HomeMy WebLinkAbout2018-01-02 (Regular) Meeting Agenda Packet
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1000 Englewood Pkwy – Council Chambers
Englewood, CO 80110
AGENDA
City Council Regular Meeting
Tuesday, January 2, 2018 ♦ 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 from the Regular City Council Meeting of December 4, 2017.
City Council Regular - 04 Dec 2017 - Minutes - Pdf
6. Recognition of Scheduled Public Comment The deadline to sign up to speak for Scheduled Public
Comment is Wednesday, prior to the meeting, through the City Manager’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.)
a. Holiday Lighting Awards
b. Elaine Hults, an Englewood resident, will address Council.
c. Kathleen Baily, an Englewood resident, will address Council regarding health and safety.
d. Doug Cohn, an Englewood resident, will address Council regarding Englewood's history.
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 presentation will be conducted in a respectful manner. Council may ask
questions for clarification, but there will not be any dialogue. Please limit your presentation to three
minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be
continued to General Discussion.)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments
9. Consent Agenda Items
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions
Page 1 of 208
Englewood City Council Regular Agenda
January 2, 2018
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
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i. Resolution Appointing a Hearing Officer for Liquor and Marijuana Licensing
Resolution Appointing a Hearing Officer for Liquor and Marijuana Licensing - Pdf
Staff recommends Council approve a Resolution appointing Hearing Officer
Kathie Guckenberger as the Englewood Licensing Authority for liquor and
marijuana licensing and approve, by motion, a professional services agreement.
Staff: City Clerk Stephanie Carlile
ii. Designation of the Official Posting Place for Legal Notices
Official Designation for all Public Noticing - Pdf
Staff recommends Council approve a Resolution designating the bulletin board
on the north side of the second floor of Englewood Civic Center as the official
posting place for all legal notices of the City of Englewood for 2018. Staff: City
Clerk Stephanie Carlile
10. Public Hearing Items
a. 3333, 3323, 3717 South Pearl Street Planned Unit Development
3333, 3323,33717 South Pearl Street PUD - Pdf
Council will conduct a Public Hearing on Council Bill 66, 3333, 3323, 3717 South Pearl
Street Planned Unit Development, pursuant to E.M.C 16-2-8(F) and 16-2-8(G)5. Staff:
Senior Planner Harold Stitt
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading
b. Approval of Ordinances on Second Reading
c. Resolutions and Motions
i. Slate Communications Contract Amendment for Communications and Marketing
needs for 2018
Slate Communications Contract - Pdf
Communications staff recommends City Council approve an amended
agreement to renew Slate Communications for communications and marketing
needs for 2018. Staff: Communications Manager Alison Carney
ii. L/E WWTP Bar Screens Replacement Project 2018
L/E WWTP Bar Screens Replacement Project 2018 - Pdf
The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends
that Council approve, by Motion, a contract for the Bar Screen Replacement
Project for replacement of two bar screens to J.R. Filanc Construction Company
in the amount of $465,000. Staff also recommends approval of a 5% change
order contingency in the amount of $23,250 for a total project cost of $488,250.
Staff: Deputy Director of Strategic Programs Blair Corning
iii. Extension of NavPoint Listing Contract for Englewood McLellan Reservoir
Foundation (EMRF)
Extension of NavPoint Listing Contract for (EMRF) - Pdf
The EMRF Board recommends that City Council approve a motion supporting the
extension of the existing listing contract with NavPoint Real Estate Group to
Page 2 of 208
Englewood City Council Regular Agenda
January 2, 2018
Please note: If you have a disability and need auxiliary aids or se rvices, please notify the City of Englewood
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market the remaining available parcels on behalf of the Englewood McLellan
Reservoir Foundation for an additional nine-month term. Staff: Utilities
Director Tom Brennan
iv. STEALTHbits Monitoring and Auditing Software Purchase
STEALTHbits Monitoring and Auditing Software Purchase - Pdf
The Information Technology Department recommends Council approve, by
Motion, a contract for $46,850.00 with STEALTHbits Technologies, Inc. for the
procurement and installation of StealthAUDIT for Active Directory and File
systems, StealthAUDIT Sensitive Data Discovery, and StealthINTERCEPT for
Active Directory and File Systems. Staff: IT Network Engineer Dan Siegrist
v. Purchasing agreement -- Lenco Armored Vehicles
Purchasing agreement -- Lenco Armored Vehicles - Pdf
Staff recommends the approval, by motion, of the purchase agreement between
the City of Englewood and Lenco Armored Vehicles to purchase a 2018 Lenco
BearCat armored rescue vehicle for the Police Department. The amount of the
agreement is $265,931.00. Staff: Commander Vance Fender
vi. Settlement of Quiet Title Action Gesin v. COE
Settlement regarding the City Ditch - Pdf
The City Attorney’s Office recommends that Council approve by Motion the
settlement in the above entitled action. Staff: City Attorney Alison McKenney
Brown
12. General Discussion
a. Mayor's Choice
i. Executive Session for discussion of specialized details of security arrangements
or investigations under C.R.S. Section 24-6-402.
