office, and industrial, increasing the retail base, access to services and amenities, and opportunities to live close to work. This multifamily project would be the first infusion of residents to the immediate area and is only allowed within the 4-acre PUD District. The surrounding area remains within the industrial I-1 zoning and will continue to provide employment opportunities and manufacturing space. In fact, two new showroom / warehouse users are planning to open east of Earth Treks. All the above contribute to Objective-Live 3.1, 3.2 and 3.3. The multifamily use also achieves Goal Shop-2: Capitalize on the unique characteristics and associated opportunities for enhancing the value of Englewood’s commercial and mixed-use districts. By integrating residents into the area, ALTA Englewood Station will enhance the vibrancy of surrounding areas, creating places where people connect and reflect upon their shared experiences. This project will add to the distinctive character of adjacent station areas, and help create a complete neighborhood, in conjunction with Objective Shop-2.1, 2.2 and 2.3. Infrastructure Engineering reports were submitted to the City and utility providers for review by City staff. “Will-Serve” letters were provided by utility providers indicating that the current system does have the capacity and capability to handle the proposed development. In addition, the proposed development with contribute the following to infrastructure upgrades: a. Water: For 316 units, the development will pay a water impact fee of $97,030.00 to the City of Englewood and will install water main improvements throughout the site at no cost to the City of Englewood. b. Sanitary Sewer: For 316 units, the development will pay a sanitary sewer impact fee of $56,875.00 to the City of Englewood and will install sanitary sewer main to the site at no cost to the City of Englewood. Page 293 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com c. Storm/Drainage: Storm sewer exists within and adjacent to the site and is considered a private improvement. As part of the proposed development of the site, it will be a requirement to provide stormwater water quality and detention in accordance with City of Englewood and Urban Drainage and Flood Control District requirements. Since no structural stormwater management facilities currently exist on the site, this structural stormwater management (coupled with the reduction in impervious cover compared to the existing condition of a fully paved parking lot) results in a significantly improved stormwater management condition for the site and downstream public drainage system. Therefore, the proposed development does not negatively impact the existing storm sewer related infrastructure surrounding the proposed development, but instead creates an improved stormwater condition for the public. d. Electric/Gas: Xcel Energy manages the requirements for these utilities and has provided will serve letters that ensures that infrastructure can handle the proposed loads. If off-site upgrades are required, they will be at no cost to the City of Englewood. Please reference Municipal & City Fee Calculations and “Will Serve” letters attached. Given the above-mentioned information, there has been a net reduction of the impact that the collective development will have on infrastructure compared to the previously existing condition at any one time due to the mix of uses on-site. The conversion of the office complex into a variety of uses (self-storage/climbing gym/residential) has helped to distribute the use of public utilities and transportation networks from a primarily peak day time usage to a more evenly distributed daytime and evening/night usage. Contributions to Capital Projects Council indicated that they felt this project wasn’t contributing to capital projects expenditures. To the contrary, this project will contribute significantly to capital projects. The capital projects referenced are the result of engineering reports that indicate improvements to infrastructure may be needed to accommodate the proposed development. This project goes far beyond these engineering recommendations. The following is a list of the proposed development’s contributions to infrastructure upgrades: a. Traffic: Potential off-site multi-modal enhancement as discussed in the Multi-Modal Study in the amount of $60,000 b. Water: On-site water main upgrades in the amount of $40,000 c. Sewer: On-site sewer main extension in the amount of $120,000 d. Parks/Open Space: Paid fee of $121,723 in lieu of land dedication e. City Fees: Total fees of $2,084,055.84 Building Permit Fee of $291,124.75 Building Permit Review Fee of $189,231.09 Use Tax Fee $1,603,700 f. County Fees: Open space tax of $114,550 g. Property Taxes: Projected annual tax liability of $513,134 upon completion of construction Please reference the attached Infrastructure Impact Analysis, Drainage Letter, and Ryan Tax Projection. Page 294 of 460 1101 Bannock Street | Denver, CO 80204 www.norris-design.com Traffic Study The 1050 & 1090 Hampden Avenue, Englewood, CO Traffic Impact Study – Revised, dated December 5, 2017, and prepared by Aldridge Transportation Consultants, LLC, was previously completed specifically for this PUD based on direction from City of Englewood transportation engineering staff. City of Englewood transportation engineering staff provided the direction for what should, and needed, to be analyzed. The report, which doesn’t warrant additional improvements to adjacent public road networks, traffic signals or crossings, was approved by City of Englewood staff. The above-mentioned traffic study accounts for all the current uses, along with 300 multi-family units. Again, to provide complete and accurate information, the applicant has prepared a supplemental traffic letter that accounts for all 316 units as the original report only accounted for 300 units. The ALTA Englewood Station Traffic Study Review (dated December 21, 2018, and prepared by Harris Kocher Smith) states that the additional 16 units will not modify the results of the previous traffic study to the point where off-site improvements would be warranted. Harris Kocher Smith is currently evaluating the impacts of increased pedestrian traffic upon vehicular traffic on Hampden to determine to what extent pedestrians pressing the walk button to cross Hampden from Inca will affect vehicular traffic flow. Page 295 of 460 Page 296 of 460 Page 297 of 460 Page 298 of 460 Page 299 of 460 Page 300 of 460 SITE S SANTA FE DR (US-85)W KENYON AVE S WINDERMERE STW HAMPDEN AVE (US-285) W LEHIGH AVES KALAMATH STS JASON STW JEFFERSON AVES INCA STS INCA STRTD ENGLEWOOD STATION 51 51 51 51 51 S ELATI STW FLOYD AVE S FOX STE-7 51 SHEET NO. DRAWN BY: DSN'D BY: CHK'D BY: ISSUE DATE: DATE REVISION COMMENTS PROJECT #: 1120 Lincoln Street, Suite 1000 Denver, Colorado 80203 P: 303.623.6300 F: 303.623.6311 HarrisKocherSmith.com Plotted: WED 02/06/19 1:19:41P By: Charles Kudlauskas Filepath: p:\171121\engineering\exhibit\traffic\englewood station site exhibit.dwg Layout: vicinity map 1 1 1 2/6/2019 CAK MEK CAKWOOD PARTNERS ALTA ENGLEWOOD STATION VICINITY MAP NO CHANGES ARE TO BE MADE TO THIS DRAWING WITHOUT WRITTEN PERMISSION OF HARRIS KOCHER SMITH. OF 171121 LEGEND:RTD LIGHT RAIL C&D LINES FUTURE "RAIL TRAIL" BUS 51 ROUTE PEDESTRIAN ROUTE TO/FROM ENGLEWOOD STATION PEDESTRIAN ROUTE TO/FROM BUS STOP BUS STOP51BUS 0, 12, & 35 ROUTE BIKE ROUTEE-7 Page 301 of 460 Aldridge Transportation Consultants, LLC Advanced Transportation Planning and Traffic Engineering John M.W. Aldridge, PE, PTOE, AICP 1082 Chimney Rock Road Colorado Licensed Professional Engineer Highlands Ranch, CO 80126 Tele: 303-703-9112 Mobile: 303-594-4132 Email: john@atceng.com February 20, 2019 Dustin Jones Ogilvie Properties, Inc. 2601 Blake Street #200 Denver, CO 80205 RE: Shared Parking Analysis Englewood Station Dear Mr. Jones: Pursuant to your request, we have reviewed the off-street parking program for Englewood Station and the opportunity to establish a shared parking arrangement with the adjacent Cube Smart Self Storage facility. This review references the Englewood Municipal Code, Section 16-6-4: Off-Street Parking and Loading Requirements for the Minimum Off-Street Vehicle Parking Ratios and standards for Eligible Alternatives/Criteria for Approval of a shared parking arrangement. We also reference the ITE Parking Generation Manual, 4th Edition to supplement our review as needed. The proposed development plan shown on the next page presents a multi-family residential project that includes 316 apartments. 309 apartments will feature 2 or less bedrooms and 7 will have 3 or more bedrooms. The parking garage will provide 460 total spaces. The Code requires as a minimum, 1.5 spaces for the 309 apartments with 2 or less bedrooms plus 1 guest space for every 5 units. For the 3 or more bedroom units the ratio is 2 spaces per unit. The required number of spaces calculates to 542 (rounded up). This leaves the required number short by 82 spaces. The charts show the parking calculations. The Cube Smart Self Storage facility has 105 spaces located on the east and west sides. 57 are on the west side and 48 on Page 302 of 460 Aldridge Transportation Consultants, LLC Page 2 of 3 the east side. The building is 118,000 square feet in size and contains 890 storage units. For this type of use, the Code requires 1 space for every 6,000 square feet plus 2 spaces for the manager, 22 spaces in all. 1 space for every 100 units (9 spaces) is an option but the greater number at 22 spaces prevails. With 82 of the 105 Cube Smart spaces allocated to the apartment complex and 22 allocated to the Cube Smart facility, there would be one (1) extra space. The plan shows the parking arrangement and number of spaces. Under a shared parking arrangement where the average peak period parking demand for the apartments is from 12am to 6am1 and the average peak period parking demand for the self storage facility is from 10am to 12pm and 4pm to 5pm on a weekday and 9am to 10pm on a Saturday up to an additional 20 spaces would be available for sharing. The 102 available spaces would exceed 1 Average peak period parking demand per the ITE Parking Generation Manual, 4th Edition. Page 303 of 460 Aldridge Transportation Consultants, LLC Page 3 of 3 the Code requirement by 21 spaces. The following table summarizes the required spaces for both properties, the time of day reduction, and the number of empty spaces under a sharing arrangement. Manager/ Independent Guest Required 8am‐5pm 6pm‐12am 12am‐6am 8am‐5pm 6pm‐12am 12am‐6am Variable Quantity Ratio Spaces Spaces 20% 75% 100% 50% 75% 100% Multi‐Family DU 309 1.5 1 per 5 units 526 105 395 526 263 395 526 Number of Units with 2 bedrooms or Less 20% 75% 100% 50% 75% 100% Multi‐Family DU 7 2 1 per 5 units 16 3 12 16 8 12 16 Number of Units with 3 bedrooms or More 100% 25% 10% 100% 25% 10% Cube Smart Self Storage KSF 118 1 per 6 ksf 222 225 2225 2 Sub‐Total 564 130 412 544 293 412 544 Excess (Empty) Spaces With a Shared Parking Arrangement ‐ 565 Available Spaces 1 435 153 21 272 153 21 Each Use as Independent Stand‐Alone From COE Table Shared Parking Analysis Time of Day Reduction Base Number of Spaces Monday thru Friday Saturday and Sunday Based on the evidence presented herein, it is my professional opinion, that the 565 available spaces between the two properties are sufficient in number and can be allocated to each property to satisfy the Code requirements for the miminum number and type of parking spaces under a shared parking arrangement. Further, it is my professional opinion that a shared parking arrangement is consistent the standards promulgated by Englewood Munincipal Code, 16-6-4. Should you have any questions or need additional information please call me at 303-703-9112. Thank you for the opportunity to be of service. Respectfully submitted, Aldridge Transportation Consultants, LLC John M.W. Aldridge, P.E. Principal ATC is professional service firm specializing in traffic engineering and transportation planning. ATC’s principal, John M.W. Aldridge, is a Colorado licensed professional engineer. In the past 20 years, ATC has prepared over 1,000 traffic impact studies, designed over 100 traffic signals, and has provided expert witness testimony on engineering design and access issues on multi-million- dollar interchange and highway projects in Kansas and Colorado. Page 304 of 460 After Recording Return to: __________________________ __________________________ __________________________ PARKING EASEMENT AGREEMENT THIS PARKING EASEMENT AGREEMENT (this "Parking Agreement") is effective as of the ____ day of __________________, 2019 (the "Effective Date"), and is executed by and between WEST HAMPDEN INVESTORS, LLC, a Colorado limited liability company ("WHI"), and WP WEST ACQUISITIONS, L.L.C., a Georgia limited liability company ("WP West"). RECITALS: A. WHI is the owner of the land and improvements, including the existing building currently operated as a self-storage facility, located at 1050 W. Hampden Avenue, City of Englewood, Arapahoe County, Colorado, more particularly described on Exhibit A attached hereto and incorporated herein by this reference (the "1050 Parcel," or "Lot 1"); and B. WHI, as "Seller," and WP West, as "Purchaser," are parties to that certain Purchase and Sale Agreement dated as of August 14, 2018 (as now or hereafter amended or assigned, the "PSA") for the purchase by WP West from WHI of certain property located south of the 1050 Parcel, located at 1070 W. Hampden Avenue, City of Englewood, Arapahoe County, Colorado, more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "1070 Parcel " or "Lot 2"); and C. WP West is acquiring the 1070 Parcel for the purpose of developing a multi- story/multi-unit apartment project with a structured parking garage and other improvements on the 1070 Parcel (the "Apartment Project"); and D. As part of the entitlements required for the Apartment Project, the City of Englewood (the "City") has enacted Ordinance No. _____________, Series of 2019, approving the ALTA ENGLEWOOD STATION PLANNED UNIT DEVELOPMENT (PUD) DISTRICT PLAN (the "Zoning Ordinance"), which was recorded in the County Records of Arapahoe County, Colorado on __________, 2019 at Reception No. ____________; and E. Pursuant to the Zoning Ordinance, a minimum of _____ (____) parking spaces is required for the Apartment Project; and F. As part of the Apartment Project, WP West has agreed and is responsible to provide, construct and maintain not less than ________ (___) parking spaces within Lot 2 for parking for the Apartment Project (the "Lot 2 On-Site Parking"); and G. In furtherance of the parties' agreements under the PSA, WHI has agreed to grant and convey to WP West an easement for the use of not less than ______ (___) additional parking spaces located within Lot 1 for parking for the Apartment Project, in accordance with the terms of this Parking Agreement; and Page 305 of 460 2 H. The parties desire to enter into this Parking Agreement for the purpose of establishing the Parking Easement and otherwise setting forth their understandings and agreements with respect to the matters set forth herein. AGREEMENT: NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, WHI and WP West agree as follows: 1. Incorporation of Recitals. The terms of the above and foregoing Recitals are hereby agreed to be true and correct, a material part of this Parking Agreement, and made a part of this Parking Agreement. 2. Grant of Parking Easement. (a) WHI hereby grants and conveys to WP West an easement (the "Parking Easement") for use of not less than _____ (___) parking spaces located on Lot 1 (the "Additional Parking Spaces"). (b) The Additional Parking Spaces shall include all parking spaces located from time to time on Lot 1, except for and expressly excluding any parking spaces: (i) located within the loading dock, service areas and any other restricted or limited access areas of Lot 1, as now or hereafter configured (the "Excluded Areas"), but currently as designated on the site drawing attached hereto and incorporated herein as Exhibit C (the "Site Drawing"); and (ii) any parking spaces designated by the Lot 1 Owner from time to time as excluded from the Additional Parking Spaces as permitted under this Parking Agreement (the "Excluded Spaces"), so long as at all times not less than _____ (___) parking spaces are included within the Additional Parking Spaces. (c) The Parking Easement shall be a non-exclusive easement for the benefit and use of: (i) WP West and its successors in interest as the Owner of Lot 2 during the period of such person's ownership of Lot 2 (the "Lot 2 Owner"); and (ii) the residents of the Apartment Project during the period of such person's tenancy at the Apartment Project (the "Residents") and the guests and visitors of such Residents while visiting the Apartment Project (the "Visitors") parking of passenger vehicles by the residents ("Residents"). The use of the Additional Parking Spaces by the Lot 2 Owner, Residents and Visitors (collectively the "Permitted Apartment Parkers") shall be non-exclusive and in common with all other permitted users of Lot 1. Parking in the Additional Parking Spaces shall be non-reserved and on a first- come|first-served basis, subject, however, to the conditions and restrictions as described in this Parking Agreement. Use of the Additional Parking Spaces is intended to be for normal and customary in and out parking, and not for permanent or semi-permanent parking or storage of vehicles. Accordingly, it is agreed that no vehicle shall be permitted to remain parked in any of the Additional Parking Spaces for more than fourteen (14) days in duration, and after the 14-day period, such vehicle must be removed and cannot return to any of the Additional Parking Spaces sooner than twenty four (24) hours later. Relocating of a vehicle from one parking space to another within Lot 1 in an effort to circumvent the foregoing restriction shall not be permitted. (d) The Lot 2 Owner shall be permitted to offer valet parking services to the Page 306 of 460 3 Residents and Visitors and park the Permitted Apartment Parkers' vehicles within the Additional Parking Spaces under the Parking Easement; provided, however, that any and all valet parking services utilizing the Additional Parking Spaces that are provided by the Lot 2 Owner shall be limited to customary and normal parking by the Residents and Visitors of the Apartment Project and the Additional Parking Spaces may not be used for valet parking for parties, conferences, open houses or other special events, nor for valet parking services provided or contracted for by any person other than the Lot 2 Owner. If any valet parking services utilizing the Additional Parking Spaces are provided as permitted under this Parking Agreement, each vehicle must be legally parked only within a designated parking space as permitted under and in compliance with the applicable rules and restrictions of this Parking Agreement and in no event shall stacking or "buddy-parking" of vehicles, or staging or parking of vehicles in drive lanes, drive aisles or other areas within Lot 1 outside of the designated Additional Parking Spaces be permitted. If the Lot 2 Owner utilizes a valet parking service as permitted hereunder, the Lot 2 Owner shall cause the valet parking provider to maintain insurance coverage, including coverage for valet parkers or garage keepers, with at least the same minimum coverage required to be carried by the Lot 2 Owner hereunder, and with such additional insurance coverages as may be required by the Lot 1 Owner, with the Lot 1 Owner and the Lot 2 Owner (and any other party designated by the Lot 1 Owner or the Lot 2 Owner at such time) named as an additional insured and certificate holder. No valet parking services shall unreasonably interfere with or impede the flow of vehicular or pedestrian access, ingress and circulation on, over and across the drive lanes, drive aisles or other parts of Lot 1, nor shall it unreasonably interfere with access to or from any of the Restricted Areas or any access drive, curb cut or other ingress or egress between Lot 1 and the public streets and rights-of-way. (e) The Lot 1 Owner shall have the right at any time, and from time to time, in its sole and absolute discretion, to establish restrictions on the use of any or all of the parking spaces located on Lot 1, including the Additional Parking Spaces, so long as the same are consistent with the terms of this Parking Agreement. Such right shall include, without limitation, the right to establish and enforce restrictions: (i) designating any or all of the parking spaces as parking solely for the building and businesses located on Lot 1, such as "Self-Storage parking only" during all times or during specified hours; or (ii) establishing a maximum parking duration of 30-minutes, 1-hour, 2-hours, 4-hours (or such other time limitation as otherwise determined by the Lot 1 Owner); provided, however, that in all events, at least _______ (__) parking spaces are free from such restrictions. (f) The Lot 1 Owner and the Lot 2 Owner (sometimes referred to individually as an "Owner" and collectively as the "Owners"), agree to work cooperatively in order to adopt any other or additional reasonable rules and regulations that are consistent with the provisions of this Parking Agreement as may be mutually acceptable to the parties (the "Shared Parking Rules") with respect to the use of the Additional Parking Spaces under this Parking Easement upon the reasonable request of either Owner. Regardless of whether any separate Shared Parking Rules are established, it is agreed that nothing in this Parking Agreement shall permit: (i) the parking by any of the Permitted Apartment Parkers within Lot 1 of any vehicle that is not currently registered and licensed (with current registration sticker and license plates properly displayed), or that is otherwise not roadworthy, or (ii) permit the use by any of the Permitted Apartment Parkers of the Additional Parking Spaces for storage of any property, or for the performance of any vehicle repair or maintenance work. In the event of any violation of the terms of this Parking Agreement or any Shared Parking Rules subsequently adopted, ticketing and/or towing of vehicles that are improperly parked within Lot 1 shall be permitted and is Page 307 of 460 4 hereby authorized. The Lot 2 Owner shall be responsible to reimburse the Lot 1 Owner for any tow fees, fines or other charges attendant to the ticketing or towing of any vehicles belonging to or parked by any of the Permitted Apartment Parkers; provided, however, that nothing contained in this Agreement shall prevent the Lot 2 Owner from seeking reimbursement of such amounts from the Residents or Visitors. (g) The Lot 1 Owner may install, post and thereafter maintain (and replace, as necessary) reasonable signage indicating the applicable restrictions on parking within Lot 1, including designation of any Excluded Areas or Excluded Spaces. The Lot 1 Owner may all post, or authorize a third party towing company to post, all required signs permitting towing of vehicles from private property in accordance with applicable ordinances. The costs of all of the foregoing signage to be included in the Operating Costs described in Paragraph 7 below. Each Owner agrees to take commercially reasonable steps to cause compliance with all applicable restrictions, including without limitation all restrictions contained in this Parking Agreement or any Shared Parking Rules. (h) The Parking Easement established under this Paragraph 2 shall run with, benefit, and be appurtenant to, Lot 2, and shall run with and burden Lot 1. Each of Lot 1 and Lot 2 may sometimes be generally referred to as a "Lot" or collectively as the "Lots." 3. Grant of Access Easement. (a) WHI hereby grants and conveys to WP West an easement (the "Access Easement") for entry on and use the private drive aisles, drive lanes, and walkways located on Lot 1 as necessary to provide vehicular, pedestrian, bicycle and emergency vehicle access, ingress, egress, and circulation, for use of the Additional Parking Spaces in accordance with the terms of this Parking Agreement. Notwithstanding the foregoing grant, it is understood and agreed that the Access Easement shall expressly exclude, and none of the Permitted Apartment Parkers shall have any rights under this Parking Agreement to access or enter any part of the Excluded Areas, or any part of the buildings or other enclosed structures, or secured or fenced areas now or hereafter located on Lot 1; but it is further provided, however, that to the extent any of the Excluded Areas are required to be temporarily accessed or utilized by fire, police, ambulance, or other law enforcement or emergency services personnel in order to respond to an emergency situation, such use shall not result in a breach or event of default under this Parking Agreement. (b) The Access Easement shall be a non-exclusive easement for the benefit and use of the Permitted Apartment Parkers only during such times and only for the limited and permitted purposes allowed in connection with use of the Additional Parking Spaces under the Parking Easement. (c) The Access Easement shall run with and benefit, and be appurtenant to, Lot 2, and shall run with and burden Lot 1. 4. Operation, Maintenance and Repair. (a) Except for the specific maintenance and repair obligations set forth in this Paragraph 4, it is understood and agreed that the Access Easement and Parking Easement (inclusive of the Additional Parking Spaces) are being made available hereunder in their current "as is - where is" condition, and in no event shall the Lot 1 Owner have any responsibility to install or construct any new improvements, nor to modify or remove any existing improvements. Page 308 of 460 5 (b) No fence or other barrier or access control device which would prevent the passage of pedestrian or vehicular traffic shall be erected or permitted within or across Lot 1 in a manner that unreasonably interferes with the use of the Access Easement or the Parking Easement as permitted under this Parking Agreement. The foregoing shall not, however, prohibit or preclude fencing or other barriers to restrict entry or access to the Excluded Areas, nor shall the foregoing prohibit temporary barricades reasonably necessary or prudent in connection with the performance of any construction, repair or maintenance activities, or otherwise in response to any emergency situation. The Lot 1 Owner expressly reserves and retains the right to install access control devices (including access control which requires a code or token), for entry into or circulation within Lot 1, provided that the Lot 2 Owner is given reasonable advance notice of the installation of such control devices and provided with the access codes or tokens in a manner that facilitates and does not unreasonably impair each Owner's respective rights under this Parking Agreement. (c) Except as expressly limited under this Parking Agreement, the Lot 1 Owner retains all rights to use of Lot 1, including the right to erect, install, or construct curbing, speed bumps, and other forms of traffic controls within Lot 1. (d) The Lot 1 Owner shall remain responsible for all real estate taxes assessed against Lot 1, and the Lot 2 Owner shall remain responsible for all real estate taxes assessed against Lot 2, without adjustment or contribution from the other Owner, and none of the same shall be included as part of the Operating Costs under this Parking Agreement. (e) Subject to the terms set forth in Paragraph 4(f) below, the Lot 1 Owner shall be responsible to maintain and repair the Outside Areas (as hereafter defined) of Lot 1 (collectively the "Maintenance and Repair Obligations") in a reasonably good and clean, serviceable, neat and acceptable condition, in substantial compliance with all applicable laws, codes, rules and regulations, and consistent with the character, quality and nature of the businesses conducted on Lot 1. All Maintenance and Repair Obligations shall initially be performed by or contracted by the Lot 1 Owner to be performed by third party service providers. Each of the Lot 1 Owner and the Lot 2 Owner shall be obligated to pay its Share of the Operating Costs, as set forth in Paragraph 7 below. The Owners may agree, from time to time, to have some or all of the Maintenance and Repair Obligations performed by or contracted by the Lot 2 Owner to be performed by third party service providers, subject nonetheless to the obligation of each Owner to pay its Share of the Operating Costs. The "Outside Areas" shall mean and include all paved parking surfaces, including drive lanes, drive aisles, and parking spaces, walkways, pedestrian sidewalks or paths of travel, curb and gutter, exterior lighting, exterior signage related to the restrictions on use of the Parking Easement as contemplated and permitted under this Parking Agreement, utility charges for exterior lighting, and such other areas that are located outside of any building or other enclosed structure on Lot 1. The Maintenance and Repair Obligations in any event shall include but not be limited to the following: (i) Maintaining the paved, concrete, asphalt or other hard surfaces in a reasonably smooth and evenly covered condition, with sweeping, restriping, patching, filling, or repaving, as reasonably needed. (ii) Removing debris and trash, and treating or removing ice and snow in accordance with commercially reasonable standards applicable to Lot 1; it being acknowledged by the Lot 2 Owner, however, that areas of Lot 1 that are subject to the Access Easement and Parking Easement are uncovered and that accumulation of snow and ice is customary, expected Page 309 of 460 6 and anticipated, and in no event shall the Lot 1 Owner be deemed to guaranty or covenant that surfaces will be free of snow and ice at all times. (f) In the event the Lot 1 Owner does not perform the Maintenance and Repair Obligations as required herein, in addition to such other rights and remedies available under this Parking Agreement, the Lot 2 Owner shall be permitted to deliver to the Lot 1 Owner written notice listing the specifics of the Lot 1 Owner's failure to perform maintenance and repairs, and the Lot 1 Owner will have thirty (30) days following receipt of such written notice to cure such alleged failure, or to provide the Lot 2 Owner with a written explanation that no failure exists; provided, however that if the Lot 1 Owner is not disputing the need to perform the maintenance or repairs, and if the failure cannot reasonable be cured within the thirty (30) day period, the Lot 1 Owner shall have such additional time to cure such failure if it commences such cure within the thirty (30) day period and proceeds diligently to complete such cure. However, if the Lot 1 Owner disputes the Lot 2 Owner's assertion that one or more of the Maintenance and Repair Obligations are not being performed, the Lot 1 Owner shall deliver to the Lot 2 Owner, prior to expiration of said thirty (30) day period, a written notice of explanation of its position that no failure exists, and the parties shall endeavor in good faith to resolve such disagreement in an amicable fashion. If the parties are unable to resolve such disagreement in a mutually acceptable manner within seven (7) days following delivery of the Lot 1 Owner's written notice of explanation, then any party shall be entitled to proceed to enforce its rights and remedies in accordance with all applicable terms of this Parking Agreement. If the Lot 1 Owner has not commenced to cure the failure or provided the written notice of explanation that no failure exists within the thirty (30) day period, the Lot 2 Owner shall provide the Lot 1 Owner with an additional written notice of the alleged failure, and if Lot 1 Owner has not commenced cure within ten (10) days after such additional notice, the Lot 2 Owner may perform the Maintenance and Repair Obligations on behalf of the Lot 2 Owner up to an amount equal to $10,000.00, and charge the Lot 1 Owner for the same, the costs of which shall be paid by the Lot 1 Owner within thirty (30) days from receipt of statements of such charges. Notwithstanding any of the foregoing to the contrary, the Lot 2 Owner shall not be obligated to provide a written notice prior to performing any of the Maintenance and Repair Obligations on behalf of the Lot 1 Owner as necessary in order to respond to any actual or apparent emergency, in order to provide or restore access (including snow removal), in order to avoid any suspension or cancellation of insurance or as otherwise may be required in exigent circumstances. If the Lot 1 Owner fails to pay all reasonable fees, costs and expenses incurred by the Lot 2 Owner directly to the applicable payee (if the work is performed by a third party vendor), of fails to reimburse the Lot 2 Owner for such amounts, within thirty (30) days from receipt of invoice, such amounts shall bear interest at the Interest Rate set forth hereinbelow. For the purposes of performing Maintenance and Repair Obligations, the Lot 2 Owner and its agents, contractors and employees may enter on to the Access Areas and Parking Easement on Lot 1; provided, however, such entry shall be exercised in a manner reasonably designed to minimize and limit access to those areas reasonably necessary to perform the Maintenance and Repair Obligations. In addition to the rights and remedies set forth in this Parking Agreement on account thereof, the Lot 2 Owner shall be entitled to a credit and offset for its unreimbursed costs, interest and expenses provided for herein, against any amounts, including the Lot 2 Share of Operating Costs under Paragraph 7, otherwise due and owing, or thereafter coming due and owing, to the Lot 1 Owner. Notwithstanding the foregoing reimbursement and setoff agreements set forth in this Paragraph 4(f), the fees, costs and expenses incurred in performance of the Maintenance and Repair Obligations shall be part of the Operating Costs under Paragraph 7, regardless of whether the same were performed by the Lot 1 Page 310 of 460 7 Owner or the Lot 2 Owner. (g) In no event shall the Lot 1 Owner be in breach or default of any of its Maintenance and Repair Obligations, and in no event shall the Lot 1 Owner have any liability on account of damages or injuries to persons or property on account of any failure to perform the Maintenance and Repair Obligations, until a reasonable time after receipt of written notice from the Lot 2 Owner of the need for such maintenance or repairs. 5. Condemnation. In the event that any Owner acquires knowledge or receives notice of any threatened or actual condemnation action (generally a "Taking") affecting either Lot, the Owner acquiring such knowledge or receiving such notice shall promptly notify the other Owner and shall provide the other Owner with a copy of any notices or other communication pertaining thereto. The Lot 1 Owner reserves and retains the right to voluntarily convey any interests in and to Lot 1, or the access thereto from any public streets, under threat of a Taking, without the consent of the Lot 2 Owner. In the event any Taking of any part of Lot 1 or access thereto, results in a reduction of the number of parking spaces available on Lot 1 (outside of the Restricted Areas) to less than _______ (___) parking spaces, then and in such event, the Lot 1 Owner shall have the right to modify, or terminate in whole, this Parking Agreement, in order to reduce the number of Additional Parking Spaces subject to the Parking Easement, to such number as may be necessary to satisfy applicable codes and ordinances for the use of Lot 1, without liability to the Lot 2 Owner. Such modification or termination shall be evidenced by an instrument titled "Notice of Modification or Termination of Parking Agreement" referencing this Paragraph 5 as the basis therefor, which shall be executed by the Lot 1 Owner and recorded in the County Records, with a copy of the same delivered to the Lot 2 Owner at least twenty-one (21) days prior to the date of recording in the County Records. If this Parking Agreement is modified or terminated as provided herein, the Lot 2 Owner shall be permitted to maintain its own action against the condemning authority for compensable to damages to the Lot 2 Owner; provided, however, that in all events, the damages and award for the Taking of all of the real property interests associated with Lot 1 shall remain the sole property of the Lot 1 Owner. 6. Insurance. (a) Lot 2 Owner Liability Insurance. The Lot 2 Owner, at its sole cost and expense, shall procure and maintain a policy or policies of comprehensive general liability insurance (with a deductible amount not to exceed $25,000) and with coverage thereunder to be not less than $1,000,000 per occurrence, $2,000,000 aggregate, with attaching umbrella or excess limits of not less than $3,000,000, with the Lot 1 Owner (and any other person designated by the Lot 1 Owner) named as an additional insured and certificate holder thereunder. All such policies to be in the forms and issued by such companies as shall be qualified and authorized to do business in the State of Colorado, with such companies having a “Best’s” financial size rating of not less than Class A:X, insuring the Lot 2 Owner against any loss or liability on account of any occurrence arising out of the entry or access upon Lot 1, or use of the Access Easement and Additional Parking Areas by the Lot 2 Owner, its agents, employees, licensees, contractors or invitees, or the Residents and Visitors, resulting in bodily injury to or the death of one or more persons and including consequential damages arising therefrom, and property damage involving injury to or destruction of tangible property in an amount not less than $1,000,000. Each such policy shall contain an affirmative covenant of the insurer thereunder to give written notice to the Certificate Holder of any cancellation, non- renewal, or amendment of such policy at least thirty (30) days prior thereto. Page 311 of 460 8 (b) General. The Lot 2 Owner shall provide the Lot 1 Owner with a certificate of insurance confirming such insurance no later than the Effective Date and thereafter no later than five (5) business days prior to the expiration date of any policy, and otherwise upon request by the other from time to time. In the event the Lot 2 Owner fails to maintain the insurance coverages required under this Parking Agreement, or fails to provide the evidence of insurance within five (5) business days from receipt of written request, the Lot 1 Owner may, but is not obligated to, and without further demand or notice, and without releasing the Lot 2 Owner from any obligation contained in this Parking Agreement, obtain such insurance at the expense of the Lot 2 Owner. In such event the Lot 2 Owner, in addition to all other rights and remedies available under this Parking Agreement and applicable law, will pay to the Lot 1 Owner all costs and expenses incurred in obtaining such insurance, within thirty (30) days from receipt of written demand. (c) Damage. The Lot 2 Owner shall be responsible for the fees, costs and expenses of all maintenance, repair or replacement of all portions of the land and improvements located on Lot 1 to the extent caused by the misuse, accident, negligence, or willful misconduct of any of the Permitted Apartment Parkers, and shall reimburse the Lot 1 Owner for the same within thirty (30) days from receipt of invoice. 7. Operating Costs. The Lot 1 Owner and Lot 2 Owner shall each pay its Share (defined below) of the total Operating Costs incurred by the Lot 1 Owner to operate, maintain and repair the Outside Areas of Lot 1 as provided herein. (a) The term "Operating Costs" shall mean the total actual and reasonable costs and expenses incurred in performing the Maintenance and Repair Obligations, including operating, protecting, equipping, inspecting, repairing and maintaining the Outdoor Areas, and including, without limitation, the cost or expense of, or incurred in connection with, or reasonably attributable to cleaning, line painting, resurfacing, traffic directional signage, sanitary control, removal or treatment of ice, snow, trash and other refuse, policing, utilities including lighting, plus an amount not to exceed 10% of the total of all of the foregoing costs and expenses as a stipulated charge for reimbursement towards the administrative or management costs to be incurred by the Lot 1 Owner in connection therewith. (b) The Operating Costs shall be allocated to the Lot 1 Owner and the Lot 2 Owner on a 50|50 basis, with each Owner responsible for fifty percent (50%) of the Operating Costs (a "Share"). Beginning with the date that the Lot 2 Owner first commences use of the Access Easement and Parking Easement under this Parking Agreement ("Use Commencement Date"), the Lot 2 Owner shall pay its Share of the Operating Costs to the Lot 1 Owner in periodic installments (which may be monthly, quarterly, semi-annually or annually, as the Lot 1 Owner may elect), in such amount reasonably estimated by the Lot 1 Owner in accordance with an annual budget (the "Operating Costs Budget") and subject to adjustment and reconciliation annually as provided herein. (i) The Lot 1 Owner shall provide an Operating Costs Budget to the Lot 2 Owner no later than seventy five (75) days following the Use Commencement Date, for the partial calendar year expiring on December 31st thereafter, and thereafter on or before October 1 of each calendar year for the next succeeding calendar year, setting forth the estimated Operating Costs for the budget period and the estimated Lot 1 Share of Operating Costs for the new calendar year. Within ninety (90) days following the end of each calendar year, the Lot 1 Owner shall reconcile the estimated payments made by the Lot 2 Owner against Page 312 of 460 9 the actual Operating Costs for the calendar year just completed, (the "Annual Reconciliation") and shall provide a reasonably detailed reconciliation of the actual Operating Costs, together with a statement of any excess amounts payable, or overpayment made by the Lot 2 Owner, as the case may be if the estimated payments made were more or less than the actual Lot 2 Owner's Share of Operating Costs. Any excess amount due from the Lot 2 Owner shall be paid within thirty (30) days from receipt of the Annual Reconciliation, and any overpayment to be refunded to the Lot 2 Owner, as reflected in the Annual Reconciliation, shall be credited by the Lot 1 Owner against the next installments of Operating Costs then coming due. (ii) The Lot 2 Owner shall have the right to review and to audit the actual Operating Costs at any reasonable time, at a location within the metropolitan Denver, Colorado area designated by the Lot 1 Owner, upon reasonable advance notice to the Lot 1 Owner; provided that notice of election to audit is given by the Lot 2 Owner within 90 days from receipt of the Annual Reconciliation for any given calendar year. If the results of such audit indicate that a further adjustment of the Operating Costs is appropriate, the Lot 2 Owner shall deliver the results of such review or audit to the Lot 1 Owner, and the parties shall endeavor in good faith to resolve such discrepancies in an amicable fashion within thirty (30) days thereafter. Upon resolution of any discrepancies, through good faith negotiations or otherwise, an appropriate adjustment between the parties shall occur. 8. Control and Future Development or Redevelopment of 1050 Parcel or 1070 Parcel. Nothing contained in this Parking Agreement shall limit, impair, restrict or apply to the rights of the Lot 1 Owner or the Lot 2 Owner to operate, improve, alter, modify, construct, demolish, reconstruct, change, or eliminate any part of the improvements located on such Owner's Lot, and the other Owner shall have no rights to challenge or protest the same, except as expressly set forth in this Parking Agreement. With regard to the foregoing, it is expressly understood and agreed as follows: (a) 1050 Parcel. The Lot 1 Owner retains the right, subject to all of the terms, covenants, limitations and restrictions set forth in this Parking Agreement, and so long as the same does not deprive or materially and adversely impair the easement rights granted to the Lot 2 Owner under this Parking Agreement, to operate, improve, alter, modify, construct, demolish, reconstruct, change, or eliminate any part of the improvements located on the 1050 Parcel, and to change or add to the permitted uses conducted on Lot 1. The Lot 1 Owner shall use commercially reasonable efforts to minimize any interruptions with the use of the Access Easement and Parking Easement, except for periods of temporary closure as may be necessary in connection with any such construction, reconstruction, demolition, redevelopment, and other work permitted or required under this Parking Agreement, including the performance of maintenance and repairs. The Lot 1 Owner will endeavor to provide the Lot 2 Owner with advance written notice (except in the event of an emergency) of any scheduled closures or interruptions. (b) 1070 Parcel. The Lot 2 Owner is permitted to make alterations and additions to the improvements now or hereafter comprising the 1070 Parcel, which may include, without limitation, the demolition and reconstruction of new improvements thereon, in whole or in part; provided, in no event shall the Lot 2 Owner be permitted to cause Lot 2 to be in violation of the Lot 2 On-Site Parking requirement, without the prior written consent of the Lot 1 Owner. Page 313 of 460 10 (c) If any alterations, demolition, development or redevelopment activities for the 1070 Parcel, or any change of use of the 1070 Parcel, or any changes to the zoning requirements for Lot 2, result in a reduction of the minimum number of parking spaces required for the 1070 Parcel, such that the minimum number of parking spaces required for the 1070 Parcel is equal or less than the Lot 2 On-Site Parking requirement, and the Parking Easement for use of ______ (___) Additional Parking Spaces is no longer required, the Lot 1 Owner shall have the right to modify or terminate this Parking Agreement, as the case may be, in order to reduce the number of Additional Parking Spaces subject to the Parking Easement to such lesser number that are required to satisfy the zoning requirements for the Apartment Project, without penalty or payment to the Lot 2 Owner. Such modification or termination shall be evidenced by an instrument titled "Notice of Modification or Termination of Parking Agreement" referencing this Paragraph 8 as the basis therefor, which shall be executed by the Lot 1 Owner and recorded in the County Records, with a copy of the same delivered to the Lot 2 Owner at least twenty-one (21) days prior to the date of recording in the County Records. 9. Assignment; Collateral Assignment. (a) Neither party shall assign this Parking Agreement other than, (i) as to the Lot 2 Owner, in connection with a transfer of ownership of the entirety of the fee interest in Lot 2 or pursuant to a collateral assignment for the benefit of the holder of any first mortgage or first deed of trust now or hereafter encumbering Lot 2 ("Lot 2 Lender"), and in the case of a collateral assignment for the benefit of a Lot 2 Lender, the Lot 1 Owner agrees that it shall perform is obligations under this Parking Agreement for the benefit of such Lot 2 Lender, or (ii) as to the Lot 1 Owner, other than in connection with a transfer of ownership of the entirety of the fee interest in Lot 1 or pursuant to a collateral assignment for the benefit of the holder of a first mortgage or first deed of trust now or hereafter encumbering Lot 1 ("Lot 1 Lender"), and in the case of a collateral assignment for the benefit of a Lot 1 Lender, the Lot 2 Owner agrees that it shall perform its obligations under this Parking Agreement for the benefit of such Lot 1 Lender. (b) If the Lot 1 Lender gives written notice to the Lot 2 Owner that the Lot 1 Lender has exercised its rights under the separate collateral assignment of this Parking Agreement between the Lot 1 Owner and the Lot 1 Lender, then the Lot 2 Owner will thereafter perform its obligations for and comply with appropriate notices and instructions given solely by the Lot 1 Lender and not by the Lot 1 Owner, and the Lot 1 Lender will be entitled to the benefit of and to exercise all of the rights and remedies of the Lot 1 Owner under this Parking Agreement (but will not be deemed to have assumed any obligations of the Lot 1 Owner hereunder unless and until it acquires fee title to Lot 1, and then only as to the obligations to be performed from and after such date and only continuing through the period of its fee ownership of Lot 1). (c) If the Lot 2 Lender gives written notice to the Lot 1 Owner that the Lot 2 Lender has exercised its rights under the separate collateral assignment of this Parking Agreement between the Lot 2 Owner and the Lot 2 Lender, then the Lot 1 Owner will thereafter perform its obligations for and comply with appropriate notices and instructions given solely by the Lot 2 Lender and not by the Lot 2 Owner, and the Lot 2 Lender will be entitled to the benefit of and to exercise all of the rights and remedies of the Lot 2 Owner under this Parking Agreement (but will not be deemed to have assumed any obligations of the Lot 2 Owner hereunder unless and until it acquires fee title to Lot 2, and then only as to the obligations to be performed from and after such date and only continuing through the period of its fee ownership Page 314 of 460 11 of Lot 2). (d) Except as permitted above with respect to a collateral assignment of this Parking Agreement to a Lot 2 Lender, the Lot 2 Owner will not, and shall have no right or authority to, assign, sell, pledge, transfer, mortgage or otherwise encumber or convey, in any manner, its rights in, to and under this Parking Agreement; provided, however, that in the event of the transfer of fee title to Lot 2, the Lot 2 Owner shall: (i) assign all of its right, title and interest in, to and under this Parking Agreement to the successor owner of Lot 2 and cause the successor owner to assume in writing all of the Lot 2 Owner's obligations under this Parking Agreement that arise from and after such sale; and (ii) cause the foregoing assignment and assumption agreement to be recorded in the County Records. Failure of any successor owner to execute such assumption agreement shall not waive or otherwise excuse performance, and to the extent any person acquires fee ownership of Lot 2 as a result of a foreclosure, a voluntary or involuntary transfer or otherwise by operation of law, the successor owner shall nonetheless be deemed to have assumed and agreed to perform and be subject to all of the obligations and responsibilities of the Lot 2 Owner under this Parking Agreement. Each such successor owner by acquiring such title agrees to execute a written instrument confirming the foregoing within ten (10) business days following written request, which instrument shall be recorded in the County Records. 10. Indemnification and Hold Harmless. (a) The Lot 2 Owner agrees that it will indemnify, defend and hold harmless the Lot 1 Owner, its property management agent, the owner/operator of the businesses conducted on Lot 1, and their respective officers, directors, shareholders, members, managers, and partners, and their respective employees, agents, heirs, successors and assigns (each an "Indemnitee" and collectively the "Indemnitees"), harmless from and against any and all actions, debts, claims, counterclaims, demands, liabilities, damages, causes of action, choses in action, obligations, judgments, decrees, duties, agreements, debts, interest, attorneys’ fees, penalties, fines, costs, and expenses (including attorneys' fees) of every kind and nature whatsoever, matters, issues and controversies of any kind, nature or description whatsoever, in law or in equity, foreseen or unforeseen (collectively “Claims”) arising out of or related to, directly or indirectly, the entry on and use of the Access Easement and Parking Easement by the Lot 2 Owner, its employees, agents, contractors, Residents or Guests, except as excluded under Paragraph 10(b) below. (b) The foregoing indemnification and hold harmless covenants set forth in Paragraph 10(a) shall not require the Lot 2 Owner to indemnify or hold harmless any Indemnitee to the extent such Claims are directly attributable to the gross negligence or willful misconduct of said Indemnitee, but the foregoing exclusion shall not apply to any other Indemnitees otherwise entitled to the benefits of said Paragraph 10(a). 11. General Matters. (a) No Rights for General Public. The easements and rights created, reserved, granted and established by this Parking Agreement, do not, are not intended to, and shall not be construed to create any easements, rights or privileges in and for the benefit of the general public. (b) Notices. Any notices required or permitted to be given hereunder shall be addressed to each party as set forth below and shall be given by: (i) hand delivery, courier or Page 315 of 460 12 overnight delivery, (ii) certified mail, return receipt requested, postage pre-paid, or (iii) electronic mail. Any party may change its address for notices upon reasonable advance notice to the other. Any notice issued to or by a party's attorney shall constitute notice issued to or by said party. If to Lot 1 Owner: ___________________ ___________________ ___________________ Attn: _______________ Email: _____________ If to Lot 2 Owner: ___________________ ___________________ Attn: _______________ Email: _____________ (c) Counterparts; Recording. This Parking Agreement may be executed in several counterparts or with counterpart signature pages attached hereto, and when so executed shall constitute a single instrument. This Parking Agreement shall be recorded in the County Records. (d) Disputes, Governing Law, Jurisdiction and Venue. This Parking Agreement shall be governed and construed in accordance with the internal substantive laws of the State of Colorado, without regard to its conflicts or choice of law principles. The parties agree that jurisdiction and venue for any court action concerning this Parking Agreement shall be exclusively within the District Court of Arapahoe County or Denver County, Colorado. The Parties have agreed to this provision willingly and each hereby irrevocably waives, to the fullest extent permitted by law, any claim or objection they may now or hereafter have with respect to lack of jurisdiction or improper venue. (e) Separability. If any provision of this Parking Agreement shall be held invalid, illegal, or unenforceable in whole or in part, the validity, legality, and enforceability of the remaining provisions of this Parking Agreement shall not be impaired thereby. (f) Successors and Assigns. The terms and conditions of this Parking Agreement bind and inure to the benefit of the parties and their respective successors and assigns, although the foregoing shall not permit an assignment or transfer of this Parking Agreement in violation of the terms hereof. (g) Third Party Consents. Each Owner represents and warrants to the other Owner that no consent or approval of any other person is required in order for each of said Owners to enter into this Parking Agreement and to grant and convey the easements and rights provided for herein, with the sole exception of the Lot 1 Lender, whose consent is evidenced Page 316 of 460 13 below. (h) Estoppel Certificate. Each party covenants that within ten (10) business days following written request from time to time from another party, it will issue to such other party (or such party’s designee) an Estoppel Certificate stating whether the party to whom the request has been directed knows of any default under this Parking Agreement (and if there are any defaults specifying the nature thereof) whether to its knowledge this Parking Agreement has been assigned, modified or amended in any way (and if it has, stating the nature thereof), whether to such party's knowledge this Parking Agreement, as of such date, is in full force and effect and such other matters pertaining hereto as may be reasonably requested. Failure of any party to execute and deliver an Estoppel Certificate in the time and manner required herein shall, in addition to any other rights or remedies attendant thereto, constitute an admission that the matters set forth in the proposed form of Estoppel Certificate are true and correct. (i) Binding Effect. This Parking Agreement and all easements, covenants, conditions, restrictions and other provisions hereof, shall run with and be appurtenant to the lands affected and all such terms inure to the benefit of and be binding upon the parties and respective successors and assigns who become Owner of a Lot. (j) Singular and Plural. Whenever required by the context of this Parking Agreement, the singular shall include the plural and vice versa, and the masculine shall include the feminine and neuter genders and vice versa. (k) Negation of Partnership. None of the terms or provisions of this Parking Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. This Parking Agreement is not intended, nor shall be construed, to create any third party beneficiary rights to any person who is not a party hereto, unless expressly otherwise provided. (l) Not a Public Dedication. Nothing herein contained shall it be deemed to be a gift or dedication of any portion of Lot 1 or Lot 2 to the general public or for any general public use whatsoever; it being the intention and understanding of the parties hereto that this agreement shall be strictly limited to, and for the purposes herein expressed. (m) Excusable Delays. Whenever performance is required of any party hereunder, that party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however, that if completion of performance shall be delayed at any time by reason of acts of nature, war, civil commotion, riots, strikes, picketing or other labor disputes, unavailability of labor or materials, acts or governmental agencies, including delays in issuance of required permits, damage to work in progress by reason of fire or other casualty, or other causes beyond the reasonable control of a party, then the time for performance as herein specified shall be appropriately extended by the amount of the delay so caused. Financial inability or limitations of a party shall not be regarded as outside of the control of such party. (n) Captions. The captions proceeding the text of any paragraph hereof are included only for convenience of reference and shall be disregarded in the construction and interpretation of this Parking Agreement. (o) Non-Merger. In the event any easements, covenants, restrictions or other Page 317 of 460 14 provisions under this Parking Agreement which burden any portion of the properties subject hereto ever inure to the benefit of a party who also owns the title to the burdened property, such commonality of interest shall not result in or be construed as a merger of the pertinent provisions of this Parking Agreement with the title to the burdened property; all easements, rights, benefits, covenants, conditions, restrictions and provisions under this Parking Agreement shall be and remain in full force and effect until such time, if ever, as the same are terminated or modified in accordance with the provisions of this Parking Agreement. (p) Termination or Amendment; Suspension of Rights. (i) Whenever the Lot 1 Owner is given the right under this Parking Agreement to modify or terminate this Parking Agreement by execution and recording of a "Notice of Modification or Termination of Parking Agreement," the Lot 1 Owner shall be permitted to execute and record the same in the County Records after expiration of the twenty- one (21) day notice period, without the requirement for further consent or joinder by the Lot 2 Owner or the Lot 2 Lender. In all other events, except as otherwise expressly provided in this Parking Agreement, this Parking Agreement may only be terminated or amended by written agreement executed by the parties and recorded in the County Records. In the event that there shall exist any first mortgagee encumbering the Lot of any Owner whose signature is necessary for the termination or amendment hereof, then no such termination or amendment shall be effective without the signature of the first mortgagee. (ii) In the event that the Lot 2 Owner fails to perform in any material respect any of its covenants and agreements under this Parking Agreement, and such failure is not cured within ten (10) business days from receipt of written notice, the same shall constitute an event of default; provided, however, if more than 10 business days is reasonably required to complete such cure, the Lot 2 Owner shall not be in default if: [A] within such 10 business day period it commences to cure such failure, and delivers written notice to the Lot 1 Owner of the Lot 2 Owner's agreement to commence and diligently pursue such cure to completion; and [B] the Lot 2 Owner thereafter diligently, without interruption and in good faith uses commercially reasonably efforts to complete such cure, with completion occurring in all events within thirty (30) days. Notwithstanding the foregoing notice and cure period, in the event the nature of the failure has caused or is likely to cause material harm, damage or injury to persons or property, constitutes a violation of law, or results in the termination or non-renewal of any required insurance coverage required to be maintained under this Parking Agreement, then the Lot 2 Owner shall be required to immediately cure the same and shall not be entitled to any extended cure period. (iii) In additional to all other rights or remedies available to the Lot 1 Owner with respect to any breach, violation or default under this Parking Agreement, and notwithstanding anything in this Parking Agreement to the contrary, until such time as the Lot 2 Owner has fully performed all obligations, fully cured all events of nonperformance, and all damages, fees, costs and expenses to which the Lot 1 Owner is entitled under this Parking Agreement are paid in full, none of the Permitted Apartment Parkers shall be permitted to use the Additional Parking Spaces and all such rights of use or access under the Access Easement and Parking Easement may be suspended at the sole option of the Lot 1 Owner. (q) Waivers. No delay or omission by a party in exercising any right or power accruing upon default, noncompliance or failure of performance of any of the provisions of this Parking Agreement shall constitute or give rise to a waiver of such event or any such Page 318 of 460 15 subsequent or similar event. No express waiver of any default shall effect any other default or pertain to any other period of time, except as specified in such express waiver. The consent or approval by any party to or of any acts or requests by any other party shall not be deemed to waive or render unnecessary the consent or approval to any subsequent acts or requests. (r) Default and Remedies. (i) In the event any party shall fail to comply in any material respect with any of the covenants, terms, and provisions of this Parking Agreement, the other party shall have full power and authority to enforce compliance with this Parking Agreement in any manner provided for by law or in equity, including but not limited to: (1) an action for damages, and (2) an action for injunctive relief, whether to enjoin any violation or to specifically enforce the provisions of this Parking Agreement. The prevailing party in any action undertaken to enforce any provision of this Parking Agreement shall be entitled to recover from the other party its reasonable attorneys' fees and costs. This Parking Agreement may be enforced against any person violating or attempting or threatening to violate any provision of the same which enforcement shall occur by self-help or by legal proceedings for damages, to restrain or enjoin any such violation or to compel specific performance of any obligation hereunder. (ii) This Parking Agreement may also be enforced against any person violating or attempting or threatening to violate any provision of the same, which enforcement may occur by self-help or by legal proceedings, to restrain or enjoin any such violation or to compel specific performance of any provision hereunder, with or without a claim for monetary damages. (iii) If any Owner ("Defaulting Owner") fails to comply or to cause those persons for whom Defaulting Owner is responsible (i.e., the Residents and Guests in the case of the Lot 2 Owner) to comply with any provision contained herein, then the other Owner ("Non- Defaulting Owner"), at its option, upon fifteen (15) days written notice to the Defaulting Owner for non-payment of any sums payable hereunder, or upon thirty (30) days prior written notice to the Defaulting Owner for non-performance of any other term, covenant or condition hereof (unless with respect to any such breach the nature of which cannot reasonably be cured within such 30-day period, the Defaulting Owner commences such cure within such 30-day period and thereafter diligently prosecutes such cure to completion), may (but shall not be so obligated) proceed to cure the default by the payment of money, performance of work, furnishing of services or other action for the account of and at the expense of the Defaulting Owner, and be reimbursed by such Defaulting Owner upon demand for the reasonable costs thereof together with interest at the rate of eighteen percent (18%) per annum ("Interest Rate"). Notwithstanding the foregoing, in the event that a shorter notice or cure period is established under any other provisions of this Parking Agreement in order to declare a default or exercise any right or remedy (including self-help), then as to such provision, the more specific shorter notice or cure period shall apply. (iv) Within ten (10) days after demand therefor, the Defaulting Owner shall reimburse the Non-Defaulting Owner for any sums reasonably expended by the Non- Defaulting Owner to cure the default, together with interest at the Interest Rate. (v) All amounts payable under this Parking Agreement by one Owner to another Owner, together with interest, costs, attorneys' fees and all other amounts as provided hereunder, and including any Claims for which one Owner is required to indemnify and hold harmless the other Owner, shall be a charge on the property of the obligated Owner and this Parking Agreement shall be a continuing lien upon the property and improvements owned by the Page 319 of 460 16 obligated Owner. Without limitation of the foregoing, the lien rights created hereby shall include all claims for reimbursement and all claims pursuant to any of the indemnification and hold harmless provisions set forth in this Parking Agreement. (vi) The lien established hereunder may be enforced by judicial foreclosure in like manner as a mortgage on real property in the State of Colorado. In any foreclosure, the non-prevailing party shall be required to pay the reasonable costs, expenses, attorneys' fees and expert witness fees of the prevailing party. The Owner commencing the foreclosure shall have the right to bid on and purchase the property being foreclosed and, for purposes of such bid, shall have a credit equal to the amounts secured from time to time by the lien. (vii) The Non-Defaulting Owner may prepare a written notice, evidencing such lien, (the "Lien Notice") setting forth: [A] the amount owing and a brief statement of the nature thereof; [B] the legal description, address or assessor's parcel number(s) of the property to be encumbered thereby; [C] the name of the Owner, or reputed Owner, of the property to be encumbered thereby; and [D] a reference to this Parking Agreement as the source and authority for such lien, which Lien Notice may be recorded in the County Records. (viii) The lien created by this Paragraph 11(r) shall be subject and subordinate to [A] liens for taxes and other public charges which by applicable law are expressly made superior, [B] all liens recorded in the County Records prior to the date of recordation of the Lien Notice, and [C] the lien of a first mortgage or deed of trust now or hereafter recorded against the property. Notwithstanding the foregoing to the contrary, this Parking Agreement shall not be foreclosed out or extinguished by the foreclosure of any lien (including the lien of a first mortgage or first deed of trust now or hereafter recorded against Lot 1 or Lot 2). (ix) Notwithstanding any other provision in this Parking Agreement to the contrary, in no event shall any party be liable to the other party for any consequential, indirect, special, or punitive damages for any event of default under this Parking Agreement; provided, however, that the foregoing limitations shall not apply to the indemnification and hold harmless obligations with respect to Claims under Paragraph 10. (s) Mechanic's Liens. No Owner shall permit any mechanic's or construction liens to be placed upon or against any portion of the other Owner's land or improvements as a consequence of any act of the constructing Owner and, in the event that any such mechanic's or construction lien shall so attach, the constructing Owner shall immediately pay and remove the same. If the constructing Owner fails to pay and remove any lien that attaches to the other Owner's property (by payment or by transferring the same to other security by the posting of a bond or other collateral and obtaining a court order, as may be permitted under applicable law) within twenty-one (21) days from receipt of written notice of the lien, the other Owner at its election may pay, negotiate, compromise and satisfy the same, or cause the same to be released and transferred to other security as may be available under applicable law, in which case the constructing Owner shall reimburse the other Owner, within ten (10) business days from receipt of written demand, any and all sums so paid, including Interest, and all reasonable costs and expenses, including attorneys' fees incurred by such party in connection therewith. (t) Consent. Each Owner agrees that whenever its consent or approval is required or requested under this Parking Agreement, such consent or approval will not be Page 320 of 460 17 unreasonably withheld, conditioned or delayed, unless any other provision of this Parking Agreement grants such Owner the right to grant, withhold or condition its approval or consent in its sole or exclusive discretion (in which case the Owner's exercise of such right shall not be subject to challenge based on reasonableness). IN WITNESS WHEREOF, the parties have caused this Parking Agreement to be executed and effective as of the Effective Date set forth above. [end of text -- signature pages to follow] Page 321 of 460 18 WP West: WP WEST ACQUISITIONS, L.L.C., a Georgia limited liability company By: ___________________________ Name: _________________________ Title: ___________________________ State of Colorado ) ) ss. County of ____________ ) The foregoing instrument was acknowledged before me this ______ day of ________________, 20__, by ____________________, as ____________________ of __________________. Witness my hand and seal. ____________________________ Notary Public My Commission Expires: Page 322 of 460 19 WHI/Lot 1 Owner: WEST HAMPDEN INVESTORS, LLC a Colorado limited liability company By: Ogilvie Properties, Inc., its Managing Member By: ______________________________ Stuart Ogilvie, President State of Colorado ) ) ss. City and County of Denver ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2019, by Stuart Ogilvie, as President of Ogilvie Properties, Inc., the Manager of Key 3300 Investment, LLC, a Colorado limited liability company. Witness my hand and seal. ____________________________ Notary Public My Commission Expires: Page 323 of 460 20 JOINDER OF LOT 1 LENDER By its execution below, the Lender identified below, as the record holder of a mortgage lien recorded on ________, 20__ at Reception No. __________ of the County Records, which is prior in interest to this Parking Agreement, consents to this Parking Agreement and agrees that if the undersigned (or its successors or assigns) forecloses on all or any portion of Lot 1 or takes a deed in lieu thereof, or otherwise acquires all or any portion of Lot 1, the undersigned (and its successors and assigns) will take ownership subject to the terms of this Parking Agreement. Lender: By: ________________________ Name: _____________________ Title: ______________________ State of Colorado ) ) ss. City and County of Denver ) The foregoing instrument was acknowledged before me this ______ day of ________________, 2019, by ____________________, as ____________________ of _________________________. Witness my hand and seal. ____________________________ Notary Public My Commission Expires: Page 324 of 460 A-1 EXHIBIT A LEGAL DESCRIPTION OF 1050 PARCEL - LOT 1 Lot 1, Block 1, Hand Jam Subdivision, County of Arapahoe, State of Colorado Page 325 of 460 B-1 EXHIBIT B LEGAL DESCRIPTION OF 1070 PARCEL - LOT 2 Lot 2, Block 1, Hand Jam Subdivision, County of Arapahoe, State of Colorado Page 326 of 460 C-1 EXHIBIT C DRAWING Page 327 of 460 Page 328 of 460 Page 329 of 460 Page 330 of 460 Page 331 of 460 Minicipal Fees: Base Fee 1 2,620.00$ 2,620.00$ First 12 12 580.00$ 6,960.00$ Next 22 22 450.00$ 9,900.00$ Above 34 282 275.00$ 77,550.00$ 316 97,030.00$ Base Fee 1 1,565.00$ 1,565.00$ First 12 12 345.00$ 4,140.00$ Next 22 22 275.00$ 6,050.00$ Above 34 282 160.00$ 45,120.00$ 316 56,875.00$ Units Denisty Factor (per Unit) Acerage Required (per 1,000) Parks/Open Space Dedication Requirement (Acres) Value of Property (per Acre) Fee‐In‐Leiu 316 1.8 10.7 6.09 20,000$ 121,723.20$ ALTA Englewood Station Municipal & City Fee Calculations Water Connection Fee The water fees for multi‐family development are calculated by summing a base fee of $2,620 plus $580 per dwelling unit for the first twelve (12) dwelling units, $450 per dwelling unit for the next twenty‐two (22) dwelling units and $275 per dwelling unit above thirty‐four (34) dwelling units. For 316 dwelling units, the water fees would total $97,030.00, or $307.06 per dwelling unit. Sewer Connection Fee The sewer fees for multi‐family development are calculated by summing a base fee of $1,565 plus $345 per dwelling unit for the first twelve (12) dwelling units, $275 per dwelling unit for the next twenty‐two (22) dwelling units and $160 per dwelling unit above thirty‐four (34) dwelling units. Assuming 316 dwelling units, the sewer fees would total $56,875.00, or $179.98 per dwelling unit. Parks/Open Space Fee‐In‐Lieu The City assess a Parks/Open Space fee‐in‐lieu dedication requirement based on the cash equivalent of land. The land dedication requirement, according to City code 16‐8‐5 (C)(3) is calculated by taking the number of units (316) multiplied by a population density factor of 1.8 persons per multi‐family dwelling times 10.7‐acres per 1,000 population projection. Instructed by Harold Stitt (City of Englewood) to use $20,000 per acre. Parks/Open Space Fee (per City code 16‐8‐5 (C)(3)) Water Fees Sewer Fees Page 332 of 460 Base Fee 1 $5,608.75 $5,609 $1MM + 90,640 $3.15 $285,516 $291,125 Permit Fee $291,125 65% $189,231 Valuation $91,640,000 Less 50% $45,820,000 3.50% $1,603,700 Valuation $91,640,000 Less 50% $45,820,000 0.25% $114,550 Arapahoe County Open Space Tax The Building Permit Fee Schedule addresses that Arapahoe County collects an open space tax. According to the City building permit fee schedule use this tax is calculated at 0.25% of 50% of the project valuation. Arapahoe County Open Space Tax Project Valuation: $91,640,000 upon completion of construction (Ryan Tax Consultants) Building Permit Fees Building Permit Fees in the City are based upon total valuation of the project. Currently, a building permit fee of $5,608.75 for the first $1,000,000, plus $3.15 for each additional $1,000 or fraction thereof will be required. The building permit review fees associated with the building permit are 65% of the building permit fee. Building Permit Fee Building Permit Review Fee Use Tax The Building Permit Fee Schedule addresses that the City of Englewood collects use tax in addition to the building permit and plan review fees. According to the City building permit fee schedule use tax is calculated at 3.5% of 50% of the project valuation. Use Tax City and County Fees: Page 333 of 460 Page 334 of 460 July 11, 2018 Ogilvie Properties, Inc 2601 Blake Street Suite 100 Denver, CO 80205 Re: Will Serve Letter – 1050 & 1090 Hampden Avenue, Englewood, CO 80110 Dear Cole Haberer: UC Synergetic, a Design Contractor for Xcel Energy, has evaluated your request concerning the availability of Gas and Electric service. In accordance with Xcel Energy tariffs filed with and approved by the Colorado Public Utilities Commission, Gas and Electric facilities can be made available to serve your project at 1050 & 1090 Hampden Avenue, Englewood, CO 80110. Service will be provided after engineering is completed, payment is received, any easements are signed and construction can be completed. We will have better information available after design has been completed as to a scheduled in-service date. If you have any questions and/or concerns, please do not hesitate to contact me at 303-628-2272. Sincerely, Adrienne Grady Client Services Specialist UC Synergetic, LLC 555 Zang St., Suite 250 Lakewood, CO 80228 TEL: 303-628-2272 ucsynergetic@xcelenergy.com UC Synergetic, on behalf of Xcel Energy 555 Zang Street, Suite 250 ▪ Lakewood, CO 80228 P: 303-592-2710 ▪ F: 303-592-2711 Page 335 of 460 February 19, 2019 Mr. Tim McEntee Wood Partners, LLC 4600 S. Syracuse Street, Suite 210 Denver, CO 80237 Re: ALTA Englewood Station Infrastructure Impact Analysis (Water/Sanitary Sewer/Storm) Dear Mr. McEntee: As requested Harris Kocher Smith (“HKS”) has completed a site-specific infrastructure impact analysis for the Alta Englewood Station (“Site”) development located in Englewood, Colorado. This analysis includes review of existing reports/information and communications with City of Englewood engineering staff, to include: water, sanitary sewer and storm sewer. Water The Site is within the water service jurisdiction of the City of Englewood. According to available utility maps/survey information and conversations with City of Englewood engineering staff a water main enters the Site in the southwest corner, runs north generally along the western property line of the Site, turn east at the northwest corner of the Site and runs east along the northern property line of the Site and connects to an existing main within S. Jason Street. A water main is also identified within S. Jason Street adjacent to the Site. There are also four (4) fire hydrants that exist directly adjacent to the Site, generally located near the four (4) corners of the Site. Based on correspondence with City of Englewood engineering staff it was indicated that adequate water capacity exists to serve the proposed development without off-site upgrades to the existing public infrastructure. Therefore, the proposed development does not negatively impact the existing infrastructure surrounding the proposed development. Sanitary Sewer The Site is within the sanitary sewer service jurisdiction of the City of Englewood. According to available utility maps/surveying information and conversations with City of Englewood engineering staff a sanitary service main exists within the Site in an easement. The sanitary service main, which flows to the north and connects to a sanitary main at the intersection of S. Jason Street and S. Inca Street, terminates at a manhole near mid-Site on the easterly property boundary of the Site. Additionally, there is a 15-in/16-in sanitary main located within Kenyon south of the Site. Based on correspondence with City of Englewood engineering staff in order to provide sanitary sewer service to the proposed development the Site will be required to connect to the existing sanitary main within Kenyon at the intersection of S. Windermere Street. This connection is proposed to be made by Page 336 of 460 the developer by extending a main through the property to the south of the Site from the southwest corner of the Site to the above mentioned intersection. If the connection is made as proposed adequate sewer capacity exists to serve the proposed development without off-site upgrades to the existing public infrastructure. Therefore, the proposed development does not negatively impact the existing infrastructure surrounding the proposed development. Storm Sewer Storm sewer exists within and adjacent to the Site and is considered a private improvements. The Site is currently a parking lot within numerous storm sewer inlets spotted throughout the parking lot in low points to handle drainage within the Site. In addition to the parking lot storm sewer inlets a large curb inlet is located along the western property line of the Site and conveys drainage to the west towards the South Platte River. As a part of the proposed development of the Site, it will be a requirement to provide stormwater water quality and detention in accordance with City of Englewood and Urban Drainage and Flood Control District requirements. Since no structural stormwater management facilities currently existing on the Site, this structural stormwater management (coupled with the reduction in impervious cover compared to the existing condition of a fully paved parking lot) results in a significantly improved stormwater management condition for the Site and downstream public drainage system. Therefore, the proposed development does not negatively impact the existing infrastructure surrounding the proposed development and rather creates an improved stormwater condition for the public. Given the above mentioned information it is my opinion that the infrastructure surrounding the Site has capacity to serve the proposed development without negatively impacting the existing public or private infrastructure system. If you have any questions or require additional information please do not hesitate to contact me at: mmoore@hkseng.com Sincerely, HARRIS KOCHER SMITH Michael S. Moore, PE Page 337 of 460 621 SOUTHPARK DR., SUITE 1600 – LITTLETON, CO 80120 - (303) 979-3900 - FAX (303) 979-1675 EMAIL: COLEH@HABERERGROUP.COM HCI ENGINEERING A division of HABERER CARPENTRY INC. MEMORANDUM TO: Dustin Jones, Ogilvie Properties Inc REVIEWED BY: Cole C. Haberer, P.E. PROJECT: Hand Jam Subdivision DATE: February 21, 2019 SUBJECT: Summary of Drainage Improvements for the 1050 Hampden ___________________________________________________________________________________ As requested HCI Engineering has prepared the following memo which provides a summary of drainage improvements for the 1050 Hampden redevelopment and parking lot improvements. In the pre-development conditions, detention for this site was provided across the entire subdivision which included 1050 and 1090 Hampden and the parking lot between the two buildings. As a requirement of the replat each lot is required to bring their site into conformance with current drainage criteria. The development of 1050 Hampden included a substantial improvement in onsite drainage infrastructure. The following is a summary of the improvements made to the 1050 Hampden site. 1. Updated and site-specific detention for the 100-yr storm event was provided. this included the following: a. Rooftop detention b. Underground detention vaults c. Shallow parking lot detention (less than 1.0ft of ponding). Prior surface detention was deeper than 1.0ft. 2. Added water quality treatment to the underground vaults. Prior site drainage provided no water quality. 