ii. Executive Session for a conference with the City attorney for the purpose of
receiving legal advice on specific legal questions under C.R.S. Section 24-6-
402(4)(b).
b. Council Members' Choice
13. City Manager’s Report
14. City Attorney’s Report
15. Adjournment
Page 3 of 208
MINUTES
City Council Regular Meeting
Monday, December 4, 2017
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
Jefferson at 7:02 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 Joe Jefferson
Mayor Pro Tem Rita Russell
Council Member Laurett Barrentine
Council Member Amy Martinez
Council Member Dave Cuesta
Council Member Cheryl Wink
A quorum was present.
COUNCIL ABSENT: Council Member Linda Olson
STAFF PRESENT: City Manager Keck
City Attorney McKenney Brown
Interim Assistant City Manager Woulf
Acting City Clerk Carlile
Acting Deputy City Clerk McKinnon
Technical Support Specialist II Munnell, Information Technology
Director Rinkel, Finance and Administrative Services
Communications Manager Carney
Director Hargrove, Parks, Recreation and Library Services
Recreation Services Manager Spada, Golf Course
Deputy Police Chief Watson
Director Henderson, Public Works
Page 1 of 8
Draft
Page 4 of 208
City Council Regular
December 4, 2017
Director Powers, Community Development
5 Consideration of Minutes of Previous Session
a) Minutes from the Regular City Council Meeting of November 20, 2017.
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
MOTION TO AMEND THE MINUTES FROM NOVEMBER 20, 2017 TO
REFLECT THAT COUNCIL MEMBER AMY MARTINEZ WAS ABSENT AND
PARTICIPATED VIA PHONE.
MAYOR PRO TEM RUSSELL WITHDREW HER MOTION.
Moved by Council Member Amy Martinez
Seconded by Council Member Dave Cuesta
TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING
OF NOVEMBER 20, 2017.
For Against Abstained
Amy Martinez (Moved By) x
Joe Jefferson x
Laurett Barrentine x
Rita Russell x
Cheryl Wink x
Dave Cuesta (Seconded By) x
6 0 0
Motion CARRIED.
6 Recognition of Scheduled Public Comment
a) Council recognized the following students for the Student Art Calendar:
Xavier Webb, a 3rd Grader at Charles Hay World School.
“Senor Fox” is featured on the cover of the calendar.
Cris Woessner, an 11th Grader at Englewood High School.
“The Art of Creation and Destruction” is featured in January.
Justice Patton, a 5th Grader at Clayton Elementary.
“The New Color,” is featured in February.
Chloe Bennett, a 5th Grader at Charles Hay World School.
Page 2 of 8
Draft
Page 5 of 208
City Council Regular
December 4, 2017
“Creativity” is featured in March.
Elliot Engler, a 9th Grader at Colorado’s Finest High School of
Choice. “ Succ-ulent,” is featured in April.
Winter Lee-Link, an 11th Grader at Colorado’s Finest High School of
Choice. “Pink Ruffles,” is featured in May.
Giana Martinez, an 11th Grader at Colorado’s Finest High School of
Choice. “Mother Nature,” is featured in June.
Brianna Cheatum, a 10th Grader at Englewood High School.
“Butterfly Boy,” is featured in July.
Loni Medina, an 11th Grader at Colorado’s Finest High School of
Choice. “Pedals,” is featured in August.
Efrain Iniguez Leal Jr, a 3rd Grader at Clayton Elementary.
“Leaf,” is featured in September.
Tẽa Collins, a 3rd Grader at Clayton Elementary.
"A self portrait", is featured in October.
Tyler Venezia, an 11th Grader at Colorado’s Finest High School of
Choice. “Space Theory” is featured in November.