3. Updated onsite drainage piping and inlets convey flows from the parking lot and building to the underground detention. Prior drainage pipes were undersized. In addition to these improvements specific to 1050 Hampden. A master drainage study was completed that determined each lot would require site specific improvements as they developed. The overall development of this site and future lots will greatly improve the drainage infrastructure in this area. Sincerel Cole C Haberer, P.E. #43259 HCI Engineering Page 338 of 460 Summary of Tax Proforma- Five Year Forecast MOST PROBABLE CASE SCENARIO 2018 2019 2020 2021 2022 2023 Per Land SF Per Land SF Per Land SF Per Unit Per Unit Per Unit Actual Market Value / Value Per Unit $2,279,431 $12.40 $2,757,000 $15.00 $2,757,000 $15.00 $36,759,000 $116,326 $75,864,000 $240,000 $91,640,000 $290,000 Assessed Value / Assmt Ratio $661,035 29.00%$799,530 29.00%$799,530 29.00%$2,554,751 6.95%$5,272,548 6.95%$6,368,980 6.95% Net Assessed Value $661,035 $799,530 $799,530 $2,554,751 $5,272,548 $6,368,980 % Change in Net Assessed Value 106.4%20.8% Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Real Estate Taxes/Mill Rate $51,696 78.204 $62,526 78.204 $63,464 79.377 $202,789 79.377 $424,797 80.568 $513,134 80.568 Total Taxes & Fees Levied/ETR $51,696 $62,526 $63,464 $202,789 0.55%$424,797 0.56%$513,134 0.56% % Change in Taxes/Fees 109.5%20.8% MOST PROBABLE CASE SCENARIO NOTES: LOW VALUE SCENARIO 2018 2019 2020 2021 2022 2023 Per Land SF Per Land SF Per Land SF Per Unit Per Unit Per Unit Actual Market Value / Value Per Unit $2,279,431 $12.40 $2,482,000 $13.50 $2,482,000 $13.50 $34,754,000 $109,981 $71,726,000 $227,000 $86,900,000 $275,000 Assessed Value / Assmt Ratio $661,035 29.00%$719,780 29.00%$719,780 29.00%$2,415,403 6.95%$4,984,957 6.95%$6,039,550 6.95% Net Assessed Value $661,035 $719,780 $719,780 $2,415,403 $4,984,957 $6,039,550 % Change in Net Assessed Value 106.4%21.2% Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Tax Liability Tax Rate Real Estate Taxes/Mill Rate $51,696 78.204 $56,290 78.204 $57,134 79.377 $191,728 79.377 $401,627 80.568 $486,593 80.568 Total Taxes & Fees Levied/ETR $51,696 $56,290 $57,134 $191,728 0.55%$401,627 0.56%$486,593 0.56% % Change in Taxes/Fees 109.5%21.2% LOW VALUE SCENARIO NOTES: Payable 2020 Payable 2021 Payable 2022 Payable 2023 Payable 2024 Tax Projection Alta Englewood Development 1050 W. Hampden Avenue Englewood, CO 80110 2077-04-1-40-002 Payable 2022 Payable 2023 6. We estimate 2023 is the first year the assessor values the property as 100% complete. We increase the 2021/2022 value per unit about 5% - now $290,000/unit. Payable 2024Payable 2020 4. In 2021, we estimate the assessor will value the property at $275,000/unit and apply 47% complete and a 97% factor to account for Arapahoe County not being aggressive in picking up new construction. Payable 2021 2. The assessor will look at land sales between 7/1/2016 and 6/30/2018 to determine the 2019/2020 value. We estimate a value of $15/SF. 5. In 2022, we estimate the assessor will value the property at $275,000/unit and apply 100% complete and a 90% factor. 1. This projection assumes that the tax rate will experience no change in 2019, 2021, and 2023. The tax rate is estimated to increase by 1.5% in 2020 and 2022. 3. With apartment foundation being poured in 4/2020, we first anticipate a residential value in 2021. The form of this report is the property of Ryan, LLC and cannot be disclosed, published or reproduced without the express written consent of Ryan, LLC. Assumptions and estimates may be subject to rapid change over time and Ryan, LLC is not responsible for variances with actual assessments. The recipient of this report is advised to seek the advice of Ryan, LLC or another tax professional before investing in the subject property. Ryan, LLC is not responsible for the accuracy of information obtained from government sources and no warranty is made regarding the content of this report. Any damages sought are expressly limited to the fees paid for the preparation of this report. Payable 2019 (Actual) Payable 2019 (Actual) 5. We estimate 2023 is the first year the assessor values the property as 100% complete. We increase the 2021/2022 value per unit about 5% - now $275,000/unit. (Estimated)(Estimated)(Estimated)(Estimated)(Estimated) (Estimated)(Estimated)(Estimated)(Estimated)(Estimated) 1. This projection assumes that the tax rate will experience no change in 2019, 2021, and 2023. The tax rate is estimated to increase by 1.5% in 2020 and 2022. 3. In 2021, we estimate the assessor will value the property at $260,000/unit and apply 47% complete and a 90% factor to account for Arapahoe County not being aggressive in picking up new construction. 2. With apartment foundation being poured in 4/2020, we first anticipate a residential value in 2021. 2. The assessor will look at land sales between 7/1/2016 and 6/30/2018 to determine the 2019/2020 value. We estimate a value of $13.50/SF. 4. In 2021, we estimate the assessor will value the property at $260,000/unit and apply 97% complete and a 90% factor to account for Arapahoe County not being aggressive in picking up new construction.Page 339 of 460 Parcel Map Page 340 of 460 Notes Mixed-Use MF Development MF Development Site Low $13.44 Average $16.14 High $21.10 2019/2020 Reassessment Land Sales Comparables 183,823 56-unit Townhome Development Page 341 of 460 Low $224,670 - Apartment Insights, 4Q2018 Average $244,160 High $255,882 2019/2020 Reassessment Sales Comparables Page 342 of 460 Low $261,404 - Apartment Insights, 4Q2018 Average $291,248 High $316,191 2021/2022 Reassessment Sales Comparables Page 343 of 460 Page 344 of 460 OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY: ALTA ENGLEWOOD STATION 1070 WEST HAMPDEN AVENUE ENGLEWOOD, COWEST HAMPDEN INVESTORS LLC2601 BLAKE STREET, STE 100DENVER, CO 80205303-864-9774XXDR 10/12/2017 SUBMITTAL12/07/2017 RESUBMITTAL05/30/2018 RESUBMITTAL09/05/2018 RESUBMITTAL10/03/2018 RESUBMITTAL02/22/2019 RESUBMITTALNOT FORCONSTRUCTIONALTA ENGLEWOOD STATIONPLANNED UNIT DEVELOPMENTA PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF ARAPAHOE, STATE OF COLORADOCITY OF ENGLEWOODVICINITY MAPNORTHSITESHEET INDEXSHEET NUMBERSHEET TITLE1 OF 42 OF 43 OF 4COVER SHEETWRITTEN STATEMENTSPUD DIAGRAMPROPERTY OWNERWEST HAMPDEN INVESTORS, LLC, A COLORADO LIMITED LIABILITY COMPANYBY: OGILVIE PROPERTIES, INC., A COLORADO CORPORATION, ITS MANAGERBY: _________________________________ STUART C. OGILVIE, PRESIDENTSTATE OF COLORADO}}SSCOUNTY OF ARAPAHOE}THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ____ DAY OF ___________________, 2017BY STUART C. OGILVIE, AS PRESIDENT OF OGILVIE PROPERTIES, INC., AS MANAGER OF WEST HAMPDENINVESTORS, LLC.WITNESS MY HAND AND OFFICIAL SEALMY COMMISSION EXPIRES ________________________________.___________________________________________NOTARY PUBLICAPPROVED FOR THE CITY OF ENGLEWOOD_________________________________________________________PLANNING AND ZONING COMMISSION CHAIRPERSONDATE_________________________________________________________PLANNING AND ZONING COMMISSION RECORDING SECRETARYDATE_________________________________________________________MAYOR OF ENGLEWOODDATEATTESTEDTHE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ________DAY OF _____________ A.D., 20____ BY ___________________________________, AS_________________________ OF ____________________.____________________________________CITY CLERKCLERK AND RECORDER'S OFFICETHIS PLANNED UNIT DEVELOPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THECLERK AND RECORDER OF ARAPAHOE COUNTY, COLORADO AT ______________ O'CLOCK, ____. M.ON THIS_________ DAY OF _________________________, 20_____.RECEPTION NUMBER ____________________ BOOK NUMBER ________________ PAGE NUMBER________________________________________________________________________________________CLERK AND RECORDERBY: DEPUTYHAND JAM SUBDIVISION(GUNESCH REPLAT)BLOCK 1, LOT 2CONTAINING 184,110 SQUARE FEET, OR 4.22 ACRES, MORE OR LESS.LEGAL DESCRIPTIONPROPERTY OWNERPLANNER / LANDSCAPE ARCHITECTTRAFFIC ENGINEERCIVIL ENGINEERWest Hampden Investors, LLC2601 Blake Street, Suite 100Denver, CO 80205303-864-9774Norris Design1101 Bannock StreetDenver, CO 80204303-892-1166HCI Engineering621 Southpark Drive, Suite 1600Littleton, CO 80120303-979-3900Aldridge Transportation Engineering1082 Chimney Rock RoadHighlands Ranch, CO 80126303-703-9112COVERSHEET1 OF 44 OF 4PRELIMINARY FIRE ACCESS LAYOUTPLANNED UNIT DEVELOPMENTTHIS PUD SUPERSEDES EXISTING ZONING ON PARCEL 3: PLANNEDDEVELOPMENT PD 8618 AND UNDERLYING ZONING I-1 LIGHT INDUSTRIAL.Page 345 of 460 OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY: ALTA ENGLEWOOD STATION 1070 WEST HAMPDEN AVENUE ENGLEWOOD, COWEST HAMPDEN INVESTORS LLC2601 BLAKE STREET, STE 100DENVER, CO 80205303-864-9774XXDR 10/12/2017 SUBMITTAL12/07/2017 RESUBMITTAL05/30/2018 RESUBMITTAL09/05/2018 RESUBMITTAL10/03/2018 RESUBMITTAL02/22/2019 RESUBMITTALNOT FORCONSTRUCTIONALTA ENGLEWOOD STATIONPLANNED UNIT DEVELOPMENTA PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF ARAPAHOE, STATE OF COLORADOCITY OF ENGLEWOODWRITTENSTATEMENTS2 OF 4PROJECT INTENTThe purpose of this Planned Unit Development is to change the current zoning I-1 (LightIndustrial) to a Planned Unit Development (PUD). This PUD will supersede the existingzoning on Lot 2: Planned Development PD 8618 and underlying zoning I-1 LightIndustrial.The intent is to create a unique zone district that offers the City of Englewood adevelopment that is not possible within the current zone district of I-1 (Light lndustrial)and whose qualities and forms are not described in other existing zone district definitions.This PUD zone district includes its own list of permitted and conditional uses and willidentify what development standards shall apply.The PUD zone district created will conform with the City of Englewood ComprehensivePlan and the Englewood Municipal Code of Ordinances, Title 16 Unified DevelopmentCode, and will use as its basis the uses and standards described therein. ThisEnglewood Code may hereafter be referred to as UDC. Recognizing that the UDC isamended over time, this PUD refers to the version in place at the time of PUD approval.This development is intended to serve as a model for the surrounding industrialneighborhood and for the City of Englewood for how to encourage vital residential andmixed use communities along the transit corridor that has historically been designated forindustrial uses.RELATIONSHIP TO THE CITY OF ENGLEWOOD'S UNIFIED DEVELOPMENT CODEThe provisions of this PUD shall generally comply with all applicable use, developmentand design standards set forth in the UDC that are not otherwise modified or waivedaccording to this rezoning approval.Where items in this PUD conflict with the UDC, the conditions of the PUD shall prevail.Where items in this PUD are silent, the UDC shall prevail.The proposed rezoning meets the following criteria: the proposed development will meetor exceed the development quality standards, levels of public amenities, or levels ofdesign innovation otherwise applicable under the UDC, and would not be possible orpracticable under a standard zone district with conditional uses or with a reasonablenumber of Zoning Variances or Administrative Adjustments.The approved PUD rezoning shall not lapse, but shall remain in effect until supersededby a subsequent revision of the approved PUD document.Should any part of these regulations and stipulations be declared invalid orunenforceable by a court or applicable jurisdiction, such decision shall notaffect the validity of enforcement of the remaining provisions of theseregulations.RELATlONSHIP OF THE PUD DISTRICT PLAN TO THE SITE IMPROVEMENT PLANThe provisions of this PUD District Plan will establish zone district standards whosedetails of development will be delineated in a future Site Improvement Plan. Anyproposed development will submit a Site Improvement Plan as defined in the EnglewoodUDC Section 16-2-9 and Table 16-2-2.1.MODIFICATION AND AMENDMENT OF THE SITE IMPROVEMENT PLANThe Site Improvement Plan may be modified or amended as provided in this subsection.The City Manager or designee may approve, or approve with conditions anAdministrative Adjustment to the approved Site Improvement Plan if the proposedchange does not produce the following condition:-Any other significant deviations from this District Plan in the Site Improvement Planwill require a City Council hearing.Such deviations include the following:-Increase in number of units over 316;-Decrease in Landscape Area below 20% (or Increase in Max Lot Coverage above 80%);-Decrease in provided parking below UDC required;-Increase in Building Height above 70'.An application for Administrative Adjustments to the Site Improvement Plan shall besubject to the administrative rules and regulations established by the City Manager ordesignee.STORMWATER DETENTION AND WATER QUALITY REQUIREMENTSAny proposed Site Plan will include stormwater detention and water quality meeting theCity of Englewood's current storm drainage criteria for 100-year (major) and 5-year(minor) storm. The project site is known to lie within a Special Flood Area, reference: Cityof Englewood Probable Areas Affected by Flooding From the 100-year Storm, TurnerCollie & Braden, Inc., March 1998.DIMENSIONAL REQUIREMENTSSummary Table of Dimensional Requirements for PrincipalStructures. All principal structures and uses shall be subject to theintensity and dimensional standards set forth in the following table:Building height definition, per UDC: Building or structure height isthe vertical distance of a building or structure, as measured fromthe average elevation of the finished grade at the comers of thebuilding or structure base to the highest point of the building orstructure.Permitted Projection internal Setbacks / Yards: All items listed inCity of Englewood, UDC, Section 16-6-1.F.5 may project intorequired setbacks provided that they do not extend beyond theproperty line.STREETS AND VEHICLE ACCESS CIRCULATlONWithin the PUD, the vehicle access and circulation system shallaccommodate the safe, efficient, and convenient movement ofvehicles, bicycles, pedestrians, and transit through thedevelopment as well as to and from adjacent Rights-Of-Way.Streets within the PUD shall be private streets.OFF-STREET PARKING AND LOADING REQUIREMENTSThe purpose of this Section is to prevent or alleviate thecongestion of parking areas and drive alleys within the PUD and tominimize any detrimental effects of parking and loading areas onadjacent properties. Additional details will be provided at time ofPUD Site Plan.Amount of Off-Street Vehicle parking required in the PUD is set forth inthe following table:PEDESTRIAN AND BICYCLE ACCESS AND CONNECTIVITYThese standards encourage convenient access to transit services,including linking transit access to on-site pedestrian and bicyclesystems. Development shall be designed to provide pedestrianaccess to nearby public transportation, and to provide bicycleaccess to Jason Street, Kenyon Avenue and Windermere Street.FENCES AND RETAINING WALLSThe following provisions establish standards to regulate thedesign and location of fences and retaining walls in a mannerthat ensures the following:1.An attractive environment of safe, desirable character;2.Reduced potential for pedestrian or traffic conflicts;3.Protection and security for the owner and adjacentparcels.Auto access security gates are allowed provided they meet FireDepartment standards.LANDSCAPE AND SCREENINGRequired landscape area for this PUD is 20% of total net sitearea. The required landscape area and plant quantities are thetotal required for the property and may be satisfied using thelandscape requirements as defined in the Englewood LandscapeManual. The required landscape area can be accommodated onany future lot or tract, or combination thereof, within this PUD.Required Landscape Area is defined as on-site land area,contained within lot lines and which is the minimum area to belandscaped. This area may include pedestrian paving, plazas,and hard surface areas intended for the recreational or socialuses of the development.ARCHITECTURAL DESIGN GUIDESMultifamily uses shall adhere to the Architectural DesignStandards applicable in the High Density Residential ZoneDistrict (M-U-R), as stated in the UDC, Section 16.6.10.SIGNSSigns are a necessary means of visual communication for theconvenience of the public, and it is the right of those concernedto identify their businesses, services or other activities by theuse of signs.Signs that meet the following criteria may be constructed,displayed and maintained in the PUD:·Signs along all frontages shall be legible, informative to thepublic, and durable.·Sign area shall be limited to 2 square foot of sign area perlinear foot of frontage as measured along Jason Street.·Wall signs shall be composed of individually mountedletters, logos or icons with or without sign backing.·Each individual business entity and the overall project shallbe allowed one projecting sign for each public or privatestreet oriented facade. Projecting blade signs shall beallowed on any and all building faces.·Projecting signs may be attached or suspended by a metalbrace placed beneath an awning.Residential Signs shall meet the following requirements:·Signage standards shall meet standards as amended forthe MU-B-1 Zone District with the following exception:··Projecting signs are permitted at a maximum height of50' above grade.USE REGULATIONS / TABLE OF ALLOWED USESPage 346 of 460 OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY: ALTA ENGLEWOOD STATION 1070 WEST HAMPDEN AVENUE ENGLEWOOD, COWEST HAMPDEN INVESTORS LLC2601 BLAKE STREET, STE 100DENVER, CO 80205303-864-9774XXDR 10/12/2017 SUBMITTAL12/07/2017 RESUBMITTAL05/30/2018 RESUBMITTAL09/05/2018 RESUBMITTAL10/03/2018 RESUBMITTAL02/22/2019 RESUBMITTALNOT FORCONSTRUCTIONALTA ENGLEWOOD STATIONPLANNED UNIT DEVELOPMENTA PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF ARAPAHOE, STATE OF COLORADOCITY OF ENGLEWOODNORTH30'0SCALE:1"=60'60'PUDDIAGRAM3 OF 4LOT 2PLANNED UNITDEVELOPMENT4.22 ACRESEXISTINGBUILDINGEXISTINGBUILDINGW. HAMPDEN AVE.RIGHT OF WAY VARIESW. KENYON AVE.60' RIGHT OF WAYS. SANTA FE DR.S. JASON ST.60' RIGHT OF WAYZONINGI-1ZONINGI-1ZONINGI-1ZONINGI-1ZONINGI-1S. INCA ST.RIGHT OF WAY VARIESW. JEFFERSON AVE.50' RIGHT OF WAYS. WINDERMERE ST.S. LIPAN ST.50' RIGHT OF WAYS. KALAMATH ST.50' RIGHT OF WAYRAILROADRTD LIGHT RAIL0'-0" SETBACK5'-0" SETBACK5'-0" SETBACK5'-0" SETBACKZONINGI-1300' FROMPROPERTYLINEEX. RR ROW AND CITY LIMITSBUS STOP ATW. KENYON AVE.(600 FEET WALKING DIST.;ROUTE 51 S. BOUND TOOXFORD STATIONVIA KALAMATH)ENGLEWOODSTATION(2,100 FEETWALKINGDISTANCE)ZONINGI-1ZONINGI-1CDOT SERVICE ROADLOT 14.20 AC.LOT 36.38 AC.EX. 20' WATER EASEMENT(SEE REPLAT)EX. FIRE HYDRANT EASEMENT(SEE REPLAT)EX. 20' WATER EASEMENT(SEE REPLAT)EX. SAN. SERVICE EASEMENT(SEE REPLAT)11' ENCROACHMENT PERMIT(SEE REPLAT)EX. FIRE HYDRANTEASEMENT(SEE REPLAT)EX. FIRE LANEEASEMENT(SEE REPLAT)EX. STORM SERVICEEASEMENT(SEE REPLAT)EX. 20' STORM SEWEREASEMENT(SEE REPLAT)DRAINAGEEASEMENT(SEE REPLAT)OXFORD STATION(2,700 FEETWALKINGDISTANCE)Page 347 of 460 OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY: ALTA ENGLEWOOD STATION 1070 WEST HAMPDEN AVENUE ENGLEWOOD, COWEST HAMPDEN INVESTORS LLC2601 BLAKE STREET, STE 100DENVER, CO 80205303-864-9774XXDR 10/12/2017 SUBMITTAL12/07/2017 RESUBMITTAL05/30/2018 RESUBMITTAL09/05/2018 RESUBMITTAL10/03/2018 RESUBMITTAL02/22/2019 RESUBMITTALNOT FORCONSTRUCTIONALTA ENGLEWOOD STATIONPLANNED UNIT DEVELOPMENTA PARCEL OF LAND SITUATED IN THE NORTHEAST 1/4 OF SECTION 4, TOWNSHIP 5 SOUTH, RANGE 68 WEST OF THE 6TH P.M.,COUNTY OF ARAPAHOE, STATE OF COLORADOCITY OF ENGLEWOODPRELIMINARYFIRE ACCESSLAYOUT4 OF 4PLANNED UNITDEVELOPMENT4.22 ACRESEXISTINGBUILDINGEXISTINGBUILDINGW. HAMPDEN AVE.W. KENYON AVE.S. SANTA FE DR.NORTH30'0SCALE:1"=60'60'S. INCA ST.W. JEFFERSON AVE.S. WINDERMERE ST.S. LIPAN ST.S. KALAMATH ST.RAILROADRTD LIGHT RAILPRIVATE FIRE LANE ACCESSPUBLIC STREET ACCESSFIRE HYDRANTFIRE DEPARTMENT CONNECTIONLEGENDS. JASON ST.Page 348 of 460 S. JASON STREETW. HAMPDEN AVE. S. SANTA FE DRIVES INCA STREETW KENYON AVE.RTD LIGHT RAILEARTH TREKS CLIMBING GYM CUBESMART SELF STORAGE COURT YARD PROSPECT PARKING & GARAGE ENTRY LEASING & CLUB HOUSE TRASH & LOADING ACCESS ONLY FIRE ACCESS TO COURTYARD POOL COURTYARD 30' FIRE ACCESS LANE ON ADJACENT PROPERTY 30' FIRE ACCESS LANE ON ADJACENT PROPERTY PARKING 6 LEVELSRAILROADACCESS TO FUTURE TRAIL 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 1 VICINITY MAP 1" = 100'-0"1 1 VICINITY MAP 0 200'300'400'100' SCALE: 1" = 100' N Page 349 of 460 130SCALE: 1" =30306030'OWNER:DATE:SHEET TITLE:OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY:CONCEPT SITE& UTILITY PLAN2NOT FORCONSTRUCTIONALTA ENGLEWOOD STATION SOUTH JASON STREET ENGLEWOOD, COLORADOWOOD PARTNERS4600 S SYRACUSE ST. #210DENVER, CO 80237303-468-7450CAMMSM 7/23/18 DRT-011120 Lincoln Street, Suite 1000Denver, Colorado 80203P: 303.623.6300 F: 303.623.6311HarrisKocherSmith.com8/24/18 DRT-0210/3/18 DRT-032/22/19 DRT-04Page 350 of 460 S. JASON STREETPOOL COURTYARD NEW CURB CUT 2-STORY LEASING/AMENITY COURTYARD AMENITY DECK @ LEVEL R4 2,245 SF FIRE DEPARTMENT COURTYARD ACCESS FIRE ACCESS LANE30' SHARED FIRE LANE FIRE DEPARTMENT CONTROLLED ACCESS FIRE DEPARTMENT CONTROLLED VEHICULAR GATE ACCESS PROPERTY LINE PROPERTY LINE LOADING/TRASH (EXISTING CURB CUT TO BE REMOVED) EXISTING ROAD/ FLOW LINE PROPOSED ROAD/ FLOW LINE CURB & GUTTER 15' SIDEWALK WITH TREES IN FIRST 5' FENCE W/ GATE FIRE DEPT. ACCESS (BY OTHERS) HEAD IN PARKING ON NEIGHBORING SITE ADJACENT PROPERTY/ PARKING LOT FENCE W/ GATE W. JEFFERSON AVE. WATER ENTRY ROOM 30' - 0" ADJACENT PROPERTY / DRIVE AISLE GARDEN WALLS (BOTH SIDES) DOG AREA ACCESS CONNECTION TO FUTURE REGIONAL TRAIL 18' - 0"TYP.24' - 0"18' - 0"TYP. 9' - 0" 6 4 25 3 120 20 22 9 100' - 0" PROSPECT PARKING (BOTH SIDES) EXTERIOR WALL ABOVE CROSSWALK FROM SHARED PARKING TO BUILDING ENTRANCES OVERALL PARKING RATIOS PROVIDED SPACES PER UNIT 1.72 SPACES PER BEDROOM 1.25 SITE AREA: 3.90 ACRES (169,884 SF) DENSITY: 81 DU/AC RESIDENTIAL PARKING REQUIRED 1.5 SPACES PER UNIT (ST 1BR 2BR) 309 X 1.5 = 464 2 SPACES PER UNIT (3BR) 7 X 2 = 14 1 PER 5 UNITS VISITOR = 64 TOTAL REQUIRED 542 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 3 LEVEL 1 RESIDENTIAL PARKING PROVIDED PARKING TYPE COUNT GARAGE - ADA PARKING 11 GARAGE - TYPICAL PARKING 445 PROSPECT 4 SHARED 82 TOTAL:542 1" = 30'-0"3 1 LEVEL 1 OVERALL UNIT MIX - 4 STORY WRAP UNIT TYPE UNIT DESCRIPTION QTY. BED # UNIT AREA TOTAL AREA MIX S1 STUDIO 21 21 594 SF 12,474 SF 7% S2 STUDIO 3 3 595 SF 1,785 SF 1% 24 24 14,259 SF 8% UB2 URBAN 1 BED 4 4 621 SF 2,484 SF 1% UB3 URBAN 1 BED 26 26 630 SF 16,380 SF 8% 30 30 18,864 SF 9% A1 1 BED / 1 BATH 129 129 726 SF 93,676 SF 41% A2 1 BED / 1 BATH 16 16 903 SF 14,448 SF 5% A3 1 BED / 1 BATH 4 4 929 SF 3,716 SF 1% 149 149 111,840 SF 47% B1 2 BED / 2 BATH 8 16 1101 SF 8,808 SF 3% B2 2 BED / 2 BATH 80 160 1122 SF 89,774 SF 25% B3 2 BED / 2 BATH 4 4 1156 SF 4,624 SF 1% B4 2 BED / 2 BATH 4 8 1200 SF 4,800 SF 1% B5 2 BED / 2 BATH 4 8 1125 SF 4,500 SF 1% B6 2 BED / 2 BATH 6 12 1122 SF 6,733 SF 2% 106 208 119,239 SF 34% C1 3 BED / 2 BATH 3 9 1359 SF 4,078 SF 1% C2 3 BED / 2 BATH 4 12 1443 SF 5,772 SF 1% 7 21 9,850 SF 2% 316 432 274,051 SF 100% 867 AVG. SF N Page 351 of 460 POOL COURTYARD BELOW COURTYARD BELOW 2 25 20 22 9 20 OPEN TO BELOW LEASING LVL 2 110' - 8" 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 4 LEVEL 21" = 30'-0"4 1 LEVEL 2 N Page 352 of 460 2 25 20 22 9 20 121' - 4" 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 5 LEVEL 31" = 30'-0"5 1 LEVEL 3 N Page 353 of 460 2 25 20 22 9 20 132' - 0" 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 6 LEVEL 41" = 30'-0"6 1 LEVEL 4 N Page 354 of 460 2 25 20 9 146' - 2" 142' - 8" 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 7 LEVEL 5 / ROOF1" = 30'-0"7 1 LEVEL 5 / ROOF N Page 355 of 460 STAIR TOWER ROOF 163' - 4" 146' - 10" PARAPET, TYP. 163' - 4" STAIR TOWER ROOF 164' - 0" ELEVATOR ROOF R A M P D O W N POOL COURTYARD COURTYARD 142' - 8" 148' - 2" PARAPET 146' - 2" MAIN ROOF S H A R E D D RIV E AIS L E G A R A G E E N T R Y J A S O N S T R E E T L E A SIN G C E N T E R E N T R Y C U B E S M A R T P R O P E R T Y E A R T H T R E K S P R O P E R T Y 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 8 3D VIEW 8 1 BIRD'S EYE VIEW LOOKING NORTHWEST NPage 356 of 460 OWNER:DATE:SHEET TITLE:OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY:NOT FORCONSTRUCTION1101 Bannock StreetDenver, Colorado 80204P 303.892.1166www.norris-design.comALTA ENGLEWOOD STATION SOUTH JASON STREET ENGLEWOOD, COLORADOWOOD PARTNERS4600 S SYRACUSE ST. #210DENVER, CO 80237303-468-7450XXXX 7/23/18 DRT-018/24/18 DRT-0210/3/18 DRT-032/22/19 DRT-04LANDSCAPE PLANT LIST#5MAHONIA REPENSCREEPING OREGON GRAPE HOLLYCOG#1#1CALAMAGROSTIS ARUNDINACEA 'KARL FOERSTER'FEATHER REED GRASSFRGDECIDUOUS SHRUBS 7-9' SPREAD#5DECIDUOUS SHRUBS 5-7' SPREADIVORY HALO DOGWOODJAPANESE BARBERRYIHDJBBBERBERIS THUNBERGIICORNUS ALBA 'BAILHALO'ROSY GLOW BARBERRYCAROL MACKIE DAPHNEDCMRGBDAPHNE X BURKWOODII 'CAROL MACKIE'BERBERIS THUNBERGII 'ROSY GLOW'#5#5#5BUFFALO JUNIPERJUNIPERUS SABINA 'BUFFALO'BUF#5#5JUNIPERUS HORIZONTALIS 'BLUE CHIP'BLUE CHIP JUNIPER1.5" CAL.AMELANCHIER X GRANDIFLORAAUTUMN BRILLIANCE SERVICEBERRYABTSIZEBOTANICAL NAMECOMMON NAMESYM.DECIDUOUS ORNAMENTAL TREESDECIDUOUS CANOPY TREES * DENOTES TREES FOR R.O.W. USEDECIDUOUS SHRUBS 2-5' SPREADEVERGREEN SHRUBSGRASSESBCJ#1#1#1PERENNIALSSALVIA, MAY NIGHTSTELLA D'ORO DAYLILYBLACK EYED SUSANSMNDDYBESSALVIA SYLVESTRIS X 'MAINACHT'HEMEROCALLIS 'STELLA D'ORO'RUDBECKIA FULGIDA 'GOLDSTURM'NOTESHFGHARDY FOUNTAIN GRASSPENNISETUM ALOPECUROIDES 'HAMELN'#1MTATANNENBAUM MUGO PINEPINUS MUGO 'TANNENBAUM'#5#1PANICUM VIRGATUM 'SHENANDOAH'RED SWITCHGRASSRSG#1BOUTELOUA GRACILIS 'BLONDE AMBITION'BLUE GRAMA GRASSBGGSWWSWEET WOODRUFFGALIUM ODORATUMPICEA PUNGENS 'GLOBOSA'BGSBLUE GLOBE SPRUCE#5#1WHAWASHINGTON HAWTHORNCRATAEGUS PHAENOPYRUM1.5" CAL.VINVINCA MINOR/PERIWINKLEV. MINOR 'BOWLES'#1CMWWALKER'S LOW CATMINTNEPETA FAASSENII 'WALKER'S LOW'#1YAMMOONSHINE YARROWACHILLEA 'MOONSHINE'#1ACER TATARICUM 'GARANN'HWMHOT WINGS MAPLE#5DWARF GINNALA MAPLEDGMACER GINNALA 'COMPACTA'#1MISCANTHUS SINENSIS 'STRICTUS'ZEBRA GRASSZGRLEMGOLDEN LEMON THYMETHYMUS X CITRIODORUS 'AUREUS'#16' CLUMP#1HFBLITTLE BUNNY FOUNTAIN GRASS PENNISETUM ALOPECUROIDES 'LITTLE BUNNY'#1YBEBRIGHT EDGE YUCCAYUCCA FLACCIDA 'BRIGHT EDGE'#5HESPERALOE PARVIFLORAYRERED YUCCA#5PAWNEE BUTTES SAND CHERRYPBSPRUNUS BESSEYI 'PAWNEE BUTTES'#5LITTLE DEVIL NINEBARKNLDPHYSOCARPUS OPULIFOLIUS 'DONNA MAY'#5#5GRO-LOW SUMACGLSRHUS AROMATICA 'GROW-LOW'LIMELIGHT HYDRANGEALLHHYDRANGEA PANICULATA 'LIMELIGHT'#5KELSEY DOGWOODKELCORNUS SERICEA 'KELSEYI'#5#5PEKING COTONEASTERPKCCOTONEASTER ACUTIFOLIUS1.5" CALFRANS FONTAINE HORNBEAMCARPINUS BETULUS 'FRANS FONTAINE'HFF1.5" CAL.POPULUS TREMULA 'ERECT'SWEDISH ASPENSWE24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN WIDTHB&B, GUY AND STAKE, SPECIMEN24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTH24" MIN. WIDTHB&B, GUY AND STAKE, SPECIMEN24" MIN. WIDTH24" MIN. WIDTHB&B, GUY AND STAKE, SPECIMENB&B, GUY AND STAKE, SPECIMENB&B, GUY AND STAKE, SPECIMEN2" CAL.PROSPECTOR ELMULMUS WILSONIANA 'PROSPECTOR'PEL2" CAL.HOAHERITAGE OAK*QUERCUS X MACDONALDII 'CLEMONS'2" CAL.2" CAL.TFIAGGCORYLUS COLURNATURKISH FILBERT*GINKGO BILOBA 'AUTUMN GOLD'AUTUMN GOLD GINKGO2" CAL.FLASHFIRE MAPLE*ACER SACCHARUM 'JFS-CADD02'ASFMEDIUMMEDIUMMEDIUMMEDIUMMEDIUM#1HELICTOTRICHON SEMPERVIRENSBLUE AVENAAVG#1MISCANTHUS SINENSUS 'GRACILLIMUS'MAIDEN GRASSMAGLODENSE PRIVETLODLIGUSTRUM VULGARE 'LODENSE'#524" MIN. WIDTHKELSEY DOGWOODKELCORNUS SERICEA 'KELSEYI'#524" MIN. WIDTHBGVGREEN VELVET BOXWOODBUXUS 'GREEN VELVET'#524" MIN. WIDTHLANDSCAPE NOTES1. THE CONTRACTOR SHALL FOLLOW THE LANDSCAPE PLANS AND SPECIFICATIONS AS CLOSELYAS POSSIBLE. ANY SUBSTITUTION OR ALTERATION SHALL NOT BE ALLOWED WITHOUTAPPROVAL OF THE OWNER'S REPRESENTATIVE. OVERALL PLANT QUANTITY AND QUALITYSHALL BE CONSISTENT WITH THE PLANS.2. THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL PLANT QUANTITIES. GRAPHICQUANTITIES TAKES PRECEDENCE OVER WRITTEN QUANTITIES.3. THE OWNER'S REPRESENTATIVE RESERVES THE RIGHT TO INSPECT AND TAG ALL PLANTMATERIAL PRIOR TO SHIPPING TO THE SITE. IN ALL CASES, THE OWNER'S REPRESENTATIVEMAY REJECT PLANT MATERIAL AT THE SITE IF MATERIAL IS DAMAGED, DISEASED, ORDECLINING IN HEALTH AT THE TIME OF ONSITE INSPECTIONS OR IF THE PLANT MATERIALDOES NOT MEET THE MINIMUM SPECIFIED STANDARD IDENTIFIED ON THE PLANS AND IN THESPECIFICATIONS. THE CONTRACTOR SHALL COORDINATE WITH THE OWNER'SREPRESENTATIVE FOR INSPECTION AND APPROVAL OF ALL MATERIALS AND PRODUCTS PRIORTO INSTALLATION.4. THE OWNER'S REPRESENTATIVE MAY ELECT TO UPSIZE PLANT MATERIAL AT THEIRDISCRETION BASED ON SELECTION, AVAILABILITY, OR TO ENHANCE SPECIFIC AREAS OF THEPROJECT. THE CONTRACTOR SHALL VERIFY PLANT MATERIAL SIZES WITH OWNER'SREPRESENTATIVE PRIOR TO PURCHASING, SHIPPING OR STOCKING OF PLANT MATERIALS.SUBMIT CHANGE ORDER REQUEST TO OWNER'S REPRESENTATIVE FOR APPROVAL IFADDITIONAL COST IS REQUESTED BY THE CONTRACTOR PRIOR TO INSTALLATION.RE-STOCKING CHARGES WILL NOT BE APPROVED IF THE CONTRACTOR FAILS TO SUBMIT AREQUEST FOR MATERIAL CHANGES.5. THE CONTRACTOR SHALL WARRANTY ALL CONTRACTED WORK AND MATERIALS FOR A PERIODOF ONE YEAR AFTER SUBSTANTIAL COMPLETION HAS BEEN ISSUED BY THE OWNER'SREPRESENTATIVE FOR THE ENTIRE PROJECT UNLESS OTHERWISE SPECIFIED IN THECONTRACT DOCUMENTS OR SPECIFICATIONS.6. REFER TO IRRIGATION PLANS FOR LIMITS AND TYPES OF IRRIGATION DESIGNED FOR THELANDSCAPE. EXCEPT WHERE FULL FOUNDATION WATERPROOFING IS IN PLACE, IRRIGATIONSHALL NOT BE EMITTED WITHIN THE MINIMUM DISTANCE FROM BUILDING OR WALLFOUNDATIONS AS STIPULATED IN THE GEOTECHNICAL REPORT. ALL IRRIGATIONDISTRIBUTION LINES, HEADS AND EMITTERS SHALL BE KEPT OUTSIDE THE MINIMUM DISTANCEAWAY FROM ALL BUILDING AND WALL FOUNDATIONS AS STIPULATED IN THE GEOTECHNICALREPORT.7. LANDSCAPE MATERIAL LOCATIONS SHALL HAVE PRECEDENCE OVER IRRIGATION MAINLINEAND LATERAL LOCATIONS. COORDINATE INSTALLATION OF IRRIGATION EQUIPMENT SO THATIT DOES NOT INTERFERE WITH THE PLANTING OF TREES OR OTHER LANDSCAPE MATERIAL.8. THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ENSURING POSITIVE DRAINAGEEXISTS IN ALL LANDSCAPE AREAS. SURFACE DRAINAGE ON LANDSCAPE AREAS SHALL NOTFLOW TOWARD STRUCTURES AND FOUNDATIONS. MAINTAIN SLOPE AWAY FROMFOUNDATIONS PER THE GEOTECHNICAL REPORT RECOMMENDATIONS. ALL LANDSCAPEAREAS BETWEEN WALKS AND CURBS SHALL DRAIN FREELY TO THE CURB UNLESS OTHERWISEIDENTIFIED ON THE GRADING PLAN. IN NO CASE SHALL THE GRADE, TURF THATCH, OR OTHERLANDSCAPE MATERIALS DAM WATER AGAINST WALKS. MINIMUM SLOPES ON LANDSCAPEAREAS SHALL BE 2%; MAXIMUM SLOPE SHALL BE 25% UNLESS SPECIFICALLY IDENTIFIED ONTHE PLANS OR APPROVED BY THE OWNER'S REPRESENTATIVE.9. PRIOR TO INSTALLATION OF PLANT MATERIALS, AREAS THAT HAVE BEEN COMPACTED ORDISTURBED BY CONSTRUCTION ACTIVITY SHALL BE THOROUGHLY LOOSENED TO A DEPTHOF 8” - 12” AND AMENDED PER SPECIFICATIONS.10. ALL LANDSCAPED AREAS ARE TO RECEIVE ORGANIC SOIL PREPARATION AT 4 cu.yrds/1,000sfOR AS NOTED IN THE TECHNICAL SPECIFICATIONS.11. TREES SHALL NOT BE LOCATED IN DRAINAGE SWALES, DRAINAGE AREAS, OR UTILITYEASEMENTS. CONTACT OWNER'S REPRESENTATIVE FOR RELOCATION OF PLANTS INQUESTIONABLE AREAS PRIOR TO INSTALLATION.12. THE CENTER OF EVERGREEN TREES SHALL NOT BE PLACED CLOSER THAN 8' AND THECENTER OF ORNAMENTAL TREES CLOSER THAN 3' FROM A SIDEWALK, STREET OR DRIVELANE. EVERGREEN TREES SHALL NOT BE LOCATED ANY CLOSER THAN 15' FROM IRRIGATIONROTOR HEADS. NOTIFY OWNER'S REPRESENTATIVE IF TREE LOCATIONS CONFLICT WITHTHESE STANDARDS FOR FURTHER DIRECTION.13. ALL EVERGREEN TREES SHALL BE FULLY BRANCHED TO THE GROUND AND SHALL NOTEXHIBIT SIGNS OF ACCELERATED GROWTH AS DETERMINED BY THE OWNER'SREPRESENTATIVE.14. ALL TREES ARE TO BE STAKED AND GUYED PER DETAILS FOR A PERIOD OF 1 YEAR. THECONTRACTOR SHALL BE RESPONSIBLE FOR REMOVING STAKES AT THE END OF 1 YEAR FROMACCEPTANCE OF LANDSCAPE INSTALLATION BY THE OWNER'S REPRESENTATIVE. OBTAINAPPROVAL BY OWNER'S REPRESENTATIVE PRIOR TO REMOVAL.15. ALL TREES INSTALLED ABOVE RETAINING WALLS UTILIZING GEO-GRID MUST BE HAND DUG TOPROTECT GEO-GRID. IF GEO-GRID MUST BE CUT TO INSTALL TREES, APPROVAL MUST BEGIVEN BY OWNER'S REPRESENTATIVE PRIOR TO DOING WORK.16. TREE WRAP SHALL BE APPLIED IN LATE FALL AFTER INSTALLATION AND REMOVED THEFOLLOWING SPRING. TREES GREATER THEN 4” IN CALIPER MAY NOT REQUIRE TREE WRAP IFBARK IS SUFFICIENTLY DEVELOPED. OBTAIN APPROVAL FROM OWNER'S REPRESENTATIVEFOR ANY TREES THAT WILL NOT BE WRAPPED.17. ALL TREES IN SEED OR TURF AREAS SHALL RECEIVE MULCH RINGS. OBTAIN APPROVAL FROMOWNER'S REPRESENTATIVE FOR ANY TREES THAT WILL NOT BE MULCHED FOR EXCESSIVEMOISTURE REASONS.18. SHRUB, GROUNDCOVER AND PERENNIAL BEDS ARE TO BE CONTAINED BY 6'' x 14 GAUGEBLACK, WITH PROTECTIVE CAP, INTERLOCKING STEEL TYPE EDGER, RYERSON OREQUAL. EDGER IS NOT REQUIRED WHEN ADJACENT TO CURBS, WALLS, WALKS OR SOLIDFENCES WITHIN 3” OF PRE-MULCHED FINAL GRADE. EDGER SHALL NOT BE REQUIRED TOSEPARATE MULCH TYPES UNLESS SPECIFIED ON THE PLANS.19. IN ALL CASES SHRUB, GROUNDCOVER AND PERENNIAL BEDS ADJACENT TO BUILDING ANDWALL FOUNDATIONS SHALL BE CONTAINED BY 6'' x 14 GAUGE BLACK, WITH PROTECTIVE CAP,INTERLOCKING TYPE PERFORATED EDGER, RYERSON OR EQUAL. EDGER SHALL NOTRESTRICT THE FREE FLOW OF DRAINAGE OR DAM WATER IN ANY CASE. EDGER IS NOTREQUIRED WHEN ADJACENT TO CURBS, WALLS, WALKS OR SOLID FENCES WITHIN 3” OFPRE-MULCHED FINAL GRADE. EDGER SHALL NOT BE REQUIRED TO SEPARATE MULCH TYPESUNLESS SPECIFIED ON THE PLANS.20. ALL SHRUB BEDS ARE TO BE MULCHED WITH MIN. 3'' DEPTH, SPECIFIED MULCH OVERSPECIFIED GEOTEXTILE WEED CONTROL FABRIC. ALL GROUND COVER AND PERENNIALFLOWER BEDS SHALL BE MULCHED WITH 3'' DEPTH SHREDDED CEDAR MULCH. NO WEEDCONTROL FABRIC IS REQUIRED IN GROUNDCOVER OR PERENNIAL AREAS.21. EXISTING TURF AREAS THAT ARE DISTURBED DURING CONSTRUCTION, ESTABLISHMENT ANDTHE MAINTENANCE PERIOD SHALL BE RESTORED WITH NEW SOD TO MATCH EXISTING TURFSPECIES. DISTURBED NATIVE AREAS WHICH ARE TO REMAIN SHALL BE OVER SEEDED ANDRESTORED WITH SPECIFIED SEED MIX.21. WHEN COMPLETE, ALL GRADES SHALL BE WITHIN +/- 1/8” OF FINISHED GRADES AS SHOWN ONTHE PLANS.22. ALL SODDED, TURF SEEDED, AND LANDSCAPED AREAS SHALL BE WATERED BY ANUNDERGROUND, AUTOMATIC IRRIGATION SYSTEM, AND SHALL PROVIDE 100% COVERAGE TOALL AREAS. ALL IRRIGATION TO BE INSTALLED PER CITY AND COUNTY OF ENGLEWOODSTANDARDS. (SEE IRRIGATION PLAN)23. ROUTINE TREE MAINTENANCE AND PRUNING SHALL PREVENT BRANCHES FROM INTERFERINGWITH ALL FIRE ACCESS LANE CLEARANCES.24. WHEN PLANTER URNS ARE SHOWN ON PLANS, EXCEPT ON POOL DECK, CONTRACTOR SHALLINCLUDE THE FOLLOWING: PLANTER MIX, ANNUAL FLOWER PLANTING PROGRAM (INCLUDES 2PLANTINGS FOR THE 1ST YEAR (SPRING AND FALL) AND WINTER HAND-WATERING AS NEEDED.UNLESS OTHERWISE SPECIFIED, CONTRACTOR TO PROVIDE ANNUAL PLANTING SELECTIONFOR REVIEW BY OWNER. IRRIGATION FOR PLANTERS TO BE ON SEPARATE ZONE(S).CONTRACTOR TO COORDINATE PLACEMENT OF NECESSARY SLEEVING PRIOR TO PLACEMENTOF PAVEMENT.25. PRIOR TO THE PLACEMENT OF MULCH AND WEED FABRIC, A GRANULAR, PRE-EMERGENT,WEED CONTROL AGENT SHALL BE ADDED TO ALL PLANTING BEDS IN ACCORDANCE WITH THEMANUFACTURER'S INSTRUCTION, EXCEPT AROUND ORNAMENTAL GRASSES.26. THE CONTRACTOR IS EXPECTED TO KNOW AND UNDERSTAND THE CITY OF ENGLEWOODSPECIFICATIONS FOR LANDSCAPE AND IRRIGATION. IN CASES OF DISCREPANCIES THEHIGHER OF THE TWO STANDARDS SHALL HAVE PRECEDENCE (SPECIFICATIONS AND DETAILSPROVIDED WITH THE PLANS VERSUS THE CITY AND COUNTY OF ENGLEWOOD SPECIFICATIONSAND DETAILS).27. THE FINAL LOCATION OF TREES MAY NEED TO BE ADJUSTED BY THE LANDSCAPE ARCHITECTSAND COORDINATE WITH THE ENGLEWOOD PARKS DIVISION TO AVOID AND MINIMIZECONFLICTS WITH UTILITIES, STREET LIGHTS, DRIVEWAYS AND LINES OF SIGHT.28. CALL FOR UTILITY LOCATIONS PRIOR TO BEGINNING OF CONSTRUCTION.29. THE CONTRACTOR IS RESPONSIBLE FOR THE COST TO REPAIR UTILITIES, ADJACENTLANDSCAPE, PUBLIC AND PRIVATE PROPERTY THAT IS DAMAGED BY THE CONTRACTOR ORTHEIR SUBCONTRACTOR'S OPERATIONS DURING INSTALLATION OR DURING THE SPECIFIEDMAINTENANCE PERIOD. CALL FOR UTILITY LOCATIONS PRIOR TO ANY EXCAVATION.30. THE CONTRACTOR SHALL REPORT ANY DISCREPANCY IN PLAN VS. FIELD CONDITIONSIMMEDIATELY TO THE LANDSCAPE ARCHITECT, PRIOR TO CONTINUING WITH THAT PORTIONOF WORK.31. THE CONTRACTOR SHALL BE RESPONSIBLE FOR THE REPAIR OF ANY OF THEIR TRENCHES OR EXCAVATIONS THAT SETTLE32. DO NOT DISTURB THE EXISTING PAVING, LIGHTING, LANDSCAPING, OR IRRIGATION THATEXISTS ADJACENT TO THE SITE UNLESS OTHERWISE NOTED ON PLAN.33. THE LANDSCAPE CONTRACTOR SHALL FURNISH A ONE YEAR MAINTENANCE AND WARRANTYPERIOD FROM THE DATE OF INITIAL ACCEPTANCE.34. COORDINATE INSTALLATION OF IRRIGATION SLEEVING PRIOR TO CURB AND PAVEMENTINSTALLATION.35. PLANTERS ARE TO INCLUDE SOIL THAT IS FREE FROM DEBRIS.36. ALL TREES SHALL BE A MINIMUM OF 9' FROM EXISTING WATER LINES AND/OR IRRIGATION MAINLINES WHEN POSSIBLE.DESCRIPTIONMANUFACTURER / PROVIDER NOTES / SPECIFICATIONSPROJECT LITTERRECEPTACLE(or approved equal)PROJECT BENCH(or approved equal)ANOVA SITE FURNISHINGSMIKE HONERLAW720-584-4327www.anovafurnishings.comMODEL: AIRI LEAF 6' CONTOUR BENCHMOUNTING: SURFACE MOUNTCOLOR: T.B.D.FURNISHING SCHEDULEANOVA SITE FURNISHINGSMIKE HONERLAW720-584-4327www.anovafurnishings.comMODEL: AIRI LEAF 45 GAL. DUAL TRASH/RECYCLERMOUNTING: SURFACE MOUNTCOLOR: ORANGE TO MATCH PLANTERS. AND SLATE GREY,SAMPLES TO BE SUBMITTED FOR APPROVALOPTIONS: SIDE DOORPROJECT BIKE RACK(or approved equal)LANDSCAPE FORMSVIVAN KOVACS800-430-6206 X1323www.landscapeforms.comDOG STATION(or approved equal)DOG WASTE DEPOTwww.dogwastedepot.comCOLLECTION: DEPOT-022COLOR: BLACKMANUFACTURER: LANDSCAPE FORMSMODEL: 35 LOOPMOUNTING: SURFACE MOUNTCOLOR: MERCURYRLANDSCAPE NOTES ANDPLANT SCHEDULE9Page 357 of 460 POOLPOOL COURTYARDAMENITYCOURTYARDARTIFICIAL TURFDOG PARK OVERVEHICLE-RATEDSUBGRADEENHANCED PAVING6' FREESTANDING POOLENCLOSURE WALLENHANCED PAVING /PEDESTRIAN CONNECTIONTO FUTURE TRAILCRASH GATES / 20' WIDEEMERGENCY ACCESS CRASH GATES / 20' WIDEEMERGENCY ACCESSACCESS TO FUTURETRAILBIKE RACKSFIRELANEFIRELANEPROPERTY LINEPROPERTY LINEPROPERTY LINEPROPERTY LINEBIKE RACKSCURB BUMP-OUTSTRAIGHTENEDFREESTANDINGWALLBENCHESOWNER:DATE:SHEET TITLE:OWNER:DATE:SHEET TITLE:CHECKED BY:DRAWN BY:NOT FORCONSTRUCTION1101 Bannock StreetDenver, Colorado 80204P 303.892.1166www.norris-design.comALTA ENGLEWOOD STATION SOUTH JASON STREET ENGLEWOOD, COLORADOWOOD PARTNERS4600 S SYRACUSE ST. #210DENVER, CO 80237303-468-7450XXXX 7/23/18 DRT-018/24/18 DRT-0210/3/18 DRT-032/22/19 DRT-04NORTH0201040SCALE 1" = 20'LEGEND:DECIDUOUS TREESORNAMENTAL TREESARTIFICIAL TURFEASEMENTS6' FENCEEXISTING TREE TO BE REMOVED (44 TOTAL)PLANTING BED WITH ROCK MULCHENHANCED PAVINGLANDSCAPEPLAN10RS. JASON ST.EXISTING TREE TO BE REMAINPage 358 of 460 S. JASON STREETRTD LIGHT RAILCUBESMART SELF STORAGE COURT YARD POOL COURTYARD PARKING GARAGERAILROAD SHARED PARKING LOCATIONS VEHICULAR ENTRANCE11571115MINI STORAGE PARKING MINI STORAGE OFFICE LOCATION 8 (M)9 (M)6 (M) SHARED PARKING LOCATIONS MINI STORAGE PARKING SHARED DRIVE AISLE 2-STORY LEASING/ AMENITY FIRE ACCESS DRIVE AISLE117,992 SF 890 STORAGE UNITS LOADING DOCK TRASH/ LOADING PROPERTY LINEPROPERTY LINE CROSS WALK BUILDING ENTRY, TYP. SHARED PARKING LOCATIONS 15212MINI STORAGE PARKING 4 BUILDING ENTRANCE SHARED PARKING CROSS WALK LEGEND OVERALL PARKING RATIOS PROVIDED SPACES PER UNIT 1.72 SPACES PER BEDROOM 1.25 MINI STORAGE PARKING LOT REQUIRED TOTAL STORAGE SHARED EXTRA EMPLOYEE SPACES 2 1 SPACE PER EVERY 6000 SF 20 TOTAL 22 105 22 82 1 PROVIDED RESIDENTIAL PARKING REQUIRED 1.5 SPACES PER UNIT (ST 1BR 2BR) 309 X 1.5 = 464 2 SPACES PER UNIT (3BR) 7 X 2 = 14 1 PER 5 UNITS VISITOR = 64 TOTAL REQUIRED 542 1101 Bannock Street Denver, Colorado 80204 P 303.892.1166 www.norris-design.com NOT FOR CONSTRUCTIONALTA ENGLEWOOD STATIONSOUTH JASON STREETENGLEWOOD, COLORADOWOOD PARTNERS 4600 S SYRACUSE ST. #210 DENVER, CO 80237 303-468-7450 7/23/18 DRT-01 OWNER: DATE: SHEET TITLE: OWNER: DATE: SHEET TITLE:CHECKED BY:DRAWN BY:8/24/18 DRT-02 10/03/18 DRT-03 02/22/19 DRT-04 E.1 SHARED PARKING 1" = 50'-0"E.1 1 SHARED PARKING PLAN 0 100'150'200'50' SCALE: 1" = 50' N RESIDENTIAL PARKING PROVIDED PARKING TYPE COUNT GARAGE - ADA PARKING 11 GARAGE - TYPICAL PARKING 445 PROSPECT 4 SHARED 82 TOTAL: 542 Page 359 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: May 20, 2019 SUBJECT: Award of Contract to TerraCare Associates, LLC for EEF Landscaping and Ground Maintenance Services DESCRIPTION: Award of Contract to TerraCare Associates, LLC for EEF Landscaping and Ground Maintenance Services RECOMMENDATION: Staff recommends approving, by motion, a contract with TerraCare Associates, LLC for landscaping, day porter, and ground maintenance services on the Englewood Environmental Foundation (EEF) property in an amount not to exceed $133,500. PREVIOUS COUNCIL ACTION: N/A SUMMARY: Proposals for landscaping and ground maintenance services on the EEF property were solicited in February 2019. Five proposals were received. One was rejected due to a lack of signature. Staff members evaluated the proposals and scored them according to six criteria. The company that received the best score was TerraCare Associates, LLC. Based on the anticipated services and TerraCare's bid prices, staff has developed a not-to-exceed contract amount of $133,500. The EEF Board approved this contract at an EEF meeting on May 1, 2019. In accordance with the city's Procurement Policy, staff is bringing this contract forward for concurrence by the City Council as it exceeds $100,000. ANALYSIS: EEF issued a Request for Proposals (RFP) #19-010 for Landscaping and Grounds Maintenance Services and received proposals on February 20, 2019. Five (5) proposals were received from: • Angle’s Specialty Services, Inc. • CoCal Landscape Services, Inc. • Grounds Service Company • Terracare Associates, LLC • Emerald Isle Landscaping Upon review, it was determined that the proposal from Emerald Isle Landscaping was not signed. Therefore, they were disqualified. Page 360 of 460 Services to be provided include the following: • Day Porter Services, Monday thru Friday, 7:00 a.m. to 2:00 p.m. and Saturdays from 7:00 a.m. to 12:00 p.m. • Power Washing • Landscaping/Tree Trimming • Grass Cutting and Trimming • Irrigation Repair and Maintenance The timing and dates for service will be coordinated through the EEF staff representative. Cost details are provided on the attached summary sheet. The proposals were reviewed by three staff persons: the Construction Manager, the Public Works Operations and Maintenance Manager, and the Director of Public Works. Scores for various categories such as price, experience, equipment availability, etc. were submitted by each scorer. Scores of 1 (best) to 5 (worst) were used therefore, a low score is preferred. These scores were then averaged among the three scorers to determine the lowest rated proposer as shown below: Proposer Averaged Score Angle’s Specialty Services, Inc. 3.20 CoCal Landscape Services, Inc. 2.40 Grounds Service Company 2.20 TerraCare Associates, Inc. 1.50 FINANCIAL IMPLICATIONS: The terms of the contract are for one initial year with the option of extending it for two, additional one-year periods. The estimated cost for the initial year of the contract is estimated to be $133,500. A purchase order will be issued in this amount. Funding for these services was included in the 2019 EEF budget. ALTERNATIVES: An alternative that could be considered, in lieu of contracting, is to provide these services by hiring additional city staff. CONCLUSION: staff recommends entering into a contract with TerraCare Associates, Inc. for a one-year term with the option of extending the contract for two additional one-year periods. ATTACHMENTS: Contract Summary Form TerraCare Contract Scoring Summary Sheet Page 361 of 460 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: Maria D'Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: TerraCare Associates, LLC Vendor Contact: Aeriell Earleywine Vendor Address:8201 Southpark Ln, Suite 110 Vendor Phone: 712-251-9848 City: Littleton Vendor Email: aeriell.earlywine@myterracare.net State: CO Zip Code: 80120 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: 05/21/2019 End Date: 05/20/2020 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $133,500.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: N/A Payment terms (please describe terms or attach schedule if based on deliverables): Billed monthly for work completed Attachments: ☐Copy of original Contract if this is an amendment EEF landscaping and grounds maintenance services Page 362 of 460 Contract Approval Summary V10/25/2017 Page | 2 ☒Copies of related Contracts/Conveyances/Documents Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☒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 CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2019 Landscaping 180,000.00$ 27,310.00$ 133,500.00$ 19,190.00$ O 2019 -$ -$ -$ -$ -$ -$ Total by Fund and Current Year 180,000.00$ 27,310.00$ 133,500.00$ 19,190.00$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 180,000.00$ 27,310.00$ 133,500.00$ 19,190.00$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 363 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 CONTRACT FOR SERVICES AGREEMENT NUMBER CFS/19-41 $133,500 THIS CONTRACT made and entered into on , 20__ by and between TerraCare Associates, 8201 Southpark LN, Ste 110, Littleton, CO 80120 hereinafter Name Address City St Zip called the CONTRACTOR and the CITY OF ENGLEWOOD, hereinafter called the CITY. WITNESSETH; The parties do hereby contract and agree as follows: 1. The CONTRACTOR shall furnish the CITY the following services: LANDSCAPING AND GROUNDS MAINTENANCE SERVICES for a total contract price of: One Hundred Thirty Three Thousand Five Hundred ($ 133,500) Dollars. 2. The initial term of this contract is for one year. The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Statement of Work attached hereto, but at no time shall the contract be longer than a one year period. In the event that the parties desire to extend the contract 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 contract by the Contractor. If the City agrees to the request for renewal, the parties shall then enter into an amendment extending this Contract including an amended Statement of Work, if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. 3. The Contractor shall not commence work under this Contract until the insura nce required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. 4. The project or services being provided hereunder shall be supervised or inspected by the Project Manager for the City, or his or her authorized designee. 5. Terms of Payment: The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as the entire and only compensation therefore, such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof. Payment shall be made in a lump sum upon final completion of the project unless other payment terms are agreed to by the parties and set forth in the Statement of Work attached hereto. A 5% retainage of the awarded project amount will be withheld until final inspection and acceptance by the Project Manager. Page 364 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 6. The Contractor shall guarantee all labor and material used in the performance of this Contract for a period of one year from the final written approval by the City or as per the Request for Qualification and Specifications. 7. This Contract includes Attachment A - General Terms and Conditions as printed and set forth in the following pages, and the Contractor, by executing this Contract, agrees to comply with all such General Terms and Conditions. In addition, to the general terms and conditions,any Exhibits provided by the Contractor, shall be incorporated and made a part of this Contract. All additional documents shall be clearly marked and delineated as an Exhibit. CITY OF ENGLEWOOD By: Date: (Department Director) By: ________________________________ Date: __________________ (City Manager) By: ________________________________ Date: __________________ (Mayor) ATTEST: City Clerk _______________________________ Contractor (print company name) By: _____ Date: (Signature) _______________________________ (Print name and Title) NOTE: Federal Regulations (Code Sections 6041 and 6209) require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer. The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number. In order to comply with these regulations, the City requires your federal tax identification number or Social Security Number, whichever is applicable. Terracare Associates JUSTIN STEWART (May 10, 2019) JUSTIN STEWART May 10, 2019 JUSTIN STEWART Page 365 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 ATTACHMENT A – GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1. PROPOSAL ACCEPTANCE. Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at any time within sixty (60) days after the receipt of quotes unless otherwise stipulated. The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote. All contracts over $25,000 are subject to approval by City Council. This contract and any attachments are not valid until such approval has been obtained. 2. SITE EXAMINATION. If applicable, Contractor must examine the site and certify all measurements, specifications and conditions affecting the work to be performed at the site. By submitting their quote, the Contractor warrants that he or she (hereinafter he or his) made such site examination as they deem necessary regarding the condition of the site; its accessibility for materials, workmen and utilities and the Contractor’s ability to protect existing surface and subsurface improvements. No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3. EQUIPMENT AND LABOR. The Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein described. The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4. SUBCONTRACTORS. Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work. If Contractor shall subcontract any part of this contract, Contractor shall be fully responsible to the City for acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the contract documents shall create any contractual relations between any subcontractor and the City. 5. DEFAULT BY CONTRACTOR. When Contractor, or any subcontractor, or vendor shall fail to deliver any article or service or shall deliver any article or service which does not conform to the work specifications or the Statement of Work, the City may, upon five (5) business days’ prior written notice describing the default, at its option, annul and set aside the contract entered into with said Contractor, subcontractor or vendor either in whole or in part, and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancel any articles or services which the Contractor may be unable to furnish because of economic conditions, governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City, if requested. 6. CONTRACT CHANGES. No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7. WORKERS. Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any unfit person or anyone not skilled in work assigned to him or her. Any person in the employ of the Contractor who the City may deem incompetent or unfit shall be dismissed from the job site and shall not again be employed at the site without written consent from the City. 8. SUBSTITUTIONS. No substitutions of materials or persons from those specified in the Statement of Work shall be made without the prior written approval of the City. 9. CONTRACTOR SUPERVISION. Contractor shall provide competent supervision of personnel employed on the job site, use of equipment, and quality of workmanship. 10. CLEAN UP. Debris shall be removed from the premises. The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11. ACCESS TO WORK. City representatives shall at all times have access to work wherever it is in preparation or progress. Contractor shall provide safe and proper facilities for such access. 12. PROTECTION OF WORK AND PROPERTY. The Contractor shall erect and properly maintain at all times, as required by conditions and progress of work, all necessary safeguards, signs, barriers, lights, and watchmen for protection of workmen and the public, and shall post danger signs warning against hazards created by such features in the course of the construction. 13. OCCUPANCY. The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract, nor shall such occupancy extend the date specified for substantial completion of the work. 14. ASSIGNMENT OF CONTRACT AND PURCHASE ORDER. The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties, or obligations under this contract without the prior written consent of the City. 15. FORCE MAJEURE CLAUSE. The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering, or performing by an act of God, fire, strike, loss, shortage of transportation facilities, lock-out, or the commandeering of materials, products, plants or facilities by the government; when satisfactory evidence thereof is presented to the other party(ies), provided that it is satisfactorily established that the non-performance is not due to the fault or neglect of the party not performing. 16. HOLD HARMLESS CONTRACT. The Contractor shall save, defend, hold harmless and indemnify the City from and against any and all losses, damages, liabilities, claims, and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy, use, service, operations, or performance of work on property under the terms of this contract by any employee, agent, or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City. 17. PAYMENT. Unless otherwise specified, the Contractor shall render invoices for materials delivered or services performed under the Contract or Purchase Order. The City shall make payment for materials, supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30) days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence reasonably required by the City including the satisfactory release Page 366 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 of all liens or claims for liens by subcontractors, laborers, and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18. PERMITS AND LICENSES. The Contractor and all of his employees, agents, and subcontractors shall secure and maintain in force, at Contractor’s sole cost and expense, such licenses and permits as are required by law, including any licenses or permits required by the City in connection with the furnishing of materials, supplies, or services herein listed. 19. CONTRACTOR NOT AN OFFICER, EMPLOYEE, OR AGENT OF THE CITY. While engaged in or carrying out other terms and conditions of the Contract or Purchase Order, the Contractor is an independent Contractor, and not an officer, employee, agent, partner, or joint venture of the City. 20. CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE. The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City. Except for worker’s compensation insurance, the policy shall not be amended or modified and the coverage amounts shall not be reduced without the City’s prior written consent. The City shall be named as an additional insured and be furnished thirty (30) days written notice prior to cancellation. The Contractor shall not allow any subcontractor, employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a) INSURANCE TYPES AND AMOUNTS. The City requires the following minimum amounts of insurance coverage: Commercial General Liability in the amount of $3,000,000 per occurrence; Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence; and Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence. The above amounts may be amended upward or downward depending on the overall cost of the services provided, and only with the approval of the City. b) WORKER'S COMPENSATION INSURANCE. The Contractor shall procure and shall maintain during the life of this contract, Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract and in case of any such work subcontracted, the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Worker's Compensation Insurance. c) CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE. The Contractor and any subcontractor shall procure and shall maintain during the life of this contract, Contractor’s Public Liability Insurance in an amount not less than $1,000,000 for injuries, including accidental death to any one person, and subject to the same limit for each person, in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractor’s Property Damage Insurance in an amount not less than $1,000,000. 21. WARRANTY/QUALITY. The Contractor, manufacturer, or their assigned agents shall guarantee the workmanship, product or service performed against defects or failures of materials for a minimum period of one (1) year from delivery or the final completion date for the work. All workmanship and merchandise must be warranted to be in compliance with applicable Colorado energy, conservation, and environmental standards; unless a longer minimum period is required in the statement of work. Contractor shall furnish all manufactures’ and supplier’ written guarantees and warrantees covering materials and equipment furnished pursuant to this Contract or Purchase Order. 22. ASSIGNMENT OF CLAIMS. In submitting a quote on this project, the Contractor or any subcontractor agreeing to supply goods, services, or materials, and entering into this contract, the Contractor and/or subcontractor do offer and agree to assign to the City all rights, title, and interest in and to all causes of action it may have pursuant this contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23. COMPLIANCE WITH LAWS. Contractor shall give all notices and comply with all laws, ordinances, rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work. If Contractor observes that any of the work required by this contract is at variance with any such laws, ordinances, rules or regulations, Contractor shall notify the City, in writing, and, at the sole option of the City, any necessary changes to the scope of work shall be made and this contract shall be appropriately amended, in writing, or this contract shall be terminated effective upon Contractor’s receipt of a written termination notice from the City. If Contractor performs any work knowing it to be in violation of such laws, ordinances, rules or regulations and without first notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24. TIME IS OF THE ESSENCE. Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25. GOVERNING LAW. This contract shall be governed by and construed in accordance with the laws of the State of Colorado. Venue will be proper in Arapahoe County, CO. 27. 26. NO ORAL MODIFICATION. Any waiver, amendment, modification, consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 28. 27. TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). Any provision of this contract or its attachments which imposes upon the City, directly or indirectly, any financial obligation whatsoever to be performed or which may be performed in any fiscal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29. DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act, C.R.S. 24-72-201 et. seq. In the event a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Contract of such request. Page 367 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 30. ATTORNEY’S FEES. In the event that either party to this Contract shall commence any action against the other party arising out or or in connection with this Contract, or contesting the validity of the Contract or any provisions of the Contract, the prevailing party shall be entitled to recover from the other party reasonable attorney’s fees and related costs, and fees and expenses incurred by the prevailing party in connection with such action or proceeding. 31. VERIFICATION OF COMPLIANCE WITH C.R.S. 8- 17.5-101 ET.SEQ. REGARDING HIRING OF ILLEGAL ALIENS (a) Employees, Contractors and Subcontractors: Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract. [CRS 8-17.5-102(2)(a)(I) & (II).] (b) Verification: Contractor will participate in either the E-Verify program or the Department program, as defined in C.R.S. 8-17.5-101 (3.3) and 8-17.5-101 (3.7) respectively, in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services. Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c) Duty to Terminate a Subcontract: If Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien, the Contractor shall; (1) notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) terminate the subcontract with the subcontractor if, within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien; except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor had not knowingly employed or contracted with the illegal alien. d) Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S. 8-17.5-102 (5). (e) Damages for Breach of Contract: The City may terminate this contract for a breach of contract, in whole or in part, due to Contractor’s breach of any section of this paragraph or provisions required pursuant to C.R.S. 8-17.5-102. Contractor shall be liable for actual and consequential damages to the City in addition to any other legal or equitable remedy the City may be entitled to for a breach of this Contract under this Paragraph 29. (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) Page 368 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 SCHEDULE A OUTLINE OF STATEMENT OF WORK Englewood Environmental Foundation, Inc. (EEF) Landscaping and Grounds Maintenance Services 1. GENERAL Englewood Environment Foundation Inc. will award Landscaping and Grounds Maintenance Services where vendor will supply all labor, materials, equipment and I incidentals necessary to provide appropriate landscaping and grounds maintenance services at the Englewood Environmental Foundation property. 2. NAMES OF PROJECT COORDINATORS Contractor: EEF Coordinator: TerraCare Associates, Inc. Martin Hernandez (303) 9019561 (303) 762 - 2540 Aeriell.earleywine@myterracare.net mhernandez@englewoodco.gov 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK To provide EEF with high quality landscaping & ground maintenance Services in order to provide safe and convenient facilities for the public Typical services May include, but are not limited to: general cleaning of all common areas including sidewalks, planters, roadways, grassed areas, and the parking garage. Different seasons of the year will dictate different maintenance activities such as leaf removal, grass cutting, tree trimming, etc. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) N/A 5. OTHER RESOURCES EEF shall designate an individual to serve as the contact person for the contractor, also described as the EEF representative The EEF representative shall enable contractor access to various sites, as needed EEF shall provide up to three (3) designated parking spots within the parking garage for equipment used to execute this Contract Page 369 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Day Porter Services (Daily) Provide one (1) person and associated equipment during the following hours: o Monday thru Friday from 7:00 a.m. to 2:00 p.m. o Saturday from 7:00 a.m. to 12 noon For a total of 40 hours per week Monitor, collect and dispose of debris and trash from all areas including benches, planter beds and planted areas Dispose of all collected materials in the dumpster located in the on-site trash enclosure Collect any private shopping carts and stockpile them in the on-site trash enclosure for disposal by the EEF Empty all trash receptacles (approximately 55 total) on sidewalks and replace trash liners, as needed Collect commercial trash (approximately 10 locations) from the piazza and north side of Englewood Parkway buildings and dispose of in the on-site trash enclosure Sweep and mop RTD elevator at least three (3) times per day Clean interior of RTD elevator to include: interior walls, doors & glass, exterior glass on both landings Conduct periodic checks of the elevator throughout the day to address any cleaning needs in a timely manner Sweep and spot clean/mop stairways (five (5) total) in parking garage; wipe down handles Remove all flyers, posters, advertisements and graffiti placed on light poles, trash receptacles, walls, benches, etc. Collect pet feces from the designated dog walking area and other areas around the site, where deposited Perform property inspection of the entire site and notify EEF representative of any property damage, vandalism, lighting issues, illegal dumping or missing signage Specialty Services Power Washing Provide mechanized power washing of all concrete surfaces, per the attached map; this will include sidewalks, walk ways, stair ways, pedestrian ramps and the exterior of all concrete planters Building windows adjacent to areas that are power washed shall be cleaned immediately after power washing operations and prior to store operations resuming on the next business day Dates & times for services to be coordinated with the EEF representative Page 370 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 Special requests for power washing (outside of the two times per year requirement) may be requested by the Owner and paid at the hourly rate provided Grass Cutting & Trimming Grass clippings shall not be bagged but shall be left on the turf areas Grass clippings shall not be blown onto or in any way deposited in paved areas, including streets, nor in the storm sewer system Grass clippings shall be blown into piles, swept up and disposed of in the EEF trash enclosure The Contractor shall supply herbicides and fertilizer that is environmentally friendly and approved as safe for use near people & animals The Contractor shall submit proposed herbicide and fertilizer to the EEF representative, along with MDS sheets, prior to purchase. EEF representative will review and provide written approval or denial of material. Irrigation Repair & Maintenance Complete minor repairs & replace components of the irrigation system, as needed Start up system in spring; check & repair any leaks or broken components Winterize system in fall Program clocks, as needed Inspect backflow prevention devices annually 7. SPECIAL TERMS, IF ANY Blowing or depositing grass clippings or any other organic material on paved surfaces or in the storm sewer system is a violation of the city’s MS4 permit and is subject to fines and penalties including possible termination of the contract. 8. MODE OF PAYMENT Payment by check once invoice is received and approved 9. PAYMENT SCHEDULE Invoices shall be submitted monthly and shall detail the hours utilized, according to the Pricing Worksheet, at the contract rates. 10. SCHEDULE AND PERFORMANCE MILESTONES N/A Page 371 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 Power Washing Schedule Location Frequency Allowable Time Periods Englewood Parkway, Inca St, Floyd Ave & Galapago St 2 times per year Saturday or Sunday, 5:00 p.m. to 8:00 p.m. Piazza/Amphitheater 2 times per year Weekdays, 7:00 a.m. to 4:00 p.m. Civic Center Sidewalks & Walk Way 2 times per year Weekdays, 7:00 a.m. to 4:00 p.m. RTD Bridge & Ramps 2 times per year Saturday or Sunday, 5:00 p.m. to 8:00 p.m. Parking Garage Stair Ways, Walk Ways & Pedestrian Ramps 2 times per year Saturday or Sunday, 5:00 p.m. to 8:00 p.m. Landscaping/Tree Trimming Schedule Location Frequency Allowable Time Periods Trim all trees & bushes 2 times per year 6:00 a.m. to 6:00 p.m. Replenish mulch in planting areas 1 time per year (spring) 6:00 a.m. to 6:00 p.m. Plant annuals in planter beds 1 time per year (spring) 6:00 a.m. to 6:00 p.m. Identify & replace any dead/dying shrubs in planter beds As needed 6:00 a.m. to 6:00 p.m. Leaf collection & disposal Weekly, in fall 6:00 a.m. to 6:00 p.m. Grass Cutting & Trimming Schedule Location Frequency Allowable Time Periods Mow all turf areas 1 time per week 6:00 a.m. to 6:00 p.m. Edge all turf areas 1 time per week 6:00 a.m. to 6:00 p.m. Blow all grass clippings off of paved surfaces; collect and dispose of appropriately 1 time per week 6:00 a.m. to 6:00 p.m. Apply herbicide & fertilizer to all turf areas; install warning signage per manufacturer’s guidelines 3 times per year (spring, summer, fall) 6:00 a.m. to 6:00 p.m. Page 372 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 11. ACCEPTANCE AND TESTING PROCEDURES The EEF representative shall inspect the work to verify compliance with specifications and industry and performance standards. Work that does not meet specifications will be corrected in accordance with contract provisions, at no additional cost to EEF. 12. LOCATION OF WORK FACILITIES Northeast quadrant of Highway 285 and S. Santa Fe Drive in Englewood, Colorado. The property is owned by the Englewood Environmental Foundation, Inc. (EEF) Services shall be provided for the following buildings/sites: Englewood Civic Center Parking Garage Bridge to RTD Light Rail Station (including elevator and ramps) Amphitheater Fountain area/front lawn Sidewalks/Walk Ways/Pedestrian Ramps Paved Roadways & Parking Lots within the EEF area (as shown on the attached map) Page 373 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 IN WITNESS WHEREOF, pursuant and in accordance with the Services Agreement between the parties hereto dated _______________, 20__, the parties have executed this Statement of Work as of this ______ day of ________________, 20__. CITY OF ENGLEWOOD, COLORADO By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ ____________________________________ Company Name By: (Signature) _________________________________ (Print Name) Title: Date: _______________________________ Page 374 of 460 ______________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 ATTACHMENT B CONTRACTOR’S PROPOSAL (If necessary) Page 375 of 460 KEY Day Porter Power Washing Landscaping Tree Trimming Leaf C&D Mowing Apply H&F Service Call Mulch Markup Planting Markup Irrigation Parts Markup H&F Markup 2,400.00$ 5,150.00$ 65.00$ 6,800.00$ 390.00$ 780.00$ 1,350.00$ 300.00$ 25%30%20%30% 1,512.03$ 1,105.65$ 52.00$ 2,118.62$ 613.28$ 315.53$ 720.56$ 125.00$ 15%15%15%15% 1,280.00$ 22,500.00$ 45.00$ 13,000.00$ 700.00$ 800.00$ 1,650.00$ 55.00$ 20%20%20%20% 2,400.00$ 17,709.00$ 60.00$ 13,770.00$ 1,640.00$ 1,200.00$ 1,153.00$ 85.00$ 50%50%50%50% 1,890.00$ 45,256.00$ 55.00$ 36,412.00$ 141.00$ 516.00$ 330.00$ 75.00$ 20%20%20%20% AVERAGE SCORE Ground 2.20 TerraCare 1.50 Angles 3.20 Cocal 2.40 2019 EEF LANDSCAPING VENDOR SCORECARD VENDOR PRICING AND SCORING The following pricing and scoring sheet is for the City of Englewood EEF LANDSCAPING SERVICES and is graded based on overall value. Emerald Isle Landscaping Company Name Ground Services Disqualified, incomplete documents Terracare Associates Angles Specialty Services CoCal Landscape Services Page 376 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria Sobota DEPARTMENT: Finance & Administrative Services DATE: May 20, 2019 SUBJECT: Motion to Approve Englewood Environmental Foundation (EEF) Audit Contract with Eide Bailly DESCRIPTION: Motion to Approve Englewood Environmental Foundation (EEF) Audit Contract with Eide Bailly RECOMMENDATION: Staff recommends that City Council approve by Motion a contract with Eide Bailly to audit EEF. PREVIOUS COUNCIL ACTION: On March 19, 2018 the City Council voted not to enter into a Professional Services Agreement for a performance audit of both the Englewood Environmental Foundation (EEF) and the Englewood McLellan Reservoir Foundation (EMRF). On November 5, 2018 Staff presented an overview of EEF and discussed two recommendations for future Council action: • A process by which the City Council would become the Board members for EEF; and; • A forensic audit of EEF finances from inception to current date. On this date, City Council asked Staff to develop a Statement of Work recommending Audit review topics. On Dec 3, 2018, Staff sought City Council's review of the Statement of Work (SOW) to be attached to the Request for Proposal(RFP) for an EEF Audit. On January 28, 2019 City Council observed the opening by Staff of the Englewood Environmental Foundation (EEF) RFP 18-045 sealed bid responses during the Study Session. Copies were made by Staff directly following the bid opening and copies were distributed to Council in preparation for further discussion regarding vendor selection scheduled for February 11, 2019. On February 11, 2019 City Council discussed the RFP 18-045 bid responses and advised Staff of the selected firm(s) to interview. Staff recommended that City Council consider the following five (5) criteria when discussing the proposals: • Cost • Ability to address Statement of Work (SOW) requirements and proven experience in conducting forensic audits Page 377 of 460 • Demonstrated examples and excellent reputation of performing forensic audits, including discovering deficiencies in controls that could lead to fraud • Ability to complete audit within time period specified in the SOW • Clarity and conciseness of proposal On April 16, 2019 the following firms were interviewed by City Council in the Englewood Civic Center's Community Room: • Eide Bailly (Denver) • Colorado Independent Consultants Network LLC (Denver) • Marsh Minick (Oregon) via Skype On April 22, 2019, City Council selected Eide Bailly to perform the EEF Audit. Council requested that Finance Director, Maria Sobota serve as the City's project manager for the daily management of the audit while any decision making regarding the audit will remain with City Council so as to eliminate any conflict of interest perception. SUMMARY: Staff is requesting City Council to review and approve the attached contract with Eide Bailly to conduct the EEF audit. ANALYSIS: N/A FINANCIAL IMPLICATIONS: The audit will be funded out of the EEF Unrestricted Cash line item in an amount not to exceed $73,500. ALTERNATIVES: N/A CONCLUSION: Staff is recommending City Council approve the attached Eide Bailly contract for the EEF Audit. ATTACHMENTS: PSA 19-43 Eide Bailly LLP (Including Engagement Letter & Schedule A) Contract Summary Approval Sheet Eide Bailly RFP Response Page 378 of 460 Contract Approval Summary March 2019 Update Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number: Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Maria Sobota Phone: 303-762-2415 Title: Finance Director Email: mj.sobota@comcast.net Vendor Contact Information Vendor Name: Eide Bailly Vendor Contact: Kimberely Higgins, CPA Vendor Address: 7001 E. Belleview Ave 700 Vendor Phone: 303-770-5700 City: Denver Vendor Email: KHiggins@eidebailly.com State: CO Zip Code:80237 Contract Type Contract Type:Professional Services Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☒Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: June 2019 End Date: Estimated – Sept 2019 Total Years of Term: N/A Total Amount of Contract for term (or estimated amount if based on item pricing): Not to Exceed $ 73,340 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: No. Payment terms (please describe terms or attach schedule if based on deliverables): Attachments: ☐Copy of original Contract if this is an Amendment ☒Copies of related Contracts/Conveyances/Documents Englewood Environmental Foundation (EEF) Audit Page 379 of 460 Contract Approval Summary March 2019 Update Page | 2 Source of Funds: Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor (Check Box): ☐Bid: ☐ Bid Evaluation Summary attached ☐ Bid Response of Proposed Awardee ☒RFP: ☐ RFP Evaluation Summary Attached ☒ RFP Response of Proposed Awardee ☐Quotes: Copy of Quotes attached ☐Optimal Source: Provide Detailed Explanation: ☐ Sole Source (Use as much space as necessary for detailed explanation): ☐ Qualification Based Selection / Best Value* (Continue on Next Page): *Note: Qualifications Based Selection / Best Value Justification detailed explanation may include the following information, but is not limited to: 1.) Product and provider reliability 2.) Product and project understanding 3.) Product availability / Low risk solution 4.) Ability to connect to with current City of Englewood IT systems 5.) Familiarization with the City of Englewood CAPITAL ONLY A B C 1 = A-B-C EEF-Cash Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Available Funds 4/30/19 Spent to Date Contract Amount Budget Remaining Cash 2019 NA EEF Unrestricted Cash 279,479.91$ 73,340.00$ 206,139.91$ -$ -$ -$ -$ -$ -$ -$ -$ Total by Fund - Current Year 279,479.91$ -$ 73,340.00$ 206,139.91$ C -$ -$ -$ -$ O -$ -$ -$ -$ Total by Fund - Year Two -$ -$ -$ -$ Grand Total 279,479.91$ -$ 73,340.00$ 206,139.91$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Page 380 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 1 PSA # 19-43 PROFESSIONAL SERVICES AGREEMENT Contract Number PSA/19-43 EEF Professional Services (Not to Exceed $73,340) This Professional Services Agreement (the “Agreement”) is made as of this _____ day of ____________, 20__, (the “Effective Date”) by and between Eide Bailly, LLP, a limited liability partnership (“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 Schedule A (the “Statement of Work”) for City, and in such additional Statements of Work as may be Page 381 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 2 PSA # 19-43 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. As provided in an engagement letter addressing the Statement of Work for Services, City shall pay the amounts agreed to in a Statement of Work upon issuance of a bill from the Contractor. All bills are payable upon receipt. A service charge of 1% per month, will be added to all accounts unpaid thirty (30) days after billing date. 