Jillian Knudtson, a 3rd Grader at Charles Hay World School.
“Winter Birds,” is featured in December.
b) Kathleen Bailey, an Englewood resident, addressed Council regarding being
present during Council Meetings.
c) Doug Cohn, an Englewood resident, addressed Council regarding
Englewood's history and the Englewood Speedway.
d) Jim Jordan, an Englewood resident, was scheduled to address Council
regarding censorship but was not present.
e) Brenda Hubka, an Englewood resident, addressed Council regarding roll off
dumpsters and code enforcement.
f) Elaine Hults, an Englewood resident, addressed Council regarding Charter
rules, regulations and the definition of "present".
g) Carolyn Marshall addressed Council regarding ADU's.
7 Recognition of Unscheduled Public Comment
No one signed up to speak under unscheduled public comment.
Page 3 of 8
Draft
Page 6 of 208
City Council Regular
December 4, 2017
Council Responded to Public Comment.
8 Communications, Proclamations, and Appointments
a) Traffic Incident Response Week Proclamation.
Moved by Council Member Rita Russell
Seconded by Council Member Amy Martinez
TO APPROVE A PROCLAMATION DECLARING NOVEMBER 13-19, 2017
AS TRAFFIC INCIDENT RESPONSE WEEK.
For Against Abstained
Amy Martinez (Seconded By) x
Joe Jefferson x
Laurett Barrentine x
Rita Russell (Moved By) x
Cheryl Wink x
Dave Cuesta x
6 0 0
Motion CARRIED.
9 Consent Agenda Items
a) Approval of Ordinances on First Reading
There were no Ordinances submitted for approval on First Reading.
b) Approval of Ordinances on Second Reading.
There were no Ordinances submitted for approval on Second Reading.
c) Resolutions and Motions
i) Resolution of Support for Colorado Lottery Division
Moved by Council Member Amy Martinez
Seconded by Council Member Cheryl Wink
RESOLUTION NO. 83, SERIES OF 2017
A RESOLUTION SUPPORTING RE-AUTHORIZATION BY THE
GENERAL ASSEMBLY OF THE COLORADO LOTTERY DIVISION IN
2018.
Page 4 of 8
Draft
Page 7 of 208
City Council Regular
December 4, 2017
For Against Abstained
Amy Martinez (Moved By) x
Joe Jefferson x
Laurett Barrentine x
Rita Russell x
Cheryl Wink (Seconded By) x
Dave Cuesta x
6 0 0
Motion CARRIED.
10 Public Hearing Items
No public hearing was scheduled before Council.
11 Ordinances, Resolutions and Motions
a) Approval of Ordinances on First Reading
There were no Ordinances submitted for approval on first reading.
b) Approval of Ordinances on Second Reading
There were no Ordinances submitted for approval on second reading.
c) Resolutions and Motions
i) Broken Tee Golf Course Restaurant Concessionaire Contract Renewal
Moved by Council Member Amy Martinez
Seconded by Council Member Rita Russell
MOTION APPROVING A CONTRACT WITH WESTERN GOLF
HOSPITALITY, LLC (FORMERLY BROKEN TEE GRILL, LLC), FOR THE
RENEWAL OF THE BROKEN TEE GOLF COURSE RESTAURANT
CONCESSIONAIRE AGREEMENT, IN THE AMOUNT OF $36,000
GUARANTEED LEASE PAYMENTS ANNUALLY AND IN ADDITION
THE CONCESSIONAIRE HAS AGREED TO COVER THE FIRST $3,500
OF ANY NECESSARY REPAIRS TO KITCHEN EQUIPMENT.
For Against Abstained
Amy Martinez (Moved By) x
Joe Jefferson x
Laurett Barrentine x
Rita Russell (Seconded By) x
Page 5 of 8
Draft
Page 8 of 208
City Council Regular
December 4, 2017
Cheryl Wink x
Dave Cuesta x
6 0 0
Motion CARRIED.
ii) Englewood Employee Association Collective Bargaining Agreement
Approval
Moved by Council Member Rita Russell
Seconded by Council Member Laurett Barrentine
MOTION TO APPROVE THE COLLECTIVE BARGAINING
AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEE
ASSOCIATION AND THE CITY OF ENGLEWOOD.