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 an engagement letter/Statement of Work or which have been approved in advance in writing by City, provided Consultant has furnished such Page 382 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 3 PSA # 19-43 documentation for authorized expenses as City may reasonably request. 7. Term and Termination. The term of this Agreement shall commence on the Effective Date, as first above written, and shall continue for one year, unless this Agreement is terminated as provided in this Section 8. At the end of the initial one year period, the parties may extend this Agreement by the execution of a renewal amendment extending the Agreement for an additional one year period. Such renewal shall be accompanied by a new Statement of Work and an acknowledgement by the parties the renewal will incorporate all of the original terms and conditions of this Agreement. (a) Convenience. City may, without cause and without penalty, terminate the provision of Services under any or all Statements of Work upon thirty (30) days prior written notice. Upon such termination, City shall, upon receipt of an invoice from Consultant, pay Consultant for Services actually rendered prior to the effective date of such termination. Charges will be based on time expended for all incomplete tasks as listed in the applicable Statement of Work, and all completed tasks will be charged as indicated in the applicable Statement of Work. (b) No Outstanding Statements of Work. Either party may terminate this Agreement by providing the other party with at least thirty (30) days prior written notice of termination if there are no outstanding Statements of Work. (c) Material Breach. If either party materially defaults in the performance of any term of a Statement of Work or this Agreement with respect to a specific Statement of Work (other than by nonpayment) and does not substantially cure such default within thirty (30) days after receiving written notice of such default, then the non-defaulting party may terminate this Agreement or any or all outstanding Statements of Work by providing ten (10) days prior written notice of termination to the defaulting party. (d) Bankruptcy or Insolvency. Either party may terminate this Agreement effective upon written notice stating its intention to terminate in the event the other party: (1) makes a general assignment of all or substantially all of its assets for the benefit of its creditors; (2) applies for, consents to, or acquiesces in the appointment of a receiver, trustee, custodian, or liquidator for its business or all or substantially all of its assets; (3) files, or consents to or acquiesces in, a petition seeking relief or reorganization under any bankruptcy or insolvency laws; or (4) files a petition seeking relief or reorganization under any bankruptcy or insolvency laws is filed against that other party and is not dismissed within sixty (60) days after it was filed. (e) TABOR. The parties understand and acknowledge that each party is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or 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 Page 383 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 4 PSA # 19-43 (including any Confidential Information, as defined in Section 10 of the other party that it may have in its possession or control. 8. 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. 9. 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. 10. 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 10. Further, each party agrees not to alter or remove any identification, copyright or other proprietary rights notice which indicates the ownership of any part of such Confidential Information by the other party. A party hereto shall undertake to immediately notify the other party in writing of all circumstances surrounding any possession, use or knowledge of Confidential Information at any location or by any person or entity other than those authorized by this Agreement. Notwithstanding the foregoing, nothing in this Agreement shall restrict either party with respect to information or data identical or similar to that contained in the Confidential Information of the other party but which (1) that party rightfully possessed before it received such information from the other as evidenced by written documentation; (2) subsequently becomes publicly available through no fault of that party; (3) is subsequently furnished rightfully to that party by a third party without restrictions on use or disclosure; or (4) is Page 384 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 5 PSA # 19-43 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 10, 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 10, 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 10 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 10. The provisions of this Section 10 shall survive the expiration or termination of this Agreement for any reason. 11. 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. 12. Warranties. (a) Authority. Consultant represents and warrants that: (1) Consultant has the full corporate right, power and authority to enter into this Agreement and to perform the acts required of it hereunder; (2) the execution of this Agreement by Consultant, and the performance by Consultant of its obligations and duties hereunder, do not and will not violate any agreement to which Consultant is a party or by which it is otherwise bound under any applicable law, rule or regulation; (3) when executed and delivered by Consultant, this Agreement will constitute the legal, valid and binding obligation of such party, enforceable against such party in accordance with its terms; and (4) Consultant acknowledges that City makes no representations, warranties or agreements related to the subject matter hereof that are not expressly provided for in this Agreement (b) Service Warranty. Consultant warrants that its employees and consultants shall have sufficient skill, knowledge, and training to perform Services and that the Services shall be performed in a professional 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. Consultant shall require employees providing Services at a City location to comply with applicable City security and safety regulations and policies. Page 385 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 6 PSA # 19-43 (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. 13. 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 13 shall apply unless the party claiming indemnification notifies the other party as soon as practicable to avoid any prejudice in the claim, suit or proceeding of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge and gives the other party the opportunity to control the response thereto and the defense thereof; provided, however, that the party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a third party and to be represented by its own attorneys, all at such party’s cost and expense; provided further, however, that no settlement or compromise of an asserted third- party claim other than the payment/money may be made without the prior written consent of the party claiming indemnification. (d) Immunity. City, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. 24-10-101 et seq., as from time to time amended, or otherwise available to City, its officers, or its employees. Page 386 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 7 PSA # 19-43 14. 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. 15.Rights in Work Product. (a)Generally. Except as specifically agreed to the contrary in any Statement of Work, all Intellectual Property Rights in and to the Work Product produced or provided by Consultant under any Statement of Work shall remain the property of Consultant. With respect to the Work Product, Consultant unconditionally and irrevocably grants to City during the term of such Intellectual Property Rights, a non-exclusive, irrevocable, perpetual, worldwide, fully paid and royalty-free license, to reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such Intellectual property Rights. (b) Know-How. Notwithstanding anything to the contrary herein, each party and its respective personnel and consultants shall be free to use and employ its and their general skills, know-how, and expertise, and to use, disclose, and employ any generalized ideas, concepts, know-how, methods, techniques, or skills gained or learned during the course of any assignment, so long as it or they acquire and apply such information without disclosure of any Confidential Information of the other party. 16.Relationship of Parties. Consultant is acting only as an independent consultant and Page 387 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 8 PSA # 19-43 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. 17.Complete Agreement. This Agreement contains the entire agreement, including all Exhibits, Engagement Letter, Statements of Work and other Attachments that have been executed by the parties, and are attached hereto and made a part of this Agreement. 18. 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, each party shall be responsible for their own attorney fees in the event an action is commenced against the other party. 19.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. 20.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. 21.Sub-consultants. Consultant may not subcontract any of the Services to be provided hereunder without the prior written consent of City. In the event of any permitted subcontracting, the agreement with such third party shall provide that, with respect to the subcontracted work, such sub-consultant shall be subject to all of the obligations of Consultant specified in this Agreement. 22.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. 23.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. Page 388 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 9 PSA # 19-43 24.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. 25.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. 26.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. 27.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. 28.Time of Performance. Time is expressly made of the essence with respect to each and every term and provision of this Agreement. 29.Permits. Consultant shall at its own expense secure any and all licenses, permits or certificates that may be required by any federal, state or local statute, ordinance or regulation for the performance of the Services under the Agreement. Consultant shall also comply with the provisions of all Applicable Laws in performing the Services under the Agreement. At its own expense and at no cost to City, Consultant shall make any change, alteration or modification that may be necessary to comply with any Applicable Laws that Consultant failed to comply with at the time of performance of the Services. 30.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. 31.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 Page 389 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 10 PSA # 19-43 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. 32. Survival. The provisions of Sections 5, 7(f), 9, 10, 12, 13, 15, 16, 18, 22, 24 and 30 shall survive any expiration or termination for any reason of this Agreement. 33. 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 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 33. Page 390 of 460 ___________________________________________________________________________________________________ 1000 Englewood Parkway, Englewood, Colorado 80110-2373 (303) 762-2300 www.englewoodgov.org 11 PSA # 19-43 IN WITNESS WHEREOF, the parties to this Agreement have caused it to be executed by their authorized officers as of the day and year first above written. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. CITY OF ENGLEWOOD, COLORADO By: ___________________________________Date:___________ (Department Director) By: ___________________________________Date:___________ (City manager) By: __________________________________Date:____________ (Mayor) ATTEST: City Clerk ______________________________________ (Consultant Name) ______________________________________ Address ______________________________________ City, State, Zip Code By: (Signature) ________________________________ (Print Name) Title: ______________________________ Date: ______________________________ Eide Bailly LLP 7001 E. Belleview Ave., Suite 700 Denver, CO 80237 Kimberley K. Higgins Partner May 15, 2019 Page 391 of 460 What inspires you, inspires us. | eidebailly.com 7001 E. Belleview Ave., Ste. 700 | Denver, CO 80237-2733 | TF 866.740.4100 | T 303.770.5700 | F 303.770.7581 | EOE May 20, 2019 City of Englewood 1000 Englewood Parkway Englewood, CO 80110 RE: Englewood Environmental Foundation Forensic Accounting Examination This letter confirms the engagement of Eide Bailly LLP by the City of Englewood as of _______, 2019. Scope of Engagement We are engaged on behalf of the City of Englewood to conduct a forensic accounting examination of the Englewood Environmental Foundation (“EEF”) from August 14, 1997 through March 31, 2019. The services we are to provide include, and are limited to: Investigate, document, and/or solicit evidence regarding potential questionable activity. Employ forensic accounting methodologies commonly used during an examination to search for misuse or misappropriation of assets and cash. Communicate our findings to you (both orally and in writing). Provide civil and/or criminal litigation support as needed. Our engagement is further explained in our Statement of Work (Schedule A, attached) and will be conducted in accordance with lawful consulting techniques which include but are not limited to: examination of books and records; voluntary interviews of appropriate personnel; and other such evidence-gathering procedures as necessary under the circumstances. Due to the hidden nature of fraud, we cannot provide assurances that fraud, if it exists, will be uncovered because of our engagement. However, we will report to you on a regular basis, thus providing you with a sense of progress in terms of cost and findings. City of Englewood accepts responsibility for the results of the services being provided and agrees to perform the following functions in connection with this engagement: Make all management decisions and perform all management functions. Designate a competent individual to oversee the services. Evaluate the adequacy and results of the services performed. Accept responsibility for the results of the services. Establish and maintain internal controls, including monitoring ongoing activities. Page 392 of 460 2 We will begin our procedures upon acceptance of this engagement agreement. If delays are experienced in receiving information, the delivery of the report will be delayed accordingly. Should we experience difficulties in these areas we will inform you promptly and discuss the effect on our timetable with you. You also agree that we may discuss this engagement with other partners or associates in our firm for the purpose of obtaining expertise, research materials or other matters essential to this engagement. You agree to accept the limiting conditions as listed in our report and to the scope of the report. You also agree that we may disengage ourselves from this engagement for any reason You understand that any written reports or other documents we may prepare are to be used only for the purpose of litigation and/or internal use associated with any findings discovered, as a result of our engagement. Such reports or other documents will be submitted to you and may not be published or used for any other purposes without our written consent. In the event that a Disclosing Party receives an Open Records request, the Disclosing Party shall notify the other party to this Agreement of such request. We, along with others in our firm, will be available to assist you in the case referenced above. We will consult with you regularly as to the specifics of what services you wish us to perform. In addition, we may make recommendations to you concerning services to be performed by us that we believe will be helpful in this matter. In any case, our services will be performed at your direction and approval. As consultants, we will communicate directly to you regarding the matters you ask us to investigate. We will also communicate to you any conflicts of interest that we may become aware of, any significant reservations concerning the scope or benefits of the engagement, and any significant findings or events. Any information, work papers, or conclusions developed, as well as any communications or documents, will not be divulged to other persons including your client without your prior approval. If you elect to have us provide expert witness services, we understand that any work performed by us, as well as information disclosed to us for this engagement, will be subject to discovery as appropriate for testifying expert witnesses. You will provide us, as promptly as possible, all requested information and documentation reasonably deemed necessary or desirable by us in connection with the engagement. You represent and warrant that all information and documentation provided or to be provided to us is true, correct and complete, to the best of your knowledge and belief. We are authorized to rely upon such information and documentation without independent investigation or verification. Timeline Should we experience difficulties in these areas we will inform you promptly and discuss the effect on our timetable with you . You also agree that we may discuss this engagement with other partners or associates in our firm for the purpose of obtaining expertise, research materials or other matters essential to this engagement. You also agree that we may disengage ourselves from this engagement for any reason. Page 393 of 460 3 Fees Eide Bailly LLP is dedicated to professionalism and service to our clients. While professional fees should be reasonable, they must be representative of the professional quality of the services to be provided. Our fees are based upon the amount of time required to complete the assignment. The fees for our forensic accounting examination will be billed at $190/hour for all work conducted and total fees for engagement will not exceed $73,340 should an Internal Control Examination (“ICE”) not be conducted separately. We will bill out-of-pocket expenses as incurred. Expenses to be reimbursed to us include, but are not limited to: travel, lodging, food, telephone, photocopying and facsimile charges. Automobile mileage will be reimbursed at the rate of $0.58 per mile. Travel time will be charged at half the standard hourly rates identified. Due to inflation or other cost-of-living increases, hourly rates may increase slightly annually. One-month advance notice will be provided of any rate changes. In addition, we will be compensated for any time and expenses, including time and expenses of legal counsel, we may incur in conducting or responding to discovery requests or participating as a witness or otherwise in any legal, regulatory, or other proceedings as a result of our Firm’s performance of these services. You will receive, if lawful, a copy of every subpoena we are asked to respond to on your behalf and will have the ability to control the extent of the discovery process to control the costs you may incur. In accordance with our firm policies, work may be suspended if your account becomes 30 or more days overdue and will not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket expenditures through the date of termination. Should our relationship terminate before our examination procedures are completed and a report issued, you will be billed for services to the date of termination. All bills are payable upon receipt. A service charge of 1% per month, which is an annual rate of 12%, will be added to all accounts unpaid 30 days after billing date. If collection action is necessary, expenses and reasonable attorney's fees will be added to the amount due. Dispute Resolution The following procedures shall be used to resolve any disagreement, controversy or claim that may arise out of any aspect of our services or relationship with you, including this engagement, for any reason (“Dispute”). Specifically, we agree to first mediate. Mediation All Disputes between us shall first be submitted to non-binding mediation by written notice (“Mediation Notice”) to the other party. In mediation, we will work with you to resolve any differences voluntarily with the aid of an impartial mediator. The mediator will be selected by mutual agreement, but if we cannot agree on a mediator, one shall be designated by the American Arbitration Association (“AAA”). The mediation will be conducted as specified by the mediator and agreed upon by the parties. The parties agree to discuss their differences in good faith and to attempt, with the assistance of the mediator, to reach an amicable resolution of the Dispute. Mediation will be conducted with the parties in person in Denver, Colorado. Page 394 of 460 4 Each party will bear its own costs in the mediation. The fees and expenses of the mediator will be shared equally by the parties. Either party may commence suit on a Dispute after the mediator declares an impasse. Indemnity You agree that none of Eide Bailly LLP, its partners, affiliates, officers or employees (collectively “Eide Bailly”) shall be responsible for or liable to you for any misstatements in your financial statements and/or tax return that we may fail to detect as a result of knowing representations made to us, or the concealment or intentional withholding of information from us, by any of your owners, directors, officers or employees, whether or not they acted in doing so in your interests or for your benefit, and to hold Eide Bailly harmless from any claims, losses, settlements, judgments, awards, damages and attorneys’ fees from any such misstatement, provided that the services performed hereunder were performed in accordance with professional standards, in all material respects. Assignments Prohibited You agree that you will not and may not assign, sell, barter or transfer any legal rights, causes of actions, claims or Disputes you may have against Eide Bailly, its partners, affiliates, officers and employees, to any other person or party, or to any trustee, receiver or other third party. Conclusion We appreciate the opportunity to assist you and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign this copy and return it to us. If the need for additional procedures arises, our agreement with you will need to be revised. It is customary for us to enumerate these revisions in an addendum to this letter. Very truly yours, Accepted By: CITY OF ENGLEWOOD Signature Douglas Cash, MBA, CFE, CFI, CFCI Senior Manager Fraud & Forensic Advisory Services Title Date Page 395 of 460 5 SCHEDULE A OUTLINE OF STATEMENT OF WORK Forensic Accounting Examination 1. GENERAL Agreement as _______, 2019, between Eide Bailly, LLP, Fraud & Forensic Advisory Services and the City of Englewood, Colorado. Englewood Environmental Foundation Forensic Accounting Examination (“EEF”), Request No. RFP-18-045, Dated: December 19, 2018. 2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Douglas Cash, P. 303.586.8504, E. dcash@eidebailly.com Kimberley K. Higgins, P. 303.539.5905, E. khiggins@eidebailly.com 3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK We will conduct a Forensic Accounting Examination of all financial transactions related to the Englewood Environmental Foundation (“EEF”) from the date of inception through March 31, 2019. We will also provide recommendations relating to improvements for weaknesses in internal controls identified during our examination. These recommendations will include policy and procedures updates, additional segregation of duties, financial processes, authorization levels, monitoring, prevention and detection activities. For each fraud risk identified, we will evaluate mitigating controls based on two criteria: 1) adequacy of design, and 2) effectiveness of operations. 4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) Provide a direct contact to assist with arranging employee interviews within the City and EEF, IT support as needed to obtain data in a readable format, onsite workspace as needed and providing and/or locating any financial records required to complete our forensic examination. 5. OTHER CONSULTANT RESOURCES Eide Bailly’s forensic accounting professionals will perform onsite and offsite (Eide Bailly offices) analysis of as part of the engagement. Additional Eide Bailly professionals may assist as determined necessary by us to complete the engagement. Page 396 of 460 6 6.DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Upon the completion of document/accounting records examination and investigative analysis, a draft report will be provided for review prior to examination being finalized. The draft report will not include any workpapers, exhibits or attachments. Once the draft is approved, the examination will be finalized and all workpapers, exhibits and attachments will be delivered along with the final report. Report will be delivered in hard copy (number to be determined prior to delivery), an electronic copy to allow future dissemination by the City of Englewood. If desired, we will also appear at a city council meeting to make an in-person presentation and be available to discuss details of the examination. 7.SPECIAL TERMS, IF ANY N/A 8.MODE OF PAYMENT Payment on presented and approved monthly invoices to be paid within 30 days of acceptance. 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 Consultants report to City that the Deliverables-Milestones have been satisfied. We will utilize progressive billings in monthly increments for the forensic accounting examination. This will allow us to give you up-to-date oral progress reports and be able to have a better estimate of the time frame in which we will need to conclude our work. An invoice will be presented monthly as the engagement progresses, of all time and work conducted during the month and provided for review. Our work will occur in phases and the City will be billed at the conclusion of each phase. At no time, will engagement fees exceed $73,340 as listed in our initial proposal submission. Page 397 of 460 7 10.SCHEDULE AND PERFORMANCE MILESTONES Performance Milestone Responsible Party Total Time Estimate Target Dates Schedule key participant interviews, request documentation, review finance, purchasing and accounts payable policies and procedures, review EEF Articles of Incorporation, Review TABOR and municipal code. City of Englewood and/or Eide Bailly staff 50 - 60 hours Completion within 2 weeks of examination commencing. (June 2019) Conduct fraud risk and information gathering interviews of EEF key participants. Begin forensic accounting examination of provided financial and operational documentation. Request any additional documentation identified during the examination process. City of Englewood and/or Eide Bailly staff 125-150 hours Completion within 5 weeks of examination commencing. (July 2019) Complete forensic examination of EEF financial documentation. Begin report drafting and quality assurance review of findings. Eide Bailly staff 120-150 hours Completion within 8 weeks of examination commencing. (August 2019) Complete quality control review of fraud examination report. Provide completed examination report to city staff for preliminary review. Discuss and schedule delivery of completed examination report. Delivery report to city staff as agreed upon during discussions. City of Englewood and/or Eide Bailly staff 23-26 hours Completion within 12 weeks of examination commencing. (September 2019) TOTAL ENGAGEMENT COST Not to Exceed $73,340 Page 398 of 460 8 11.ACCEPTANCE AND TESTING PROCEDURES As indicated above, our forensic engagement will encompass 100% testing of financial transactions related to the Englewood Environmental Foundation (“EEF”) from the date of inception through March 31, 2019. We will also provide recommendations relating to improvements for weaknesses in internal controls identified during our examination. These recommendations will include policy and procedures updates, additional segregation of duties, financial processes, authorization levels, monitoring, prevention and detection activities. For each fraud risk identified, we will evaluate mitigating controls based on two criteria: 1) adequacy of design, and 2) effectiveness of operations. 12.LOCATION OF WORK FACILITIES Substantially all the work will be conducted by Consultant at the City of Englewood location and the Eide Bailly offices located in Englewood and Denver, Colorado, respectively and/or remotely depending on the location of support staff conducting the specific tasks. The City will provide the Eide Bailly team, office space and support as it agrees may be appropriate, at its appropriate facility. IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement between the parties hereto dated ______, 2019, the parties have executed this Statement of Work as of this ______ day of ________________, 2019. CITY OF ENGLEWOOD, COLORADO By: _________________________________ (Signature) _________________________________ (Print Name) Title: _________________________________ Date: _________________________________ Eide Bailly, LLP Consultant Name By: (Signature) Douglas Cash (Print Name) Title: Senior Manager Date: ____________ 2019 May 15, Page 399 of 460 January 28, 2019 Proposal for Audit Services CITY OF ENGLEWOOD ENGLEWOOD ENVIRONMENTAL FOUNDATION AUDIT Submitted By: Eide Bailly LLP Kimberley K. Higgins, CPA Partner Page 400 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION Cover Letter “WE WANT TO WORK WITH YOU” Thank you for the opportunity to propose on providing professional consulting services for the Englewood Environmental Foundation (“EEF”) on behalf of the City of Englewood (“the City”). Eide Bailly (“Firm”) has reviewed your Request for Proposal (“RFP”), including the Statement of Work and understands the requested services as well as the terms and conditions stated within. We are ready and willing to enter into a contract with EEF and the City. We understand your needs and are ready to provide the following professional consulting and related internal audit services, including professional analyses with our proven internal control systems and fraud detection experience, from inception (August 14, 1997) through 2018: • Perform an entity-wide review of EEF’s internal control environment related to financial policies and procedures (“P&P”); perform a risk assessment of financial P&Ps to identify areas for audit work; prioritize risks and develop an audit schedule for audit areas; audit key areas according to schedule, including compliance with TABOR. • Review and analyze applicable P&Ps of financial, purchasing, and accounts payable to address: control deficiencies (including segregation of duties), fraud, and lack of compliance with P&P, where applicable. • Review EEF’s contracts to determine whether: bids/quotes/RFPs conform with the City’s Municipal Code and related P&Ps; contracts are in place prior to commencement of work; payment processing occurs after contract and work completion; and proper approval prior to invoice processing. • Provide recommendations for strengthening internal controls and implementing best practices to lower identified risks and recommend services that will aid in fraud detection and prevention. • Quarterly reporting to the City on progress with a final report summarizing findings and recommendations. We want to work with EEF and the City, and believe we are the Firm of choice. We’ve served local and state government for more than 50 years and work with over 500 government clients throughout the nation. Please contact Kim or Audrey to discuss any aspect of this proposal. Sincerely, Kimberley K. Higgins, CPA Audrey Donovan, CIA, CGAP, CRMA Engagement Partner Senior Manager T 303.539.5905 T 303-586-853341 khiggins@eidebailly.com adonovan@eidebailly.com 1 EXPERIENCE Our experienced professionals are committed to the industries we serve. We focus on training, and we like to think of ourselves as thought leaders. 2 PEOPLE We’re a team of collaborators and innovators. Our culture is the heart of our firm, and we’re always working together to do things differently and better. 3 COMMUNICATIONS Open, honest, frequent communication ensures that you’re not in for any surprises. We’ll stay in touch throughout the year, so you feel understood, connected and confident. 4 CORPORATE RESPONSIBILITY We consider ourselves good corporate citizens—caring for our people, giving back to our communities, and taking care of our environment. Page 401 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 1 | eidebailly.com Company Contact Information This section should include contact person information, address and telephone number of the company main office and any branch offices. Any supplemental information that Proposer believes may be pertinent to the selection process may be provided. ABOUT EIDE BAILLY Eide Bailly is a Limited Liability Partnership, with a commitment to intentional growth. We proudly serve clients out of 33 offices in 14 states and continue to strategically expand west of the Mississippi and throughout the intermountain region of the United States. Eide Bailly was founded in 1917 and is a regional firm with more than 100 years of service. We are a Top 25 CPA firm in the nation, with over 2,000 professionals who offer a diverse set of skills to best serve our clients. At Eide Bailly we make it a priority to be accessible to our clients, which includes returning phone calls and emails in a timely manner. Our CPAs, consultants and advisors deliver industry and subject matter expertise resourcefully, ensuring that we’re providing the highest quality that reflects your needs. The governmental industry represents Eide Bailly’s fifth largest niche area. The Firm has 200 full-time professionals who participate in our Governmental Services Group. These professionals share information, learn from others and stay up-to-date on industry developments. As a full-service CPA firm, Eide Bailly performs traditional CPA firm services of attest (audits, reviews, compilations) and tax. We also have management advisory services including forensics, cybersecurity, information technology, internal audit and many other non-traditional services. We invite you to view our website and learn more about the many services we offer: www.eidebailly.com. Eide Bailly Headquarters 4310 17th Ave. S. Fargo, ND 58103 FEIN# 45-0250958 T: 701.239.8500 F: 701.239.8600 Eide Bailly Denver Kimberley K. Higgins, CPA 7001 E. Belleview Ave., Suite 700 Denver, CO 80237 T: 303.770.5700 F: 303.770.7581 Page 402 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 2 | eidebailly.com Our core services offered include the following: Consulting Audit & Assurance Tax • Internal Audits • Performance Audits • Technology Consulting • Enterprise Risk Management • Financial Services • Fraud Investigations • Forensic & Valuation • HR Consulting • Transaction Services • Wealth Management • Cybersecurity • Audits • Compilations • 401(k) and Employee Benefit Plan Audits • International Financial Reporting Standards • Reviews • Agreed Upon Procedures • SEC Services • Service Organization Control • Single Audits • Cost Segregation Studies • Estate, Trust & Gift Services • International Tax • Low Income Housing Credits • R&D Tax Credits • State & Local Tax • Tax Authority Audit & Correspondence • Tax Planning & Preparation • Tax Research Fraud & Forensic Advisory Services Eide Bailly, through our Fraud & Forensic Advisory team, provides our clients with investigative services. Fraud & Forensic Advisory services for our government clients comprises over 30% of our audit work conducted by the Firm. Our Certified Fraud Examiners (“CFE”) have the investigative techniques and technical skills needed to detect, investigate and prevent fraud. We work closely with you in a friendly, supportive manner to understand your needs and provide a thorough report to help you make confident decisions. In addition to CFE, our forensics staff includes Certified Public Accountants (“CPA”), Accredited Business Valuators (“ABV”), Certified Forensic Interviewers (“CFI”), former law enforcement professionals, and computer forensic specialists. Our forensic accountants are experienced in assisting with internal, civil, criminal and insurance recovery investigations related to allegations of theft, fraud and accounting irregularities. The forensic methodologies and technology used by our team of specialists help get to the facts of these situations and are court proven. We understand the urgency of resolving these types of matters and take pride in delivering a quality work product in an efficient and timely manner. Internal Audit Consulting We understand the value of an effective internal control system related to purchasing / contracting, cash disbursements / payables, cash receipts / receivables, journal entries and overall finances. Eide Bailly through our internal audit (IA) consulting practice, provide clients assurance that operational, financial, and information technology risks are effectively mitigated through appropriately designed and implemented internal controls. Specifically, our Internal Auditors assess risks with your staff to prioritize audit areas and develop audit plans to allow us to report to governance on whether internal controls are functioning, and provide recommendations to ensure reliable financial reporting; adherence to approved policies and procedures; compliance with laws and regulations, and efficient and effective operations. We are confident our professionals have the experience, talent and skill sets to meet your needs. Our Fraud & F orensics staff include; C FEs, CFIs, former law enforcement, and computer forensic specialists. Page 403 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 3 | eidebailly.com Key Personnel This section should contain names, titles, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform work under the Contract. ENGAGEMENT TEAM We’re passionate about our work—and your success. We have selected professionals for the EEF Audit who have multiple years of experience performing the City’s requested services. They are highly credentialed, dedicated to their careers, are considered highly specialized in their profession, and have focused a large majority of their work with similar government clients. Team Member Certification(s) Qualifications and Experience Kimberley K. Higgins Engagement Partner CPA - Certified Public Accountant Kim will serve as your Engagement Partner and will be responsible for the overall project, including the timely completion of services. She will be present at the entrance conference, progress updates, and exit conference. Kim has more than 30 years of experience in external and internal auditing governmental entities and non-profit organizations, was awarded the Governmental Accounting and Auditing Educational Achievement Program Certificate and is Eide Bailly’s Colorado Government Director of Services. She is a member of the steering committee for Eide Bailly’s internal and performance audit service line and is one of the Firm’s initial leaders in guiding the governmental consulting practice. Audrey Donovan Senior Manager / Technical Specialist CIA – Certified Internal Auditor CGAP – Certified Government Audit Professional CRMA – Certified in Risk Management Assurance Audrey will serve as Project Manager / Technical Specialist over all phases of the project. She will direct and review the work performed by the team, provide status updates, discuss deliverables along with proposed findings and recommendations. Audrey will be present at the entrance conference, status update meetings, project related meetings, and exit conference. Audrey has 25 years of experience in internal audit, performance / operational audit, and financial consulting for both the public and private sectors. She is the Firmwide technical resource for internal audit and performance audit. She works closely with Eide Bailly’s Special Advisory and Risk Advisory Services, such as, Fraud and Forensic, Information Technology, and Quality Assurance Review. She is a current and active member of the Association for Local Government Auditors (ALGA,) and the Institute of Internal Auditors (IIA), where she served on the International Public- Sector Committee for the IIA. Page 404 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 4 | eidebailly.com Team Member Certification(s) Qualifications and Experience Brent Millspaugh Senior Manager CPA - Certified Public Accountant Brent will serve as the Senior Manager and will assist the Project Manager and Engagement Partner. He will supervise/perform detailed testing and conduct project related interviews and discussions. Brent will assist with the internal audit-risk assessment, review of P&Ps, and supervise testing of contracts. Brent has been performing accounting services for a variety of industries with an emphasis on government entities, where he has accumulated extensive experience with internal control and risk assessments. Jason Olson Partner / Technical Specialist CPA - Certified Public Accountant CFF - Certified in Financial Forensics CFE - Certified Fraud Examiner CFI - Certified Forensic Interviewer Licensed Private Investigator, Minnesota Jason will work closely with Doug as a fraud and forensic expert on the engagement and is a valuable resource to the team with the ideal combination of forensic investigative experience and accounting knowledge. He will perform a fraud-risk assessment, internal control examination, and conduct forensic accounting and fraud related activities, where necessary. He will dig into your challenges to help you prevent, detect, and investigate allegations of fraud, where necessary. As a forensic accounting partner, Jason oversees proactive and reactive forensic accounting engagements. He works closely with clients to safeguard assets through proactive internal control examinations (ICE). Jason also examines financial transactions for fraud losses and assists clients with civil and/or criminal litigation, and insurance claims. With such well-rounded experience, Jason often gets called in to provide litigation support for civil and criminal proceedings when concerns of fraud are involved. Jason has advanced training in interviews and interrogation and is a licensed Private Investigator in the state of Minnesota. Page 405 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 5 | eidebailly.com Experience and References Company must have a minimum of five (5) years’ experience. Provide at least three (3) references, within the past five (5) years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. CLIENT REFERENCES As a top 25 CPA firm with 33 offices in 14 states, we’ve built our business on relationships. But we know that you’d rather hear it from people like you who’ve used our services. We encourage you to contact our clients below to learn more about their Eide Bailly experiences. Team Member Certification(s) Qualifications and Experience Doug Cash Senior Manager / Technical Specialist CFE - Certified Fraud Examiner CFI - Certified Forensic Interviewer CFCI - Certified Financial Crimes Investigator Licensed Private Investigator, Arizona Doug will work alongside Jason as a fraud and forensic expert on the engagement. He will perform a fraud-risk assessment, internal control examination, and conduct forensic accounting and fraud related activities, where necessary. As a Senior Manager in our Special Services practice, Doug oversees forensic accounting engagements. He is a former law enforcement officer specialized in dealing with white collar crime. He investigates fraud and helps the organizations he works with prevent future problems while finding justice for past issues. Doug has served as lead investigator in various types of fraud- related investigations, including embezzlement, money laundering, identity theft, Ponzi and pyramid schemes as well as theft by misrepresentation. He is a licensed Private Investigator in the state of Arizona and is an active member of the Association of Certified Fraud Examiners; International Association of Financial Crimes Investigators; National Association of Bunco Investigators; and International Association of Interviewers. Client Name Contact Name Email & Phone Number Service Provided Town of Castle Rock Trish Muller, Finance Director 303.660.1353 tmuller@crgov.com Internal Controls Examination City of Louisville Kevin Watson, Finance Director 303.335.4505 kevinw@louisvilleco.gov Internal Controls Examination Adams County Ben Dahlman, Finance Director 720.523.6280 bdahlman@adcogov.org Internal Audit Page 406 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 6 | eidebailly.com Anticipated Schedule The Contractor’s proposal shall include an anticipated work schedule based on the major tasks. The schedule should identify start and finish dates, task duration and any milestones. In addition, an estimate of total time required to do that work should be submitted. Engagement Timeline Major Task Start – Finish Dates Task Duration Milestones Total Time Estimate Phase 1 Day 1 – Day 5 1 - 2 weeks - Project 20% to budget-interviews 40-60 hours- Q1 2019 Phase 2 Day 6 – Day 21 2 - 3 weeks - IA Risk Assessment or fraud risk assessment complete - Project 50% to budget 100-150 hours-April 30, 2019 Phase 3 Day 22 – Day 32 2 - 3 weeks - Testing and Data Analysis complete - Findings and recommendations discussed verbally - Project 80% to budget 100-150 hours-May 30, 2019 Phase 4 Day 33 – Day 48 3 - 4 weeks - Final report - Closing Meeting 20-26 hours- June, 2019 Total Estimated Weeks: 8 – 12* Total Estimate Hours: 260 – 386 APPROACH We will begin our onsite internal audit risk assessments or fraud risk assessments and interviews, internal controls examination, and testing of controls at your organization’s convenience. We understand the City would like to have the final report by June 24, 2019. We are prepared to start the project immediately upon a signed engagement letter. While we have 8-12 weeks outlined in our proposal, we believe the type of projects determined with governance, will allow for completion within your deadlines. *Please note that timely response to our requests would result in a project delivery between 4 – 5-weeks, if only ICE engagements are decided upon, rather than the estimated 8 – 12-weeks, which is considering management and staff busy schedules and risk assessments already pre-determined without internal audits. Lastly, we anticipate the project taking approximately 260 – 386 hours depending upon the types of engagements governance decides upon. Our methodologies for conducting this project includes the following phased approach and procedures: Phase 1 – Planning We will schedule interviews with key participants, request documentation, review finance, purchasing and accounts payable policies & procedures, review Articles of Incorporation for EEF, review Municipal Code and TABOR law, research best practices and determine types of engagements governance desires (ICE engagements and/or Internal audit engagements) to best answer your concerns. o Examination of Policy and Procedure Manual(s) - Examining the policy and procedures manuals will help in identifying what controls employees are expected to adhere to. Page 407 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 7 | eidebailly.com Phase 2 – Internal Audit or Fraud Risk Assessment We will perform an entity-wide Internal Audit or fraud risk assessment, depending upon what the engagement’s governance is most comfortable with. An internal controls engagement (ICE) is performed with key City and EEF staff. We will conduct interviews and discussions with key City and EEF staff which will be a focus of our examination. Interviews often provide essential information not normally obtained through a review of policy manuals and discussions with management. Additionally, interviews allow us to determine if existing policies and procedures are being followed within EEF, to identify internal control weaknesses, and fraud risks. Lastly, we will perform walkthroughs of the financial processes and assess controls; authorization levels, segregation of duties, monitoring, prevention, and detection activities. For each fraud risk identified, we will evaluate mitigating controls based on two criteria: 1) adequacy of design, and 2) effectiveness of operations. 1) Adequacy of design considers if the identified controls operate as designed, the fraud risk will be adequately mitigated. 2) Effectiveness of operations considers whether a properly designed control is operating as designed and whether the person performing the control has the necessary authority, skill, and qualifications to perform the control effectively. Evaluating operating effectiveness involves testing the controls, which will occur in Phase 3. Throughout Phase 2, we will capture identified internal audit or fraud risks, assessment of risks, mitigating controls, and remediation plans. Additionally, we will gain the following: • Knowledge of breakdowns in accounting policies and procedures within your organization. • A better understanding of employee’s views/concerns on accounting procedures and internal audit or fraud risks within the organization. • Identification of recommendations to increase internal controls to improve accounting processes and reduce your organization’s risks related to fraud, compliance, and operations. The difference in an ICE engagement and an Internal Audit is the assessment of risks, development of detailed questionnaires that will be completed by your staff, evaluation, analysis and prioritization of risks with your staff and audit work plans to develop specific audits over each area of risk mentioned in your RFP. The internal audit process is a more detailed, labor intensive and collaborative process with staff and governance in producing audit reports for each section of concern with detailed findings and recommendations and engagement to continue with follow up within each internal audit performed to insure recommendations are implemented. We will be happy to discuss each with you at the proposal meeting to determine how you’d like to proceed. Phase 3 – Audit Program & Testing From information gathered in Phases 1 & 2, we will develop an audit program and perform testing to 1) assess internal audit or fraud risks, and 2) evaluate existing controls. Phase 4 – Reporting: We will provide you with the detailed internal audit or fraud-risk assessment and internal controls examination (ICE) or internal audit reports. Additionally, we will provide a report on the assessment of the entity-wide control environment with detailed recommendations addressing: internal control weaknesses; fraud detection and prevention; process improvements; noncompliance and other areas identified while conducting the engagement objectives; and risk mitigation/reduction in alignment with best practices, where applicable. Page 408 of 460 Eide Bailly LLP January 28, 2019 $49,400 - $73,340 (not to exceed $73,340) Page 409 of 460 CITY OF ENGLEWOOD – ENGLEWOOD ENVIRONMENTAL FOUNDATION 9 | eidebailly.com WHY CHOOSE EIDE BAILLY Work isn’t just work. We see it as a chance to help you solve problems, achieve goals and pursue passions. After a thoughtful review of your needs and taking the time to understand your business, we feel we’re the best fit for this opportunity. If you have questions or would like additional information, don’t hesitate to contact us. We want to make sure you have everything you need to make your decision. Contact Us What inspires you, inspires us. We’re driven to help clients take on the now and the next with inspired ideas, solutions and results. We look forward to working with you. Kimberley K. Higgins, CPA Partner 303.539.5905 khiggins@eidebailly.com Audrey Donovan, CIA, CGAP, CRMA Senior Manager 303.586.8533 adonovan@eidebailly.com Page 410 of 460 1 and 2 January 28 Eide Bailly LLP Kim Higgins, CPA 7001 E. Belleview Ave., Ste. 700 Denver, CO 80237 Kim Higgins, 303.539.5905 | khiggins@eidebailly.com Eide Bailly LLP 7001 E. Belleview Ave., Ste. 700 Denver, CO 80237 2019 Page 411 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Maria DAndrea DEPARTMENT: Public Works DATE: May 20, 2019 SUBJECT: Police Headquarters Building Project: Award of Contract to Clear- Armor, LLC for Ballistic Glass Film DESCRIPTION: Police Headquarters Building Project: Award of Contract to Clear-Armor, LLC for Ballistic Glass Film RECOMMENDATION: Staff recommends approving a resolution to award a contract to Clear-Armor, LLC in the amount of $181,050.00 for the purchase and installation of ballistic film. PREVIOUS COUNCIL ACTION: City Council discussed the ballistic glass film installation at the following Study Sessions: Date Item 10/01/2018 Bond Premium Discussion 02/25/2019 Bond Premium Discussion SUMMARY: Protection from ballistics, at certain windows in the new Police Headquarters building, is a necessary item for the safety of the Police Department staff. CBRE, the city's Construction Manager, along with city staff have investigated various alternatives to provide this type of protection. The only viable option available for an after-manufacturer installation on the windows was determined to be a product called TruArmor provided by a company called Clear Armor. The total cost to install the material on the north-facing windows is $181,050.00. Funds from the bond premium have been included in the project budget to cover this expense. ANALYSIS: Originally, the schematic design drawings for the building included ballistic glass in all windows. However, this item was subsequently removed during the value engineering phase of the project, except for those windows near the Records Division. on the first floor, due to cost. City staff is recommending that the windows on the north side of the building be protected from ballistics due to their proximity to the street and the high occupancy of the interior areas, (many offices are located along the north side of the building). There are limited windows on the west side of the building; the east side of the building is comprised of the lobby; and the south side abuts the secured parking lot. Page 412 of 460 City staff, along with the city's Construction Manager, CBRE, have investigated various alternatives to provide protection from bullet intrusion through the windows of the Police Headquarters Building. Limited options are available for installation after the windows were manufactured. The only viable option was determined to be a product called TruArmor provided by a company called Clear Armor, LLC. Clear-Armor’s bullet resistant laminate will create a small arms bullet resistant environment, including 9.mm .40 caliber & .45 caliber. It is also smash, burglar, bomb, and hurricane-wind resistant. They are the only providers of laminates and security films that exceed the ULC-S332- 93 standard for burglary and resistant glazing material. In addition, Clear Armor only installs these materials for law enforcement & government agencies, (i.e. not private parties). On April 20, 2019, City Police staff attended a demonstration of the material on the windows that were installed in the head quarters building, and the product performed as described in stopping all rounds of ammunition that were expended against it. FINANCIAL IMPLICATIONS: The total cost to provide and install the material on the north-facing windows is $181,050.00. This includes installation by Clear-Armor's staff. In order to meet the warranty provisions, the company will not allow others to install the material. Funds from the bond premium have been included in the project budget to cover this expense. ALTERNATIVES: The alternative would be to not install the film on the windows leaving them vulnerable to penetration by weapons and projectiles. CONCLUSION: Staff recommends approving a contract with Clear-Armor, LLC in the amount of $181,050.00 to provide and install ballistic glass film at the Police Headquarters Building. ATTACHMENTS: Resolution Contract Summary Form Clear-Armor Contract TruArmor Product Information Sheet Page 413 of 460 RESOLUTION NO. _____ SERIES OF 2019 A RESOLUTION AWARDING A CONTRACT FOR THE PURCHASE AND INSTALLATION OF BALLISTIC FILM LAMINATE ON THE NORTH FACING POLICE HEADQUARTERS WINDOWS WHEREAS, Section 116(b) of the Englewood Home Rule Charter, allow contracts for public works or improvements associated with capital improvements to be negotiated, provided that contracts for which no competitive bids have been requested are approved and accepted by Resolution setting forth the reason for the exception to the competitive bidding requirement; WHEREAS, in 2018 the City of Englewood’s project manager, CBRE, for the new Englewood Police Headquarters contacted Clear-Armor, LLC for the installation of ballistic laminate to the North facing upper headquarter windows; WHEREAS, Clear-Armor, LLC is the only manufacturer of laminates and security films that exceed the ULC-S332-93 standard for burglary and resistant glazing material, in addition, Clear-Armor, LLC only installs these laminate materials for law enforcement agencies and government entities; WHEREAS, on April 20, 2019 Englewood Police Personnel attended a demonstration of the glazing material on the windows that were installed in the headquarters building, and the product performed as advertised stopping all rounds that were expended against it; WHEREAS, the funds for the purchase and installation of the laminate would come from the Police Headquarters bond premium in the amount of $181,050.00. . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Englewood City Council hereby authorizes the purchase and installation of ballistic film laminate from Clear-Armor, LLC, in lieu of the internal competitive bid process as allowed by Section 116(b) of the Englewood Home Rule Charter in the amount of $181,050.00, attached hereto as Exhibit A. ADOPTED AND APPROVED this 20th day of May, 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 414 of 460 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: Maria D'Andrea Phone: 303-762-2506 Title: Director of Public Works Email: mdandrea@englewoodco.gov Vendor Contact Information Vendor Name: Clear-Armor, LLC Vendor Contact: Dave Trudeau Vendor Address:32991 North Thornapple Ln Vendor Phone: 847-361-9445 City: Grayslake Vendor Email: dave@clear-armor.com State: IL Zip Code: 60030 Contract Type Contract Type:Construction Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: 06/01/2019 End Date: 09/30/2019 Total Years of Term: 1 Total Amount of Contract for term (or estimated amount if based on item pricing): $181,050.00 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: N/A Payment terms (please describe terms or attach schedule if based on deliverables): Upon completion of work Attachments: ☐Copy of original Contract if this is an amendment ☒Copies of related Contracts/Conveyances/Documents Provision & installation of ballistic film on select windows at the new Police Building Page 415 of 460 Contract Approval Summary V10/25/2017 Page | 2 Source of funds (Insert Excel Document Image): Attachment (For Capital Items Only / Expense Line Item Detail is Located in Open Gov): ☐Prior Month-End Project Status and Fund Balance Report Process for Choosing Vendor: ☐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 CAPITAL ONLY A B C 1 = A-B-C Capital Operating Year Tyler / New World Project # / Task#Fund Division Object Line Item Description Budget Spent to Date Contract Amount Budget Remaining C 2019 Police Headquarters Bldg.34 1101 013 Ballistic Glass Film 181,050.00$ -$ 181,050.00$ -$ O 2019 -$ -$ -$ -$ -$ -$ Total by Fund and Current Year 181,050.00$ -$ 181,050.00$ -$ C 2020 -$ -$ -$ -$ O 2020 -$ -$ -$ -$ Total by Fund and Next Year -$ -$ -$ -$ Grand Total 181,050.00$ -$ 181,050.00$ -$ NOTES (if needed): For Operating Expense Line Item Detail, please review information provided in OpenGov. For Capital items, please review Attachment - Prior Month Project Status and Fund Balance Report CAPITAL & OPERATING EXPENSE Multiple options were explored by the city’s construction manager. This is the only firm that provided the necessary resistance to a variety of bullets. It is also smash/burglar/bomb/hurricane-wind resistant. Page 416 of 460 Eti?lewoodPROCUREMENTDIVISION CONTRACT FOR SERVICES AGREEMENT NUMBER CFSI19-42 $181,050 THIS CONTRACT made and entered into on /734%([7 ,2019 by and between Clear-Armor LLC,32991 North Thornagpl Lane,Grayslake,IL,60030 hereinafter Name Address City St Zip called the CONTRACTOR and the CITY OF ENGLEWOOD,hereinafter called the CITY. WITNESSETH;The parties do hereby contract and agree as follows: 1.The CONTRACTORshall furnish the CITY the following services: Englewood Police Department Ballistic Film Installation At the location of:3615 S.Elati Street Enqlewood,CO. for a total contract price of:One Hundred Eighg One Thousand and Fif_tyDollars j§181,050}Dollars The initial term of this contract is for one year.The term of this contract shall begin upon the date that both parties have signed the contract with the work to be completed upon the date set forth in the Statement of Work attached hereto,but at no time shall the contract be longer than a one year period. in the event that the parties desire to extend the contract 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 contract by the Contractor.if the City agrees to the request for renewal,the parties shall then enter into an amendment extending this Contract including an amended Statement of Work,if necessary. Any renewal of this contract is subject to approval by the Englewood City Council. The Contractor shall not commence work under this Contract until the insurance required under Paragraph 20 of the General Terms and Conditions has been acquired and satisfactory proof of such insurance has been submitted to the City. The project or services being provided hereunder shall be supervised or inspected by theProjectManagerfortheCity,or his or her authorized designee. Terms of Payment:The City agrees to pay the Contractor for the performance of all the work required under this contract,and the Contractor agrees to accept as the entire and only compensation therefore,such sum or sums of money as may be proper in accordance with the total estimated price or prices set forth in the Contractor’s proposal attached hereto and made a part hereof.Payment shall be made in a lump sum upon final completion of the project unless other payment terms are agreed to by the parties and set forth in the Statement of Work attached hereto.A 5%retainage of the awarded project amount will be withheld until ?nal inspection and acceptance by the Project Manager. 1000 Englewood Parkway.Englewood,Colorado 80110-2373 (303)762-2300www.eng|ewoodgov.0rg Page 417 of 460 6.The Contractor shall guarantee all labor and material used in the performance of this Contract for a period of one year from the final written approval by the City or as per the Request for Qualification and Specifications. 7.This Contract includes Attachment A —General Terms and Conditions as printed and set forth in the following pages,and the Contractor,by executing this Contract,agrees to comply with all such General Terms and Conditions.In addition,to the general terms and conditions,any Exhibits provided by the Contractor,shall be incorporated and made a part of this Contract.All additional documents shall be clearly marked and delineated as an Exhibit. CITY OF ENGLEWOOD By:Date: (Department Director) By:Date: (City Manager) By:Date: (Mayor) ATTEST: City Clerk ?/nth/412m/a>44$ Co . . ,Date:' ., (Sigh Lire)’’ NOTE:Federal Regulations (Code Sections 6041 and 6209)require non-corporate recipients of $600.00 or more to furnish their taxpayer identification number to the payer.The regulations also provide that a penalty may be imposed for failure to furnish the taxpayer identification number.In order to comply with these regulations,the City requires yourfederaltaxidentificationnumberorSocialSecurityNumber,whichever is applicable. 1000 Englewood Parkway,Englewood,Colorado 801 102373 (303)762-2300 www.englewoodco.gov Z Page 418 of 460 ATTACHMENT A—GENERAL TERMS AND CONDITIONS GENERAL TERMS AND CONDITIONS 1,PROPOSAL ACCEPTANCE.Proposals are subject to acceptance by the signing of a contract and issuance of an appropriate purchase order at anytime within sixty (60)days after the receipt of quotes unless tJlhel'W|Se stipulated.The City reserves the right to accept or reject any and all quotes and reserves the right to waive any informality in any quote.All contracts over $25,000 are subject to approval by City Council. This contract and any attachments are not valid until such approval has been obtained. 2.SITE EXAMINATION.if applicable,Contractor must examine the site and certify all measurements,specifications and conditions affecting the work to be performed at the site.By submitting their quote,the Contractor warrants that he or she (hereinafter he or his)made such site examination as they deem necessary regarding the condition of the site:its accessibility for materials,workmen and utilities and the Contractors ability to protect existing surface and subsurface improvements.No claim for allowance of time or money will be allowed as to such matters or for any other undiscovered conditions on the site. 3.EQUIPMENT AND LABOR.The Contractor shall furnish all tools,equipment,apparatus,facilities,transportation, labor,and material necessary to furnish the services herein described.The services shall be performed at such times and places as directed by the authorized City representative as indicated in the work specifications or statement of work attached hereto. 4.SUBCONTRACTORS.Contractor agrees to bind every subcontractor to the terms of this contract as far as such terms are applicable to subcontractor's work.if Contractor shall subcontract any part of this contract,Contractor shall be fully responsible to the Cityfor acts and omissions of his subcontractor and of persons either directly or indirectly employed by himself. Nothing contained in the Contract documents shall create any contractual relations between any subcontractor and the City. 5.DEFAULT BY CONTRACTOR.When Contractor,or any subcontractor,or vendor shall fall to deliver any article or service or shall deliver any article or service which does not conform to the work speci?cations or the Statement of Work,the City may,upon ?ve (5)business days’prior written notice describing the default,at its option,annul and set aside the contract entered into with said Contractor,subcontractor or vendor either in whole or in part,and enter into a new contract in such a manner which would be to the best advantage of the City. The City reserves the right to cancet any articles or sen/ices which the Contractor may be unable to furnish because of economic conditions.governmental regulations or other similar causes beyond the control of the Contractor provided satisfactory proof is furnished to the City,if requested. 6.CONTRACT CHANGES.No changes or alterations to this contract shall be made without specific prior written approval by both parties. 7.WORKERS.Contractor shall at all times enforce strict discipline and good order among his employees and shall not employ on work any un?t person or anyone not skilled in work assigned to him or her.Any person in the employ of the Contractor who the City may deem incompetent or un?t shall be dismissed from the job site and shall not ‘againbe employed at the site without written consent from the City. 8.SUBSTITUTIONS.No substitutions of materials or persons from those speci?ed in the StatementvofWorkshall be made without the prior written approval of the City. 9.CONTRACTOR SUPERVISION.Contractor shall provide competent supervision of personnel employedon the job site,use of equipment,and quality of workmanship. 10.CLEAN UP.Debris shall be removed from the premises.The job site shall be kept in good order at all times when work is not actually being performed and shall be maintained in a safe and clean condition. 11.ACCESS TO WORK.City representatives shall at all times have access to work wherever it is in preparation or progress.Contractor shall provide safe and proper facilities for such access. 12.PROTECTION OF WORK AND PROPERTY.The Contractor shall erect and properly maintain at all times,as required by conditions and progress of work,all necessary safeguards,signs,barriers,lights,and watchmen for protection of workmen and the public,and shall post danger signs warning against hazards created by such features in the course of the construction. 13.OCCUPANCY.The City reserves the right to occupy buildings at any time before formal contract completion and such occupancy shall not constitute final acceptance or approval of any part of the work covered by this contract,nor shall such occupancy extend the date speci?ed for substantial completion of the work. 14.ASSIGNMENT OF CONTRACT AND PURCHASE ORDER.The Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights,burdens,duties,or obligations underthis contract without the prior written consent of the City. 15.FORCE MAJEURE CLAUSE.The parties to the Contract shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining, delivering,or performing by an act of God,fire,strike,loss, shortage of transportation facilities,lock-out,or the commandeering of materials,products,plants or facilities by the government:when satisfactory evidence thereof is presented to the other party(ies),provided that it is satisfactorily established that the non~performance is not due to the fault or neglect of the party not performing. ‘l6.HOLD HARMLESS CONTRACT.The Contractor shall save,defend,hold harmless and indem ify the City from and against any and all losses,damages,liabilities,claims,and costs of whatsoever kind and nature for injury to or death of any person and for loss or damage to any property occurring in connection with or in any way incident to or arising out of the occupancy,use, service,operations,or performance of work on property under the terms of this contract by any employee,agent,or representative of Contractor and/or its subcontractors unless such loss was a result of the negligent acts or omissions of the City. 17.PAYMENT.Unless otherwise speci?ed,the Contractor shall render invoices formaterialsdelivered or services performed under the Contract or Purchase Order.The City shall make payment for materials,supplies or other services furnished under this Contract in lump sum on completion of the work within thirty (30)days after delivery to and approval by the authorized City representative of all invoices and other documentary evidence 1000 Englewood Parkway,Englewood,Colorado 801102373 (303)762-2300 www.englewoodco.g0v 3 Page 419 of 460 reasonably required by the City including the satisfactoiy release of all liens or claims for liens by subcontractors,laborers,and material suppliers for work or materials provided under this Contract or Purchase Order (which approval shall not be unreasonably withheld). 18.PERMITS AND LICENSES.The Contractor and all of his employees,agents,and subcontractors shall secure and maintain in force,at Contractor's sole cost and expense,such licenses and permits as are required by law,including any licenses or permits required by the City in connection with the furnishing of materials,supplies,or services herein listed. 19.CONTRACTOR NOT AN OFFICER EMPLOYEE OR AGENT OF THE CITY.While engaged in or carrying out other terms and conditions of the Contract or Purchase Order,the Contractor is an independent Contractor,and not an officer, employee,agent,partner,or joint venture of the City. 20.CONTRACTOR'S AND SUBCONTRACTOR'S INSURANCE.The Contractor shall not commence work under this contract until he has obtained the insurance required under this paragraph and satisfactory proof of such insurance has been submitted to City.Except for worker's compensation insurance, the policy shall not be amended or modi?ed and the coverage amounts shall not be reduced without the City’s prior written consent.The City shall be named as an additional insured and be furnished thirty (30)days written notice prior to cancellation. The Contractor shall not allow any subcontractor,employee or agent to commence work on this contract or any subcontract until this insurance has been obtained. a)INSURANCE TYPES AND AMOUNTS.The City requires the following minimum amounts of insurance coverage. Commercial General Liability in the amount of $3,000,000 per occurrence;Professional Liability Errors and Ommissions in the amount of $1,000,000 per occurrence;and Employee Dishonesty and Computer Fraud in the amount of$1 ,000,000 per occ2i?rence. The above amounts may be amended upward or downward depending on the overall cost of the services provided,and only with the approval of the City. b)WORKER'S COMPENSATION INSURANCE.The Contractor shall procure and shall maintain during the life of this contract,Worker's Compensation Insurance on a||28)f his employees to be engaged in work on the project under this contract and in case of any such work subcontracted,the Contractor shall require the subcontractor provide Worker's Compensation Insurance for all of the subcontractors employees to be engaged in such work unless such employees are covered by the Contractor's Workers Compensation insurance. c)CONTRACTOR'S PUBLIC LIABILITY AND PROPERTY DAMAGE INSURANCE.The Contractor and any subcontractor shall procure and shall maintain during the life of this contract,Contractor's Public Liabilityinsurance in an amount not less than $1 ,000,000 for injuries,including accidental death to any one person,and subject to the same limit for each person,in an amount not less than $1,000,000 on account of one accident, and shall also maintain Contractors Property Damage Insurance in an amount not less than $1,000,000. 21 .WARRANTYIQUALITY.The Contractor, manufacturer,or their assigned agents shall guarantee the workmanship,product or service performed against defects or failures of materials for a minimum period of one (1)year from delivery or the ?nal completion date for the work.Allworkmanship and merchandise must be warranted to be in compliance with applicable Colorado energy,conservation,and environmental standards;unless a longer minimum period is required in the statement of work.Contractor shall furnish all manufactures’and supplier written guarantees and warranteescovering materials and equipment furnished pursuant to this Contract or Purchase Order. 22.ASSIGNMENT OF CLAIMS.In submitting a quote on this project,the Contractor or any subcontractor agreeing to supply goods,sen/ices,or materials,and entering into this contract,the Contractor and/or subcontractor do offer and agree to assign to the City all rights,title,and interest in and to all causes of action it may have pursuant this contract or subcontract.This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties. 23.COMPLIANCE WITH LAWS.Contractor shall give all notices and comply with all laws,ordinances,rules and regulations bearing on conduct or work as indicated or specified in the Statement of Work.if Contractor obsenles that any of the work required by this contract is at variance with any such laws, ordinances,rules or regulations,Contractor shall notify the City, in writing,and,at the sole option of the City,any necessary changes to the scope of work shall be made and this contract shall be appropriately amended,in writing,or this contract shall be temiinated effective upon Contractor's receipt of a written termination notice from the City.If Contractor performs any work knowing it to be in violation of such laws,ordinances,rules or regulations and without ?rst notifying the City of such violation, Contractor shall bear all costs arising therefrom. 