For Against Abstained
Amy Martinez x
Joe Jefferson x
Laurett Barrentine (Seconded
By)
x
Rita Russell (Moved By) x
Cheryl Wink x
Dave Cuesta x
6 0 0
Motion CARRIED.
iii) Resolution for 2017 Budget Re-appropriation for Security
Moved by Council Member Amy Martinez
Seconded by Council Member Laurett Barrentine
RESOLUTION NO. 84, SERIES OF 2017
A RESOLUTION APPOVING REAPPROPRIATION OF FUNDS FOR
SECURITY IMPLEMENTATION AT THE ENGLEWOOD CIVIC CENTER
AND RECREATION CENTER.
For Against Abstained
Amy Martinez (Moved By) x
Joe Jefferson x
Laurett Barrentine (Seconded
By)
x
Rita Russell x
Cheryl Wink x
Dave Cuesta x
Page 6 of 8
Draft
Page 9 of 208
City Council Regular
December 4, 2017
6 0 0
Motion CARRIED.
iv) Proposed 2018 Fee and Rate Changes
Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
MOTION TO TABLE AGENDA ITEM 11 (c)(iv) REGARDING 2018 FEE
AND RATE CHANGES TO JANUARY 16, 2018.
For Against Abstained
Amy Martinez x
Joe Jefferson x
Laurett Barrentine (Moved By) x
Rita Russell (Seconded By) x
Cheryl Wink x
Dave Cuesta x
6 0 0
Motion CARRIED. Tabled to January 16, 2018.
12 General Discussion
a) Mayor's Choice
b) Council Members' Choice
i) Holiday dinner discussion
Moved by Council Member Laurett Barrentine
Seconded by Council Member Rita Russell
MOTION TO NOT ALLOW TELEPHONIC PARTICIPATION IN CITY
COUNCIL MEETINGS AND VOTING SITUATIONS UNTIL FURTHER
DISCUSSION AND REVIEW OF CITY COUNCIL POLICIES.
For Against Abstained
Amy Martinez x
Joe Jefferson x
Laurett Barrentine (Moved By) x
Rita Russell (Seconded By) x
Cheryl Wink x
Dave Cuesta x
6 0 0
Page 7 of 8
Draft
Page 10 of 208
City Council Regular
December 4, 2017
Motion CARRIED.
13 City Manager’s Report
14 City Attorney’s Report
15 Adjournment
MAYOR JEFFERSON MOVED TO ADJOURN. The meeting adjourned at 10:05 p.m.
City Clerk
Page 8 of 8
Draft
Page 11 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Stephanie Carlile
DEPARTMENT: City Clerk's Office
DATE: January 2, 2018
SUBJECT:
Resolution Appointing a Hearing Officer for Liquor and
Marijuana Licensing
DESCRIPTION:
Resolution Appointing a Hearing Officer for Liquor and Marijuana Licensing
RECOMMENDATION:
Staff recommends Council approve a Resolution appointing Hearing Officer Kathie
Guckenberger as the Englewood Licensing Authority for liquor and marijuana licensin g and
approve, by motion, a professional services agreement.
PREVIOUS COUNCIL ACTION:
On November 6, 2017 Englewood City Council passed Ordinance 65 establishing a sole
Hearing Officer as the Local Licensing Authority for Liquor and Marijuana. The Hearing Officer
shall be annually appointed/reappointed by the City Council by resolution.
SUMMARY:
The hearing officer will fulfill all statutory requirements and duties of the Local Liquor &
Marijuana Licensing Authority as defined by state statute and modif ied by local ordinance,
including, but not limited to, review and upon license applications and associated documents,
conduct public hearings required on new liquor and fermented malt beverages and
Medical/Retail Marijuana license applications, transfers of ownership, and conduct show cause
hearings. The hearing officer's primary staff contact will be the City Clerk's office. The hearing
officer shall not hold any other City office, appointment or position. Additionally the Hearing
Officer shall not have any financial interest in the operation of any business located or operating
in the City that holds a license pursuant to the Colorado Beer Code, Colorado Liquor Code or
Colorado Medical /Retail Marijuana Code.
ANALYSIS:
Qualified interested individuals submitted a current resume with complete work history, wage
requirements, and references to the City Clerk's Office. Interviews were conducted by a panel
with representatives from the City Clerk's Office, City Attorney's Office and the Englewood
Police Department. Of the four qualified candidates interviewed, we selected a candidate based
on experience, qualifications, references and fees.