24.TIME IS OF THE ESSENCE.Time is of the essence in the performance of and compliance with each of the provisions and conditions of this contract. 25.GOVERNING LAW.This contract shall be governed by and construed in accordance with the laws of the State of Colorado.Venue will be proper in Arapahoe County,CO. 26.N0 ORAL MODIFICATION.Any waiver,amendment, modification,consent or acquiescence with respect to this contract or any provision of this contract or with respect to any failure to perform in accordance therewith shall be set forth in writing and duly executed by or on behalf of the party to be bound thereby. 27.TABOR.The parties understand and acknowledge that each party is subject to Articie X.§20 of the Colorado Constitution ("TABOR").Any provision of this contract or its attachments which imposes upon the City,directly or indirectly, any ?nancial obligation whatsoever to be performed or which may be perfonned in any ?scal year subsequent of the year of execution of this contract is expressly made contingent upon and subject to funds for such financial obligation being appropriated, budgeted and otherwise made available. 28.PROVISIONS REQUIRED BY LAW DEEMED INSERTED.Each and every provision oflaw and clause required by law to be inserted in this contract shall be deemed to be inserted herein and this contract shall be read and enforced as though it were included therein. 29.DISCLOSURE OF CONFIDENTIAL INFORMATION. The City as an arm of the state is governed by the terms of the Colorado Open Records Act,C.R.S.24-72-201 et.seq.In the event a Disclosing Party receives an Open Records request,the Disclosing Party shall notify the other party to this Contract of such request. 30.ATTORNEY’S FEES.In the event that either party to this Contract shall commence any action against the other party arising out or or in connection with this Contract,or contesting the validity of the Contract or any provisions of the Contract,the 1000 Englewood Parkway,Englewood,Colorado80110-2373 (303)762-2300 www.englewoodco.gov 4 Page 420 of 460 prevailing party shall be entitled to recover from the other party in addition to any other legal or equitable remedy the City may be reasonable attorneys fees and related costs,and fees and entitled to for a breach of this Contract under this Paragraph 29. expenses incurred by the prevailing party in connection with such action or proceeding. 31.VERIFICATION OF COMPLIANCE WITH C.R.S.8- 17.5-101 ET.SEQ.REGARDING HIRING OF ILLEGAL ALIENS (a)Employees,Contractors and Subcontractors:Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor shall not contract with a subcontractor that fails to certify to the Contractor that the subcontractor will not knowingly employ or contract with an illegal alien to perform work under this Contract.[CRS 8-17.5-102(2)(a)(l)&(l|).] (b)Verification:Contractor will participate in either the E-Verify program or the Department program,as defined in C.R.S.8-17.5401 (3.3)and 8~17.5-101 (3.7) respectively,in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this public contract for services.Contractor is prohibited from using the E-Verify program or the Department program procedures to undertake pre-employment screening of job applicants while this contract is being performed. (c)Duty to Terminate a Subcontract:if Contractor obtains actual knowledge that a subcontractor performing work under this contract knowingly employs or contracts with an illegal alien,the Contractor shall; (1)notify the subcontractor and the City within three days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien;and (2)terminate the subcontract with the subcontractor if,within three days of receiving notice required pursuant to this paragraph the subcontractor does not stop employing or contracting with the illegal alien;except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor had not knowingly employed or contracted with the illegal alien. d)Duty to Comply with State Investigation: Contractor shall comply with any reasonable request of the Colorado Department of Labor and Employment made in the course of an investigation by that the Department is undertaking pursuant to C.R.S.84 7.5-102 (5). (e)Damages for Breach of Contract:The City may terminate this contract for a breach of contract,in whole or in part, due to Contractor's breach of any section of this paragraph or (REMAINDER OF PAGE INTENTIONALLY LEFT BLANK) provisions required pursuant to C.R.S.847.5-102.Contractor shall be liable for actual and consequential damages to the City 1000 EnglewoodParkway,Englewood,Colorado 801102373 (303)762-2300 www.englewoodco.gov 5 Page 421 of 460 8. 9. Schedule A STATEMENT OF WORK GENERAL Owner:City of Englewood,Colorado Consultant:Clear-Armor,Inc. Construction Manager:CBRE,Inc. NAMES,PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS Audra Johnson Dave Trudeau CBRE Clear Armor,LLC 312-636-6986 847-361-9445 Audra.iohnson@cbre.com dave@clear-armor.com SUMMARY OF PURPOSE FOR STATEMENT OF WORK Provision of materials and labor to install approximately 426 square feet of ballistic resistant film on existing windows at the Englewood Police Headquarters Building. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY) OTHER CONSULTANT RESOURCES Consultants staff must install the material.Costs for crew travel &expenses is included in the estimated price. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES Consultant will provide all materials,labor,and expertise to install bullet resistant laminate on approximately 426 square feet of existing windows at the new Police Headquarters Building located at 3615 S.Elati Street,Englewood,CO. SPECIAL TERMS,IF ANY MODE OF PAYMENT 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. City will pay 95%of costs upon completion.5%retainage will be released upon final acceptance. 1000 Englewood Parkway,Englewood,Colorado 80110-2373 (303)762—2300 www.engIewocdco.gov 6 Page 422 of 460 10.SCHEDULE AND PERFORMANCE MILESTONES This schedule sets for the target dates and performance milestones for the preparation and delivery of the Deliverables by Consultant. Performance Responsible Target Milestone Party Date Film installation C|ear—Armor,LLC 09/30/2019 11.ACCEPTANCE AND TESTING PROCEDURES Quality assurance review by city’s construction manager,CBRE 12.LOCATION OF WORK FACILITIES 3615 S.Elati Street,Englewood,CO 80110 City will provide the City office space and support as it agrees may be appropriate,at its Police Headquarters facility. IN WITNESS WHEREOF,pursuant and in accordance with the Professional Services Agreement between the parties hereto dated /,2019,the parties have executed this Statement of Work as of this [52 day of ,2019. CITY OF ENGLEWOOD,COLORADO By: (Signature) (Print Name) Title: Date: Co sultant Name ‘ '3 /7 /ta/4,0-,Qam47,<J148; By: V Igna re)_’.1 / 1000 EnglewoodParkway,Englewood,Colorado80110-2373 (303)7622300 www.eng|ewoodco.gov 7 Page 423 of 460 ATTACHMENT B CONTRACTOR’SPROPOSAL (If necessary) 1000 Englewood Parkway,Englewood,Colorado80110-2373 (303)7622300 www.eng|ewoodco.gov 8 Page 424 of 460 Clear-Armor LLC Estimate 32991 North Thomapple Ln. Date Estimate #Grayslake,IL 60030 5/8/2019 3242 Of?ce:847-665-8447 .rFax:847_223_2445 ?gs!W www.clear~am1or.corn Install Address BillingAddress Englewood Police Department City of Englewood 3615 S Elati St.1000 Englewood Pkwy Englewood,CO 80110 E"gl3W00d.C0 30110 THIS ESTIMATE IS VALID FOR THIRTY (30)DAYS.CLEAR Total Sq Ft Client PO #Rep ARMOR LAMINATES ARE CUSTOM CUT TO ORDER.426 In Product/Service Description Total Clear—Armor’sBR laminate will create a small arms bullet resistant environment, including 9.mm .40cal &.45.It is also smash/burglar/bomb/hurricane-wind resistant. BR Installation ofBR laminate on 426 sq ?ofclient‘s 1/4"glass,areas marked by 181,050.00 client [square footage and architect drawing provided] Travel &Crew Expenses Included Please Note: Total price re?ects a turn-key installation Disclaimer:If client or contact person not available for final walk-through and the job has been satisfactorilycompleted,signature of Clear-Armorcrew leader will be sufficientfor conclusion Total $181,050.00 of the proj eet. Signature:>Tl-iis estimate becomes a binding contract upon sigriaturc. Clear Armor laminatesare the only security ?lms to have exceeded the ULC-S332—93(Standard for Burglary and Resistant Glazing Material)&ANSI 297 on 1/8"inch glass.Our SL 15 three ply laminate is bullet resistant when applied on 1/2"inch glass.For optimal performance,CLEARARMORrecommendsthatalltemperedglassbereplacedwithregularannealedglasswhenpossible.Safety Films/Security Laminates are adeterrentandmaynotpreventultimateentry. Since laminates and ?lms are applied with a waterabased solution,it is normal for minor bubbling and hazing to occur during installation beforecuring.This curing period will vary in time depending on the level of exposure to direct sunlight,time,and thickness of laminate.Although thiscuringprocessisminimal(30 daysor less)on thinner?lms,it couldextendbeyond6 monthson thickerlaminatesthat are installedon interiorglass.All moisture and water bubbles will disappear with time as the moisture evaporates through the multiple layers of polyester.CLEARARMORwilltakeeverynecessaryactionpossibletocleanallwindowspriortotheinstallationofthelaminate;minor dust particles may appearaftertheinstallationofthelaminateasaresultofairbornedust.Theseparticles will dissipate with time and should not be visible when lookingthroughtheglassatadistanceof6feet.(Ask for further details)VS:8:SEP 1815 Page 425 of 460 A DATE MM/DDIYYVYAC0RD®CERTIFICATE OF LIABILITYINSURANCE |,,;,.,,,,2m’I 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 |NSURER(S),AUTHORIZED REPRESENTATIVEOR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certi?cate holder is an ADDITIONAL INSURED,the poIicy(ies)must have ADDITIONAL INSURED prov ions 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 certi?cate does not confer rights to the certi?cate holder in lieu of such endorsement(s). PRODUCER ?g'5‘|1E7:*C7Renee Workman GOG Risk Management Consultants LLC mg";Em:(847)457-3000 mgND):(847)457-3100 Three Parkway North Eg‘D’}'{'E5s: SUITE500 lNSLIRER(S)AFFORDING COVERAGE NAIC it Deer?eld IL 60015 INSURERA:The Cincinnati Specialty Underwriters Insurance Co INSURED INSURER B:Sentinel Insurance Company Clear Armor LLC INSURER c_The Cincinnati Indemnity Company 23230 32991 N.Thornapple Lane INSURER D_ INSURER E: Grayslake IL 60030 MSURER E_ COVERAGES CERTIFICATE NUMBER:Cl-18102506360 REVISIONNUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDINGANY REQUIREMENT.TERM OR CONDITIONOF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICHTHIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCEAFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. msn ADDLsusa LTR TYPE or INSURANCE ms.)wvn POLICY NUMBER (l'I?IiI%)'vT/W)IIFIE/L:';%‘/(V???)LIMITS ><COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED<:LAIMs-MADE X OCCUR PREMISES (Eaoccurrence)$500-000 MED EXP (Any one Dersun)3 E"°‘”ded A csuoo32422 10/24/2015 10/24/2010 PERSONAL&ADV|NJURY 0 1.000.000 GEN'LAGGREGATE LIMITAPPLIES PER‘GENERALAGGREGATE 5 2-000900 X POLICY IE3 Loc PRODUCTSJJOMPIOPAGG $2300-000 OTHER.3 AUTOMOBILELIABILITY (cEc;ngE;I:|I:0'sINcLELIMIT31,000,000 )(ANYAUTO BODILY INJURY (Per person)5 B /QWOIESDONLY§g;Ig§ULED 83UECAR5B85 10/24/2018 10/24/2019 BODILY INJURY (Per accident)0 X HIRED X NON-OWNED PROPERTY DAMAGEAUTOSONLYAUTOSONLY(Per accident):5 Medical payments :5 10,000 X ”'““E‘-'-’‘“A5 X OCCUR EACH OCCURRENCE 0 5-000000 A ExcEss LIAB CLNMEMADE csu0032423 10/24/2010 10/24/2019 AGGREGATE 3 5,000,000 DED I RETENTION IS 3WORKERSCOMPENSATIONXPEROTH- ANDEMPLOYERS’LIABILITV V ,N STATUTE ER .5700;1,000,000(3 ’3”;;,§E§,§'fEMEERFg‘<'§TL'f,E,"g[E,§‘E°“T"’EnIA EWC0274296-D3 10/24/2018 10/24/2019 E““C”“C°"°E”T 5 1 000 OfnzgdggzrgimggerE.L.DISEASE »EAEMPLOYEE s »90 DESCRIPTIONOFOPERATIONS below E.L.DIsEAsE —POLICY LIMIT as 1-000900 ..O 1 0Errors&Omissions mmence 35'OM00 A csu0032424 10/24/2015 10/24/2019 Aggreggate $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Addilianal Remarks Schedule.may be attached II more Space is required) City of Englewood is listed as Additional Insured under the General Liability policy,when required by written contract. CERTIFICATE HOLDER cANcE|_|_AT|[)N SHOULD ANY or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN City of Englewood Ponce Depanmem ACCORDANCE WITH THE POLICY FRovIsIoNs. 3615 S.Elati Street AUTHORIZED REPRESENTATIVE Englewood CO 80110 I ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25 (2016103)The ACORD name and Iogo are registered marks ofACORD Page 426 of 460 W-9 (Rev.December 2014) Department of the Treasury Intemel Revenue Service Request for Taxpayer Identi?cation Number and Certification Give Form to the requester.Do not send to the IRS. 1 Name (as shown on your income tax return).Name is required on this line;do not leave this line blank. 2 usi ess name/disre ded entity name,if cliffer 1above (1; D lridividuavsole proprietor or D C Corporation single-member LLC the tax classification of the single—memberowner. (:Other (see instructions)> 3 Check appropriate box for federal tax classification;check only one of the following seven boxes:g s Corporation D Partnership Limited liabilitycompany.Enter the tax classification (C=C corporation,S=S corporation,P=partnership)> Note.For a single-member LLCthat is disregarded,do not check LLC:check the appropriate box in the line above for 4 Exemptions (codes apply only to certain entities,not individuals;see instructions on page 3): Exempt payee code (ifany) |:l Trust/estate Exemption from FATCA reporting code (ifany) (Applies to eeeoums maintained outside the us) ém )4/<5 :I/own Print ty p e See Specific Instr uctio ns onpage2. Requester’s name and address (optional) 1 List account /iumber(s)here (opibnei) W Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid backup withholding.For individuals,this is generally your social security number (SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other -- entities,it is your employer identification number (ElN).If you do not have a number,see How to geta TIN on page 3. Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Social security number OI’ Employer identification numberrrrrur Certification Under penalties of perjury,I certify that: 1.The number shown on this form is my correct taxpayer identi?cation number (orl am waiting for a number to be issued to me):and 2.I am not subject to backup withholding because:(a)I am exempt from backup withholding,or (b)I have not been notified by the Internal Revenue Service (IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or (c)the IRS has notified me that I amnolongersubjecttobackupwithholding:and 3.I am a U.S.citizen or other US.person (defined below);and 4.The FATCA code(s)entered on this fomi (if any)indicating that I am exempt from FATCA reporting is correct. Certi?cation instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdingbecauseyouhavefailedtoreportallinterestanddividendsonyourtaxreturn.For real estate transactions,item 2 does not apply.For mortgageinterestpaid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement (IRA),andgenerally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See theinstructionsonpage3./ Sign Signature of Here U.S.person b pments.Information about developments affecting Form W—9(such as legisl ion enacted after we release it)is at www.i’:s.gov/fws. Purpose of Form An individual or entity (Form w-9 requester)who is required to ?le an information return with the IRS must obtain your correct taxpayer identification number fl’IN) which may be your social security number (SSN),individual taxpayer identification number (ITIN),adoption taxpayer identi?cation number (ATIN),or employer identification number (EIN),to report on an information return the amount paid to you,or other amount reportable on an information return.Examples of information returns include,but are not limited to,the following: -Form 1099~|NT (interest earned or paid) -Form 1099-DIV(dividends,including those from stocks or mutualfunds) -Form 1U99—M|SC (various types of income,prizes,awards,or gross proceeds) 0 Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) -Form 1099-S (proceeds from real estate transactions) 0 Form1099-K(merchantcard and thirdparty networktransactions) Date > -Form 1098 (home mortgage in rest).1098—E (student loan interest),1o95—T (tuition) -Form 10990 (canceled debt) I Form 1099—A(acquisition or abandonment of secured property) Use Form We!)only if you are a U8.person (including a resident alien),to provide your correct TIN. If you do not return Form W—9to the requester with a TIN,you might be subject to backup withholding.See What is backup withholding?on page 2. By signing the filled~outform.you: 1.Certify that the TIN you are giving is correct (or you are waiting for a number to be issued). 2.Certify that you are not subject to backup withholding,or 3.Claim exemption from backup withholding if you are a US.exempt payee.If applicable,you are also certifying that as a US.person,your allocable share of any partnership income from a U.S.trade or business IS not subject to the withholding tax on foreign partners‘share of effectively connected income,and 4.Certifythat FATCA code(5)entered on this form [ifany)indicating that you are exempt from the FATCA reporting,is correct.See What is FATCA reporting?on page 2 for further information. Cat.No.1023lX Form W-9 (Rev.12—2o14) Page 427 of 460 PRODUCT PROTECTION LEVEL High Threat Protection THICKNESS VARIABLE, depending upon application and performance requirements NUMBER OF PLIES MULTIPLE TECHNICAL DATA (Optically Clear) Break Strength Starting at 800 psi & UP depending on threat level Tensile Strength 28,500 psi Peel Strength 8 psi Total Solar Energy Rejected 18% UV Rejection 99% PRODUCT APPLICATIONS CERTIFICATION & TESTING ASTM E84 – Burn Resistance ANSI Z97.1 - Bldg Glaze Materials CPSC 16 CFR – Architectural Glazing UL/ULC 752 – Bullet Resistance BMAG Level 1 – Blast Mitigation GSA Level 1 & 2 – Blast Resistance ULC S332-93 – Canadian-Burglar Resist. Bullet Resistance – 3rd Party Impact – EM356P4A Hurricane Testing Standards Hospital Safety Compliance LIMITED LIFETIME WARRANTY Superior Small Firearms Resistance Superior Blast Resistance Severe Storm Protection Energy Saving Properties Scratch-Resistant Coating CHEMICAL RESISTANCE Hydrogen Peroxide Ethanol Sulfuric Acid Mercurochrome Methyl Benzene Acetone Sodium Hydroxide Chlorine Bleach CLEAR ARMOR LLC Grayslake, IL 60030 p 847.665.8447 p 888.433.7980 f 847.223.2445 A division of Clear Armor. www.clear-armor.com www.truamor.com Transforming Glass into Armor™ BR Bullet Resistant for Extreme Protection PROTECT PRODUCT INFORMATION SHEET BREAKAGE CRIMINAL SVR STORM BLAST SM FIREARM UV PROTECT SAVE ENERGY “A Division of Clear-Armor LLC” Page 428 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: May 20, 2019 SUBJECT: Handbook for Boards, Commissions and Committees DESCRIPTION: Handbook for Boards, Commissions and Committees RECOMMENDATION: Staff requests that the City Council approve by motion the Handbook for Boards, Commissions, and Committees. PREVIOUS COUNCIL ACTION: On February 5, 2018, the City Council reviewed a first draft of the proposed Board and Commission Handbook. The City Council took no action at that time. On April 15, 2019 the City Council approved the draft Board and Commission Handbook to be placed on the an upcoming regular session agenda. SUMMARY: In the interest of establishing a clear course of conduct for all members of Boards, Commissions, and Committees, which conforms to law, City Staff has developed a Board and Commission Policy Manual. This policy manual addresses issues which have arisen during the last year, including: criteria for appointment, Colorado Open Meeting Law, action minutes, agenda setting, and the relationship of the staff liaison to the board/commission/committee. FINANCIAL IMPLICATIONS: N/A ATTACHMENTS: Handbook - Draft Page 429 of 460 Draft 1/29/2019 1 City of Englewood, Colorado 2019 HANDBOOK FOR MEMBERS OF BOARDS, COMMISSIONS AND COMMITTEES City of Englewood 1000 Englewood Parkway Englewood, CO 80110 Page 430 of 460 Draft 1/29/2019 2 Table of Contents Page No. Preface, Purpose and Authority, Equal Opportunity, Application 4 Types 5 Advisory Boards, Commissions, and Committees 5 Quasi-Judicial Boards, Committees and Commissions 5 Regulatory Boards, Committees and Commissions 5 Appointment Authority 5 Vacancies to be advertised 5 Reapplication 6 Incumbent Reapplication 6 Application Review Process 6 Application Interview Process 6 Mid-Term Vacancies 6 Timely Submission of Information 7 Criteria for Appointment 7 Application 7 Residency 7 Criminal Record 7 Conflicts 7 Contributive Potential 7 Reappointments 8 Background Check 8 Terms 9 Term Limits 9 Attendance Policy 9 Multiple Appointments 9 Conflict of Interest 9 Code of Conduct 10 Colorado Open Meeting Law 11 Boards & Commissions Open Meetings Guide 11 What constitutes a meeting? 11 Email or Telephonic Communication 11 Notice 12 Emergency Meetings 12 Direct Notification 12 Minutes 12 Page 431 of 460 Draft 1/29/2019 3 Public Voting 13 Executive Sessions 13 Penalties for violating the COML 13 Lobbying 14 Removal of Members 14 Assignment of Staff Support 14 Operation Procedures & Committee Member Responsibilities 14 By-Laws 14 Leadership 14 Council Liaison 15 Preparation of Agenda 15 Records 16 Communication with City Council 16 Meeting Location and Time 16 Compensation 17 Rules of Procedure 17 Meeting Guidelines 17 Legal Counsel 18 Staff Liaisons 19 Staff Reports to City Council 20 Procedure for Establishing a New Board, Commission or Committee 20 By Proposal of Citizens or City Departments 20 By City Council Action 20 Procedure for Elimination of a Board, Commission or Committee 21 Procedure for Modifying the Goals & Responsibilities of a Board, Commission Or Committee 21 Boards & Commissions with mandated liaisons (Chart) 22 Boards & Commissions with No Legislated Council Liaison (Chart) 24 Authorities Associated with Englewood Colorado (Chart) 27 Page 432 of 460 Draft 1/29/2019 4 HANDBOOK FOR MEMBERS OF BOARDS, COMMISSIONS, AND COMMITTEES PREFACE The City of Englewood believes in the value and benefits of community service and active public engagement. The men, women and youth who serve the City as volunteers and members of boards, commissions and committees are critical to Englewood’s dual mission of 1) providing quality services to its residents and 2) ensuring government processes are open, transparent and inclusive to establish, maintain and continue a superior quality of life for present and future residents. PURPOSE AND AUTHORITY Boards, commissions and committees are created under the authority of the City of Englewood Home Rule Charter, and through ordinance or resolution. Generally, boards, commissions and committees serve to gather and review information and ideas, and to hold open forums for community wide participation for the purpose of presenting options and recommendations to the City Council of the City of Englewood. Beyond that general purpose, the City Council is also authorized by the City’s Charter, within constitutional limitations, to delegate by ordinance to Boards and Commissions such functions, powers or authority as the Council shall deem proper and advisable. EQUAL OPPORTUNITY The City of Englewood actively encourages diversity of membership and participation on its boards, commissions and committees. The City of Englewood does not discriminate in its selection of members to serve upon boards, commissions and committees based on race, religion, color, national origin, gender, gender identity or expression of a person, sexual orientation, age, political affiliation, pregnancy, military status, disability, genetic information, or any other basis. APPLICATION This policy applies to the members appointed by the City Council to serve upon all boards, committees, and commissions of the City Council. This policy does not apply to internal committees established by Department Directors for informal processes. Page 433 of 460 Draft 1/29/2019 5 TYPES Each committee is unique in its purpose, mission, and role. It is important that members be familiar with their committee’s enabling laws and other authorizing documents to clearly understand the framework within which the committee must operate. Advisory Boards, Commissions, and Committees Per Charter §30, the City Council may create advisory bodies to provide input on policy and/or operational matters. The Council shall have the power and authority, within constitutional limitations, to delegate by ordinance to Boards and Commissions such functions, powers or authority herein conferred upon the City as the Council shall deem proper and advisable within its discretion. Advisory bodies may study existing policy and/or operational procedures for changes or implementation, either upon their own initiative or at the request of the City Council, to provide recommendations to the City Council. Advisory bodies do not have authority to enforce policy or create rules, but their analysis and recommendations can play an important role in furthering the effective operation of City government. Examples of advisory bodies are the Parks and Recreation Commission and the Code Enforcement Advisory Committee. Quasi-Judicial Boards, Committees, and Commissions Boards, commissions, and committees with quasi-judicial authority have the ability to apply regulations to a specific case or set of facts to decide the rights of an individual or specific property in a manner similar to a court. Examples of boards and commissions with this legal authority include the Planning and Zoning Commission and the Board of Adjustment and Appeals (C.R.S. 46, 47 and 48) Regulatory Boards, Committees and Commissions Usually regulatory types of bodies are created by statute or ordinance and perform rule - making or administrative hearing functions. These bodies are legally mandated to meet standards with which locally created bodies are not required to conform, and that often may not be changed by action of the City Council. An example of this type of body is the Englewood Urban Renewal Authority. APPOINTMENT AUTHORITY Members are appointed by resolution to the various boards, commissions, and committees by a majority vote of the Englewood City Council. Steps in the Appointment Process. Vacancies to be advertised Twice annually the City of Englewood administrative staff publicizes vacancies that occur upon the City’s boards, committees, and commissions. Notice is posted on the City’s website announcing the type of vacancy, where to obtain an application and the closing date for accepting applications. Other general notices are placed in other publications as are Page 434 of 460 Draft 1/29/2019 6 available. Notice is generally posted in November and April. The application period remains open for a minimum of two weeks. Commissioners, existing board and committee members, and others are also encouraged to recruit interested citizens to apply for vacancies. While applications may be accepted between application periods and held until the next vacancy occurs, application outside of the application period is strongly discouraged. Applications received outside a regular application period may contain outdated or incomplete information, or may be inadvertently left out of consideration. Reapplication Applicants whose applications have been on file for less than one year may be contacted to determine their current interest in resubmitting their application. To assure consideration, however, all interested citizens must request of the City Manager’s office that a previously submitted application be reconsidered. Incumbent Reapplication Prior to the expiration of an incumbent’s term, he or she may apply for reappointment if eligible. Failure to reapply within the period provided for submission of applications shall be a de facto decision not to be considered for service upon such board, commission or committee during the upcoming term. Application Review Process Applications for membership submitted by interested citizens are reviewed in both January and June. Application Interview Process All applicants are interviewed by the City Council. The length of the interview is usually about ten minutes. During the interview the members of the City Council ask each applicant a standard set of questions. The interview serves as an opportunity for members of the City Council to meet each interested citizen and discover the citizen’s specific interests and skills in an effort to select those individuals who will be the best fit for each board, commission, and committee. During the interview an applicant may be asked for permission to consider him/her for an alternative board or commission that may align with the applicant’s stated skills and interests. Mid-Term Vacancies Mid-term vacancies occurring on boards, commissions, or committees may be filled by the City Council either at the time of vacancy or during the next regularly scheduled appointment period. If applications remain on file which are less than one year old, the Council may select a replacement from that pool of applications rather than solicit new applicants. An individual appointed to fill the vacant position serves to complete the remainder of the vacated term. Page 435 of 460 Draft 1/29/2019 7 Timely Submission of Information City Council requires all information relating to appointments to boards, committees, and commissions be received by Council Members and made available to the public prior to the applicant interview process. Information submitted after the posted date is unlikely to be considered as it would be unavailable to the City Council or public. Criteria for Appointment/Service A. Application. All applicants for appointment or re-appointment must provide to the City Manager a completed application on a form provided by the City Manager’s Office prior to the posted deadline. B. Residency. Unless otherwise provided within the enabling legislation, appointment to boards, commissions or committees are limited to residents of City of Englewood. Persons residing outside the City may be considered and appointed to pos itions not legally restricted to City residents when determined appropriate by the City Council only when residents of the City are not available. Individuals who move outside the City of Englewood shall formally resign their seat upon the conclusion of their residency. C. Criminal Record. Because individuals appointed to a City board, commission, or committee hold a position of trust in the community, persons convicted of a felony, domestic violence offense, or a serious misdemeanor involving moral turpitude (conduct contrary to community standards of justice, honesty and good morals) are not eligible to serve on a City board, commission, or committee, until five (5) years following the completion of any sentence imposed for the offense. The application form shall contain a provision for a statement under oath that the candidate is eligible to serve on a board, commission, or committee under the criteria set forth in this paragraph. Individuals convicted of any such criminal offense shall formally resign their seat upon conviction. Individuals charged with serious criminal offenses may be requested to refrain from attendance until the conclusion of any court proceedings upon the matter. D. Conflicts. Except as specifically required or allowed by law, City employees (including elected officials), and persons who have been a City of Englewood elected official during the previous twelve months, are not eligible for appointment to any City board, commission, or committee. Similarly, to avoid issues of bias or preferential treatment within the contracting process, persons who are applying for, or have, a contract for provision of services and/or goods to the City of Englewood are not eligible to serve upon any City board, commission, or committee. Individuals who apply to become contractors/become contractors to the City of Englewood, either in their personal capacity or through any commercial enterprise in which they hold an ownership interest, shall formally resign their seat upon filings such application or accepting such contract, whichever shall occur first. Individuals who are in active litigation with the City or involved in a criminal matter that involves the City may be deemed to have a conflict of interest if such matter could impact such individual’s recommendations or input to the committee or the city council. Upon resolution of such matter the conflict is deemed resolved. E. Contributive Potential. The City Council shall evaluate the potential contribution that each applicant may bring to a specific board, commission, or committee. Guiding Page 436 of 460 Draft 1/29/2019 8 factors include: 1. Desire, ability and time to perform the service. 2. Ability to express ideas, concepts, and philosophies. 3. Experience in the community. 4. Special knowledge important to a particular board, commission, or committee. 5. The ability to represent the interests of the community as a whole and not serve the interests of a special interest. 6. Ability to work collaboratively with other members, staff, elected officials, and the public. 7. An assurance of a willingness to commit the time necessary to carry-out the duties of the board, commission, or committee. F. Reappointments. In addition to the criteria above, the City Council will also evaluate incumbents using the following criteria: 1. Attendance. The expected minimum number of meetings attended by members is 75% of all meetings held, regardless of whether absences are excused or unexcused. Members who attend less than 60% of the meetings during any fiscal year are generally not eligible for reappointment. 2. Knowledge. An individual who has previously served upon a board, commission, or committee should have demonstrated a clear understanding of the function of that board, commission, or committee. 3. Positive Reflection upon the City. An individual who has previously served upon a board, commission, or committee should have not taken any actions that reflect negatively upon the City, especially in association with their service as a board, commission, or committee. 4. Team Player/Effort. An individual who has previously served upon a board, commission, or committee should have demonstrated effectiveness as a participating member of the body through contributions that help the body find success. 5. Term of service. Number of terms served must not exceed that allowed by Charter. 6. Recommendation from the Chair of the board, commission, or committee. Each member requesting reappointment must have a positive recommendation from the Chair of that board, commission, or committee. If such incumbent is the current chair, the former chair may provide the recommendation. If the former chair is not available to provide such recommendation, the council liaison may request letters of recommendation be submitted by the two longest serving members of such board or commission. Background Check All applicants/volunteers for public service should be cognizant that criminal history information is information which may become public as a result of applying to serve and/or serving in a public position. The City of Englewood does not conduct background checks upon all applicants or volunteers seeking to serve the public. Background checks will be conducted when information is made known to the City that suggests a background check would protect the Page 437 of 460 Draft 1/29/2019 9 interests of the City and its citizens. Information received through a background check will not be generally available to the public, and the individual will be notified in advance of performing such background check. The cost of the background check will be borne by the City. Persons with convictions for felonies or misdemeanors involving inflicting physical harm upon another person that extend beyond the five (5) year prohibition as described above, may be determined to be ineligible to serve upon any board, commission, committee or authority when such individual remains on parole/probation or other monitoring service imposed by the court. Terms Terms are established within the enabling legislation of each board, commission or committee. Whenever possible, terms will be set to expire at either year end or mid-year. Terms may be adjusted as necessary to maintain staggered expiration dates. Term Limits No person shall serve on the same board, commission, or committee for more than three (3) terms. For a regular term of two (2) years or less: Appointments resulting in service of less than one (1) year made to fill an unexpired term shall not be considered as a full term. Appointments resulting in service of one (1) year or more shall be considered a full term. For a term greater than two (2) years: Appointments resulting in service of less than two (2) years made to fill an unexpired term shall not be considered as a full term. Appointments resulting in service of two (2) years or more shall be considered a full term. ATTENDANCE POLICY Attendance is reviewed based upon a twelve (12) month term (annual term) of service. The first year of the term of service begins on the first day of the first month of which the appointment occurred (first day of annual term), and concludes on the last day of the twelfth month following the first day of annual term. All board, commission, and committee members shall be deemed to have regular attendance if they attend at least seventy-five percent (75%) of all meetings within each twelve (12) month term of service. No differentiation is made between excused or unexcused absences of members. Members who miss more than 60% of the meetings during any annual term may be removed upon recommendation of the Chair of the board, commission or committee, and action of the City Council. Members seeking reappointment, or appointment to another board, commission, or committee must have regular attendance verified. Verification shall be attested to by the Chair of such board, commission, or committee. Note: A member who was not present at a meeting during which a public hearing was convened, Page 438 of 460 Draft 1/29/2019 10 shall not later participate in a continuation of such public hearing, nor participate in any decision resulting from such public hearing. Note: When an alternate member is seated as a member of the body at the beginning of a public hearing, such alternate shall remain seated throughout the entirety of the public hearing. MULTIPLE APPOINTMENTS Generally, no non-elected person shall serve on more than one board, commission, or committee at any one time. Anything to the contrary herein notwithstanding, an individual may be appointed to serve on two boards, commissions, or committees if: (1) the individual applies for appointment/reappointment; (2) the individual is otherwise eligible for appointment/reappointment; and (3) no other qualified individual submits an application to one or more of the impacted boards, commissions, or committees. CONFLICT OF INTEREST All members of boards, committees, or commissions must avoid any conflict of interest. A conflict of interest is 1) a direct legal interest in the outcome of any decision/recommendation of the board, or 2) any type of direct pecuniary interest in the matter. A direct legal interest means ownership, or other legal property interest, of specific property involved in a question, or a party to a legal action involving the matter. An example of a direct interest would be voting on a matter involving one’s own property interest. Ownership implies the right to possess a thing, regardless of any actual or constructive control. Shopping at a store or attending a church would not constitute direct legal interest. Such interest is ancillary. Direct pecuniary interest means money will be earned, received or spent by the individual as a result of the decision. An example of a direct interest would be voting on a matter involving a business that does competing business with the member’s business/employer’s business. Another example would be voting on a matter involving a business in which the member or member’s spouse has some form of ownership interest. Shopping at a store or attending a church would not constitute direct legal interest. Such interest is ancillary. If a member of a board, commission, or committee believes that the member has a conflict of interest with respect to a matter pending before the board, commission, or committee, the member shall act in conformance with Bob’s Rules of Procedure. A member so disqualifying himself or herself shall have no personal presence before, or direct communication with, the other members of the board, commission, or committee regarding the matter at issue as a member of such board, commission, or committee. The individual may request to be heard by the board, commission, or committee in the same manner as any other interested member of the public. The recused member shall not sit with the board, commission, or committee at any time when the matter is being discussed or acted upon. Failure of a member to disclose that he or she has a conflict of interest on a matter under consideration by the particular board, commission, or committee may be cause for removal from the Page 439 of 460 Draft 1/29/2019 11 board, commission, or committee. Page 440 of 460 Draft 1/29/2019 12 CODE OF CONDUCT Appointees to all City boards, commissions and committees shall treat others in a professional manner. Courtesy, honesty and respect for others are important attributes for all public servants whether appointed, elected or employed. Additionally, the ethical rules, including rules regarding acceptance of gifts and gratuities, adopted by the City Council shall be applicable to all such appointees. A. City Council, Board and Commission Members and City Employees will not solicit or accept any personal gift, gratuity, favor, entertainment, loan or any other item of monetary value from any organization, business firm or person who has or is seeking to obtain business with the City, or from any organization, business firm or individual whose interests may be affected by the City Council, Board and Commission Members, or City employee's performance or non-performance of official duties. If a City Council Member, a Board or Commission Member, or a City employee receives any gift or gratuity or other thing of value under this section which practically cannot be returned, it will immediately be turned over to the City and become City property. B. Acceptance of nominal gifts in keeping with special occasions, such as marriage, retirement or illness, food and refreshments in the ordinary course of business meetings, unsolicited advertising or promotional material (e.g., pens, notepads, calendars, etc.), or social courtesies which promote good public relations is permitted. C. Contributions may be made for flower funds or special gifts for co-workers. Participation in such activities, including contributions for nominal gifts to supervisors, must be voluntary on the part of each City Council Member, Board and Commission Member or City employee. D. City Council, Board and Commission Members, or City employees should avoid relationships, both business and personal, that create the appearance of favoritism, coercion, unfair advantage or collusion. If such relationship exists, the individual shall state such upon the record and recuse themselves from all future actions upon the matter. E. Gifts to the City may not be received by a board, commission, or committee, but must be received by the City Council as provided for in Section 80 of the City Charter. F. A member serving on a board, commission or committee who is charged with a felony, domestic violence or serious misdemeanor involving moral turpitude, shall take a temporary leave of absence until the matter is resolved. If such matter may be resolved without conviction or diversion, the member may return to the board, commission or committee. If the individual is convicted of a felony, domestic violence or misdemeanor involving moral turpitude, such member shall resign from the board, commission, or committee within 30 days of the conviction. If the member fails to resign the matter shall be placed before the City Council for determination as to fitness to serve. Page 441 of 460 Draft 1/29/2019 13 COLORADO OPEN MEETING LAW It is the responsibility of every member of a board, commission, or committee to understand the requirements of the Open Meeting Law and to assure that they individually, and the board, commission, or committee as a whole, operates within the letter and spirit of the law. Boards and Commissions Open Meetings Guide Englewood’s boards, commissions, and committees, are local public bodies subject to Colorado’s Open Meetings Law (COML). What constitutes a meeting? A meeting is “any kind of gathering, convened to discuss public business, in person, by telephone, electronically, or by other means of communication. All meetings of a quorum or three or more members of any local public body, whichever is fewer, at which any public business is discussed or at which any formal action may be taken are declared to be public meetings open to the public at all times. Meetings do not include chance meetings or social gatherings at which discussion of public business is not the central purpose, such as holiday gatherings. Note: If a subcommittee is comprised of three or more members of any lo cal public body, and the subcommittee meets to discuss the business of the body, then the rules of COML apply. Email or telephonic Communication All communications between a quorum or three or more members of any board, commission, or committee, whichever is fewer, at which any business of the board, commission, or committee is discussed, or at which any formal action may be taken, are declared to be public meetings open to the public at all times. The members may not do indirectly--through an agent, through e-mail, through serial meetings--what they are prohibited from doing directly. Once an indirect interactive communication becomes a “meeting” as defined by COML then the interactive communication is subject to the COML requirements. For instance, if e-mail between members becomes extensive enough that it amounts to a discussion between a majority of a quorum of the business or affairs of the body, the COML's procedural safeguards are triggered. Note: COML allows for meetings or participation in meetings by telephone, but if a board or commission decides to allow for telephonic meetings, a clear written policy, approved by the City Attorney’s Office, must be adopted by the body. Members may not participate telephonically in a public hearing. Page 442 of 460 Draft 1/29/2019 14 Notice COML 24-6-402(2)(b) and (c) requires that any meetings at which the adoption of any proposed policy, position, resolution, rule, regulation, or formal action occurs or at which three or more members of the public body are in attendance, or are expected to be in attendance, shall be held only after full and timely notice to the public. Notice of the meeting shall be posted by noon on the Thursday prior to the date of the meeting by the staff liaison in accordance with the City’s notice policies, and shall also be provided to the city clerk and the City Manager’s office. The notices will also be posted on the City’s bulletin board located on the 2nd floor of the Englewood Civic Center no less than twenty-four hours before the meeting, but the official posting shall be the City’s website. Agenda information, and supplemental information, should be made available to the public at the time meeting notice is posted when possible. Emergency Meetings The COML does not reference emergency meetings. The Court of Appeals has held that actions taken in an emergency meeting and later ratified at a regular meeting do not violate the COML. Direct Notification Any person interested in receiving meeting notices may sign up through “Notify Me”, a system that requires individuals to provide an e-mail address and to check a box indicating their interest in receiving notifications for any board, commission, or committee meeting. (https://englewoodgov.civicweb.net/Portal/MeetingTypeList.aspx). Requests receive notices in a non-electronic format may be made to the City Clerk, or Chair of the body. Unintentional failure to provide notice does not void actions taken at the meeting. Minutes Action minutes are taken at all meetings of the body by the staff liaison. Action minutes are decision-only minutes that “exclude any discussions that went into making the decision and capture the conclusion and/or action for a topic to be taken.” Action minutes also include reference to the actual time any member entered or left the meeting while the meeting was in session, and reference to any parliamentary action taken by the chair of the body pursuant to Bob’s Rules. (“Actions”) (See https://www.meetingminutes.com/meeting-minutes-formats.php#action-minutes for examples of action minutes.) If executive session occurs, the motion, including topic of discussion, persons included, and statutory citation, should be reflected in the meeting minutes. All meetings, and executive sessions, shall be recorded using audio recording technology. The recording of the meeting shall be uploaded by the staff liaison to the City’s meetings portal within forty-eight (48) hours following conclusion of any meeting. Recordings of executive sessions are held by the City Clerk for ninety (90) Page 443 of 460 Draft 1/29/2019 15 days. Such recordings are destroyed after ninety (90) days unless subject to review of the district court. If recording equipment fails to record, whether the failure is technical or intentional, the staff liaison shall include within the minutes any “action” that occurred during the unrecorded period. Approved minutes of a meeting are the official record of the actions that transpired at the meeting. Minutes shall not be amended to hide actions of the body. When there is a perceived conflict between a recording of the meeting and approved minutes, the approved minutes shall be deemed the official record of the transaction, but the staff liaison shall append written explanation for the conflict. A member who was not present at a meeting should not vote to approve/disapprove the minutes of such meeting. Public Voting No voting shall be by secret ballot. Executive Sessions Executive sessions are only permitted for limited types of decisions that rarely occur with a board, commission or committee. For example, consideration of property transactions, attorney client privileged communications, matters required to be kept confidential by federal or state law, or security arrangements or investigations. Procedures for recessing into executive session must comply with C.R.S. 24-6-402. Please consult with the City’s legal counsel prior to recessing into an executive session to avoid violations of COML. Penalties for Violating the COML Actions taken at noncompliant meetings are invalid, but may be brought back for reconsideration at a subsequent compliant meeting. Additionally, members are subject to removal from the board for intentional violations or actions that any reasonable person would recognize to be a violation of COML LOBBYING Lobbying on legislative or political matters shall be conducted in accordance with C.R.S. § 24-6- 303 (2008). REMOVAL OF MEMBERS Except as otherwise limited by applicable law or ordinance, the City Council may, by majority vote during a regular meeting, remove any of the appointed members of a City board, commission, or committee in accordance with Charter §53. Page 444 of 460 Draft 1/29/2019 16 ASSIGNMENT OF STAFF SUPPORT All boards, commissions, and committees will be assigned a staff liaison to serve as recording secretary and provide other staff support as necessary. When boards, commissions or committees deal primarily with issues of a single department, they are typically assigned to that department for staff support. OPERATION PROCEDURES AND COMMITTEE MEMBER RESPONSIBILITIES Bylaws The enabling legislation for several boards, commissions, and committees provides for the adoption of bylaws governing the procedures of those bodies. Where such bylaws exist they shall be interpreted in conformance with this adopted policy manual wherever possible, City Charter, and applicable provisions of the City’s Code. Such bylaws shall be annually reviewed and approved no later than March of each year, and such approved bylaws submitted to the City Clerk no later than April 1st of each year. Leadership Except as otherwise provided by law, ordinance or resolution, there shall be an annual election of a chairperson and vice-chairperson held by all boards, commissions, and committees created by the City Council. The Chairperson is the center of the committee process and is key to the operation and effectiveness of the board, commission or committee. The chairperson must make every attempt to run the meeting by the rules of procedure adopted by the City Council and ensure that a fair democratic process is provided to all members of the group and to the public at large. It is the responsibility of the chairperson to read and understand the adopted rules of procedures. The chairperson should take care to ensure the committee deliberations and discussion stay focused on the issue at hand. The chairperson is responsible for seeking compromise and finding common ground for the body. The chairperson, or a designee, should be able to represent the views and actions of the entire board, commission, or committee to the City Council and community groups. A member should only serve as chairperson for two consecutive years. Thereafter, such individual may again serve as chairperson only when two or more years have passed since the member last served as chairperson. City Council Participation with Boards, Commissions and Committees Unless otherwise provided by law, ordinance or resolution, a City Council member serving as representative of the City Council upon a board, commission, or committee in conformance with the enabling legislation of such board, commission or committee shall not serve as chairperson or vice-chairperson. City Council members seeking membership upon a board, commission, or committee established by State law must be appointed by Resolution, as such appointment will not run Page 445 of 460 Draft 1/29/2019 17 concurrent with their seat on the City Council. A council liaison is not considered a member of the board, commission or committee. A council liaison is not subject to the COML in association with the board’s meetings or communications, but may not be used as an agent to avoid COML requirements. The relationship of a council liaison to the board/commission/committee is generally that of a citizen. The council liaison may provide a report from the City Council to the board/commission/committee, and may provide a report to the City Council regarding such board/commission/committee. Preparation of Agendas Order of Business. All meetings, except executive sessions, shall be open to the public. Members of the public may speak during scheduled public comment and at public hearings. The agenda shall be as follows: 1. Call to order 2. Roll Call. 3. Consideration of minutes of previous session. 4. Public Comment 5. Reports (council liaisons, staff liaisons, subcommittees, city manager, etc.) 6. New Business 7. Public Hearing items (quasi-judicial boards/commissions) 8. Old Business 9. General Discussion of Member’s Concerns 10. Adjournment Matters within the scope of the body’s authority which a board, commission, or committee member, a department director, the City manager or a City Council member desires to be heard and reviewed by a specific board, commission, or committee shall be placed on the agenda by using the appropriate board, commission, or committee agenda form and such item shall be attributed to the requestor on the agenda. Requests to be heard upon matters within the scope of the body’s authority shall be submitted by an individual citizen or outside entity in the form of a letter of request to appear before the board, commission, or committee no less than fourteen (14) days prior to the next scheduled board, commission, or committee meeting. The letter should be addressed to the Chairperson of the board, commission or committee, and should describe the item to be considered, whether it is a discussion or action item, and should state the approximate time needed. The document may be sent to either the City Manager’s Office or the office of the staff liaison to be forwarded to the Chairperson. Any supporting documents must be submitted no less than seven (7) working days prior to the meeting date. The Chairperson will timely advise the staff liaison whether to place the matter on the agenda or otherwise advise the requester that the Chairperson will not place the matter on the agenda unless Page 446 of 460 Draft 1/29/2019 18 requested to do so by another member, the City manager or the City Council liaison. The Chairperson will work with the staff liaison to review agendas for appropriate timing and placement of items. Records Boards, commissions, and committees are subject to the Colorado Open Records laws. Procedural compliance with the law is a function of staff liaison support in most instances. However, from time to time, members of boards, commissions, and committees will receive communications regarding matters within their scope of activities. All types of communications, including email, constitute a public record and the City is obligated to retain such communications in accordance with guidelines and policies prescribed by law. Similarly, communications to members, to citizens, officials and staff are public records as well. Members of boards, commissions, and committees should provide a copy of all communications to their respective staff liaison for inclusion in the public record. Communication with City Council Expressions of a board, commission, or committee’s position, recommendation or request for any action shall be in the form of a resolution, motion or other written communication, setting forth the reasons, facts, policies, and/or findings of the body supporting the communication and shall be directed to the City Council and the City Manager. When a member is present at a City Council meeting to address the City Council on a matter of such board, commission or committee, the member should take care to represent the viewpoint of the particular board, commission, or committee as a whole and to avoid expressing his or her personal opinion unless clearly stated as such. Meeting Location and Time The City Manager’s Office, or designee, shall designate meeting locations for the City’s boards, commissions, and committees. It is the policy of the City Council that meetings: A. Should be recorded, and televised if feasible; B. Should be held at a time and location designed to facilitate public att endance and participation; C. Should be held at a time and location reasonably convenient to the membership of the board, commission, or committee; D. Should be scheduled on a reasonably consistent basis in regard to the time and location for meetings of a particular board, commission, or committee; and E. Should be scheduled in a manner that conserves City resources when possible. Compensation Members of boards, commissions, and committees serve without compensation unless authorized by statute, ordinance or resolution adopted by the City Council. Members may be reimbursed for authorized travel expenses incidental to their service, in conformance with Page 447 of 460 Draft 1/29/2019 19 the budget of such board, commission or committee. Rules of Procedure Per Charter §53, each board, commission and committee shall operate in accordance with Bob’s Rules of Procedure, the rules of procedure adopted by the City Council. Meeting Guidelines Quorum Required. A quorum is typically 51% of the membership of the body, unless otherwise set by enabling legislation or bylaws. A formal meeting shall not be convened without 51% of the membership present. When No Quorum Is Possible. If the chairperson is aware that a quorum will not be present for a scheduled public meeting, then the meeting shall be cancelled. When possible it shall be cancelled by providing email notice to any applicable notification list and posting the cancellation notice at the door of the noticed meeting location. Cancelling a meeting shall be entirely the responsibility of the chair. When No Agenda. If the board, commission, or committee does not have any business to bring forward (after staff and chair confer), the chair shall notify staff in writing that he/she is cancelling the meeting due to there being no cases to be heard, no business to discuss, no matters to bring forth, etc. Staff should then create/post an agenda for the meeting date in iCompass with the Chair’s email as an attachment. Distribute as usual. Procedures. The chair shall notify the staff liaison in writing to cancel the meeting as soon as the chair becomes aware of the need for a cancellation. The staff liaison will update the agenda on the City’s meetings portal and on the official public meeting board to read. “A quorum could not be confirmed; therefore, the Chair has cancelled the meeting scheduled for (date) and (time).” If There Is a Loss of Quorum. If for any reason during a public meeting that has been convened the public body loses its quorum, the chairperson shall call a break in the meeting until the quorum returns to the meeting. At the discretion of the chairperson the meeting may be adjourned (without a vote) after providing for public comment if the quorum does not timely reappear. Legal Counsel The City Attorney’s Office provides legal support to the boards, commissions, and committees created by the City Council and for those where state statute identifies the City Attorney as legal counsel. The City Attorney advises and represents the City departments and employees as they fulfill their official duties, expresses legal opinions, and defends the actions of city officials and employees carried in their official capacities. The City Attorney can provide valuable information and advice regarding statutes, Page 448 of 460 Draft 1/29/2019 20 ordinances and legal issues. A board, commission, or committee that follows the advice of the City Attorney increases its defenses from liability and is more likely to avoid legal issues for themselves and the City. Members may request the following kinds of information from the City Attorney: Assurance that the board, commission, or committee’s decisions and actions fall within statutory authority. Input about conflicts of interest. Input about compliance with the Colorado Open Meeting Law requirements. Requests for formal legal opinions must be directed through the appropriate department director for review and to the City Manager or appropriate elected official for approval prior to sending the request to the City Attorney’s Office. No ordinance may be brought forward to the City Council from a board, commission, or committee until it has been approved as to form by the City Attorney’s Office. The City Attorney’s Office will review for conflicts with existing code, clarity of language, and enforceability. Such review typically requires sixty days. Members are discouraged from submitting draft ordinances to the City Attorney’s Office prior to direction from the City Council due to the intensive amount of time invested in ordinance review. The City Attorney does not approve any other form of communication between the board, commission, or committee and the City Council. Staff Liaisons As staff liaisons to boards, commissions, and committees, City staff members provide a variety of professional assistance and administrative functions, including: preparing and distributing meeting notices and agendas, record keeping, providing professional guidance and analysis, and serving as the communication link between boards, committees, and commissions or Council. Staff liaisons will consult with the board, commission, or committee chairperson on the preparation of agendas, and receive the chair’s approval, in writing, of the agenda before submitting the agenda. Staff liaisons are staff professionals with significant responsibilities in addition to their board, commission, or committee activities. The staff liaison role is one of communications to assist boards, commissions, and committees in their work. It is important for the orderly working of the City that all members of each board, commission, or committee be sensitive to the fact City staff are City employees, and are not “committee staff” and do not work “for” or “at the direction” of a board, commission, or committee. City Charter § 32 specifically prohibits members of City Council appointed committees from either publicly or privately directing or interfering with the work of any officer or employee of the City. Attempt to do so is deemed misconduct and grounds for immediate removal from an appointed position. Page 449 of 460 Draft 1/29/2019 21 Reports to City Council Annually each board, commission, or committee, usually the chair or vice-chair, is expected to present or participate in a presentation of the board, commission, or committee to the City Council. At this meeting the board, commission, or committee members should update the City Council on their activities of the previous twelve (12) months, and seek direction from the City Council regarding future endeavors of such board, commission, or committee. The City Council may direct a board, commission, or committee to study and provide recommendations upon any appropriate subject. The City Council utilizes the boards, commissions, and committees to provide advice, technical review, and other forms of input which the City Council may then incorporate into their decision making process. This section shall not be construed to be made applicable to quasi-judicial determinations of a board, commission, or committee, which shall be presented to the City Council in conformance with State law and/or City Code. Subcommittees Boards, committees, and commissions are authorized to create subcommittees for purposes related to the goals of such entity. If a subcommittee is comprised of three or more members of any local public body, and the subcommittee meets to discuss the business of the body, then the rules of COML apply. PROCEDURE FOR ESTABLISHING A NEW BOARD, COMMISSION OR COMMITTEE New boards, commissions, and committees may be established in two ways: By Proposal of Citizens or City Departments With the consent of the City Manager, citizen action committee, or City department, proposals for establishing new boards, commissions, and committees will be submitted to the City Council for consideration. If approved, the City Manager will request a resolution, from the City Attorney’s office, establishing the new board, commission, or committee, including the purpose and duration of the board, commission or committee. The resolution shall be submitted to the City Council for approval. Upon approval, the department assigned responsibility for the new entity will work with the City Manager’s office to prepare application forms and advertise for applicants for the new board, commission, or committee. By City Council Action The City Council may propose the formation of a new board, commission, or committee and assign it to a department. The assigned department will assist in the preparation of applications and advertising as described above. Page 450 of 460 Draft 1/29/2019 22 PROCEDURE FOR ELIMINATION OF A BOARD, COMMISSION, OR COMMITTEE At least annually, the City Manager shall evaluate the usefulness and necessity of each board, commission, and committee not required by State or Federal law. If the City Manager determines that one or more is no longer useful or necessary, the City Manager shall place an item on an agenda for a City Council meeting to consider elimination of any such boards, commissions, or committees at issue. PROCEDURE FOR MODIFYING THE GOALS AND RESPONSIBILITES OF A BOARD, COMMISSION, OR COMMITTEE At least annually, the City Manager shall evaluate the usefulness and necessity of each board, commission, and committee not required by State or Federal law. If the City Manager determines that a board, commission, or committee could be adapted to more strategically meet the current needs of the City, the City Manager shall place an item on an agenda for a City Council meeting to consider modification of the duties or structure of any such boards, commissions, or committees. Page 451 of 460 Draft 1/29/2019 23 BOARDS AND COMMISSIONS WITH MANDATED LIAISONS NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? Budget Advisory Committee to advise Council on development, implementation, and evaluation of the annual City Budget 2-14-1, amended by Ord. 29, (2017). 5 members, appointed by City Council to overlapping three-year terms Y, up to two N N Code Enforcement Advisory Committee advisory committee focused on the activities and services of code enforcement and regulatory processes of the Neighborhood Services section of the Police Department 2-10-1 7 members, appointed by City Council to overlapping two-year terms 3 ex-officio staff members appointed by the City Manager 2 Council liaison members Y N N Malley Center Trust Fund Over the age of 55 Active in the affairs of the Elsie Malley Centennial Center Trustees appointed by Council serve three-year terms 4-3-9 1 Trustee from City Council appointed to serve at Council’s pleasure for a term not to exceed two years 1 Trustee appointed by City Council from the membership of the Parks and Recreation Commission to serve during tenure 3 Trustees to be appointed by City Council upon recommendation of Parks and Recreation Commission which have the following qualifications: Resident of the City Y N N Nonemergency Employees Retirement Board to effect the management and administration of the "City of Englewood Nonemergency Employees 2-7-1, 3-4-11 1 member of City Council, selected by a majority of City Council City Treasurer 2 City Employees who are members of the Nonemergency Employees No – but a member of city council serves as a voting N N Page 452 of 460 Draft 1/29/2019 24 NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? Retirement Plan" established to meet the requirements of Sections 401(a) and 501(a) of the Internal Revenue Code. Retirement Plan and Trust, selected by a vote of such members 3 qualified electors appointed by City Council The City Manager or his designee serves in an advisory capacity as nonvoting ex officio member Members serve four-year terms provided they continue to possess necessary qualifications (i.e. Council Member serves during his or her term in office and Treasurer serves during his or her tenure) member of the board Water and Sewer Board plan for the continued adequacy of the domestic water supply and system and sanitary sewer systems 2-3-1, Charter Article VII, Part IV Mayor 2 Council Members selected by City Council 6 members appointed by Council to overlapping 6- year terms City Manager appoints a representative from the City Administration to serve as an ex officio nonvoting member Y N N Page 453 of 460 Draft 1/29/2019 25 BOARDS AND COMMISSIONS WITH NO LEGISLATED COUNCIL LIAISON NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? Alliance for Commerce in Englewood Committee advisory group to the City Council, focused on the creation of an environment in which existing business can thrive and new business can prosper 2-11-1 9 members appointed by City Council to overlapping three-year terms Y N Y Board of Adjustment and Appeals hear and determine appeals from refusal of building permits; make special exceptions to the terms of the zoning regulations 16-2-1(C), Charter Article VIII, Part III 7 members, appointed by Council to overlapping four-year terms No elected official or employee may serve on BAA. N – quasi- judicial functions N Y Cultural Arts Commission to provide for ongoing systematic planning for the development of cultural arts activities within the City and to implement an Arts Plan 2-9-1 7 members, appointed by City Council to overlapping three-year terms N N N Election Commission Carry out the duties and responsibilities of C.R.S. 31-10- 101 et seq. (2017) 2-1-1 4 members, appointed to four-year terms by City Council No more than two members from any one Council district City Clerk is ex officio member N quasi- judicial functions N N Firefighters Pension Fund/Board the authority to issue regulations designed to carry out the purpose of EMC 3-1-1 et seq, and to hold hearings, take evidence, receive information, and to make final and binding decisions, awards and resolutions 3-6-1-1 Membership and terms not established in EMC, only the fund itself N N N Page 454 of 460 Draft 1/29/2019 26 NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? respecting the eligibility of applicants for initial and continued payment of Supplemental benefits. Historic Preservation Commission An Advisory Committee focused on preserving the aesthetic, historical, architectural, and geographic heritage of the City Ordinance 27, (2017) 7 members appointed by City Council Y N N Keep Englewood Beautiful Commission advisory to the City Council in all matters pertaining to Keep America Beautiful, Inc. 2-8-1 9 members appointed by City Council to overlapping two-year terms Y N N Parks and Recreation Commission Advise City Council in all matters pertaining to recreation 2-4-1 9 members appointed by City Council, two members shall be under 18 years of age when appointed Overlapping four-year terms, except for those under 18 when appointed N Y N Planning and Zoning Commission Land use and comprehensive plan 2-5-1, Charter Article VII, Part II 9 members appointed by City Council to overlapping four-year terms City Manager appoints an administrative officer as an ex officio nonvoting member N quasi- judicial functions N Y Police and Fire Supplemental Disability Board 3-6-1-2(I) 2 members from police ranks chosen by a majority of the PD for three-year terms 1 citizen board member from the Police Pension Board 1 citizen board member from the Firefighters Pension Board FAS Director Mayor N N N Page 455 of 460 Draft 1/29/2019 27 NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? Police Officers Pension Board N/A Referenced (under Police and Fire Supplemental Disability Board), but not created by EMC N N N Public Library Board Prepare and submit to Council a master plan for the development and maintaining of a modern library system and 2-2-3 of the EMC 2-2-1, Charter Article VII, Part I 9 members, appointed to overlapping four-year terms by City Council. City Manager appoints a member of the library staff to be an ex officio nonvoting member N N N Transportation Advisory Committee Advisory committee focused on transportation issues in the City of Englewood 2-12-1 5 members appointed by City Council to overlapping four-year terms 3 ex officio members appointed by the City Manager N N N Page 456 of 460 Draft 1/29/2019 28 AUTHORITIES ASSOCIATED WITH ENGLEWOOD, COLORADO NAME Purposes Enabling Legislation Membership according to EMC Council Liaison? Youth member? Alternates? Englewood Housing Authority Corporate body City of Englewood Resolution No. 48 (1972). That the Mayor of the City of Englewood, is hereby notified and directed to appoint members to a Housing Authority consisting of five (5) members, as provided for in State Statute. Referenced but not codified into EMC – An authority is not a board or commission, and is established pursuant to State law. A member of the City Council may be appointed by the City Council, in the same manner as all other appointments, to serve on the corporate board. This member would serve a standard membership upon the corporate board irrespective of term on City Council. N N N Liquor and Medical Marijuana Licensing Authority A Local Licensing Authority, which shall have and is vested with the authority to grant or refuse licenses for liquor and medical marijuana 2-6-1, 5-3A-3 5 members appointed by City Council to overlapping three-year terms City Clerk serves as official secretary of the authority and shall designate a person to provide the necessary secretarial and reporting services City Manager designates persons to serve as investigators on behalf of the authority. NOTE: This authority was replaced with a hearing officer effective January 1, 2018 pursuant to: Ordinance 65, 2017. N quasi- judicial functions N N Urban Renewal Authority Corporate body City of Englewood Resolution No. 49 (1972). The Mayor is directed to appoint members to an Urban Renewal Authority. According to the provisions of the Colorado Urban Renewal Law. (C.R.S. 31-25-104 (2)(a)(I) A member of the City Council may be appointed by the City Council, in the same manner as N N N Page 457 of 460 Draft 1/29/2019 29 all other appointments, to serve on the corporate board. This member would serve a standard membership upon the corporate board irrespective of term on City Council. Page 458 of 460 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Alison McKenney Brown DEPARTMENT: City Attorney's Office DATE: May 20, 2019 SUBJECT: Resolution regarding salary adjust: City Attorney DESCRIPTION: Resolution regarding salary adjust: City Attorney RECOMMENDATION: The City Attorney requests approval of a Resolution Establishing the Annual Salary of the City Attorney. PREVIOUS COUNCIL ACTION: The City Council hired the City Attorney in 2016. The City Attorney assumed the duties of the position on April 2, 2017. The City Council has taken no action to provide for an annual salary adjustment for the City Attorney since she was employed. SUMMARY: The City annually reviews salaries for all employees and makes adjustments to reflect market salary levels, and such adjustments reflect an average increase of 3.1% annually. The Bureau of Labor Statistics has determined that the annual wage increase for an attorney in the Denver/Aurora/Lakewood area is 4.5% annually. FINANCIAL IMPLICATIONS: The City Attorney's Department Budget provides for an annual increase for all employees of the Department. ATTACHMENTS: Resolution Establishing The Annual Salary for the City Attorney Page 459 of 460 RESOLUTION NO. ___ SERIES OF 2019 A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY ATTORNEY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of establishing compensation for the City Attorney; WHEREAS, the City Attorney assumed the duties of the position on April 2, 2017; WHEREAS, the City annually reviews salaries for all employees and makes adjustments to reflect market salary levels, and such adjustments reflect an average increase of 3.1% annually; WHEREAS, the City Council has not adjusted the salary of the City Attorney since she was hired by the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual base pay for the City Attorney shall be increased _____% commencing May 27, 2019. ADOPTED AND APPROVED this 20th day of May, 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 460 of 460