FINANCIAL IMPLICATIONS:
Page 12 of 208
Hourly rate of $185.00 per hour as needed not to exceed $10,000. The City Clerk's office has
budgeted $30,000 for professional services in 2018. $10,000 of this figure was specifically
budgeted for the Hearing Officer.
ATTACHMENTS:
Resolution
Contract approval summary
Contract
Page 13 of 208
RESOLUTION NO. ______
SERIES OF 2018
A RESOLUTION APPOINTING THE 2018 LOCAL LIQUOR AND
MARIJUANA LICENSING AUTHORITY FOR THE CITY OF
ENGLEWOOD, COLORADO, AND SETTING FORTH THE
TERMS OF SUCH APPOINTMENT.
WHEREAS, Title 2, Section 2-6-1 of the Englewood Municipal Code authorizes the
Englewood City Council to annually appoint a hearing officer to serve as the Englewood
Local Liquor and Marijuana Licensing Authority, and authorizes the City Council to
establish the rate of compensation for such services;
WHEREAS, Title 5, Section 5-3A-3 of the Englewood Municipal Code empowers the
Local Liquor and Marijuana Licensing Authority to exercise all powers of the local
licensing authority as set forth by the State of Colorado, to grant or refuse licenses for the
sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, to conduct
investigations as required by law, and to suspend or revoke such licenses for cause in the
manner provided by law;
WHEREAS, Title 5, Section 5-3D-2 of the Englewood Municipal Code empowers the
Local Liquor and Marijuana Licensing Authority to grant or refuse local licenses for the
cultivation, manufacture, distribution, and sale of Marijuana as provided by law, suspend,
fine, restrict, or revoke such licenses upon a violation of applicable law, or a rule
promulgated pursuant to applicable law, and may impose any penalty authorized by
applicable law or any rule promulgated pursuant to applicable law;
WHEREAS, Kathie Guckenberger, J.D., in association with Michow Cox & McAskin
LLP, was selected for appointment to the position of hearing officer, following an RFQ
application process, and interview, and a determination that she possessed the
qualifications set forth within the Englewood Municipal Code;
WHEREAS, the Englewood City Council desires to appoint Michow Cox & McAskin
LLP, as represented by Kathie Guckenberger, to serve as the Englewood Local Liquor and
Marijuana Licensing Authority, pursuant to the terms of a Professional Services Agreement
and all applicable provisions of the Englewood Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT:
Section 1. Michow Cox & McAskin, LLP, as represented by Kathie Guckenberger, an
attorney licensed to practice law in the State of Colorado, with experience in the areas of
marijuana and liquor licensing, is hereby appointed to serve as the Englewood Local Liquor
and Marijuana Licensing Authority. This appointment will be effective immediately and
will expire January 1, 2019, or until a successor is duly appointed and qualified.
Page 14 of 208
Section 2. In accordance with the appointment provided for in Section 1 above, the
professional services agreement by and between Michow Cox & McAskin, LLP and the
City of Englewood, which sets forth the terms of such appointment, is hereby approved,
and the Mayor is authorized to execute such agreement.
ADOPTED AND APPROVED this 2nd day of January, 2018.
ATTEST:
Joe Jefferson, 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 2018.
______________________________
Stephanie Carlile, City Clerk
Page 15 of 208
Contract Approval Summary
V10/25/2017
Page | 1
Contact Identification Information (to be completed by the City Clerk)
ID number:Authorizing Resolution/Ordinance: Resolution
Recording Information:
City Contact Information
Staff Contact Person: Stephanie Carlile Phone:303-762-2405
Title: City Clerk Email: scarlile@englewoodco.gov
Vendor Contact Information
Vendor Name: Michow Cox & McAskin LLP Vendor Contact: Kathie Guckenberger
Vendor Address: 6530 S. Yosemite St. Vendor Phone: 303-459-2725
City: Greenwood Village Vendor Email: kathie@mcm-legal.com
State: CO Zip Code: 80111
Contract Type
Contract Type:Professional Services
Description of ‘Other’ Contract Type:
Description of Contract Work/Services:
Attachments:
☒Contract -- ☐Original ☒Copy
☐Addendum(s)
☐Exhibit(s)
☐Certificate of Insurance
Summary of Terms:
Start Date: January 4, 2018 End Date: January 4, 2019 Total Years of Term: 1
Total Amount of Contract for term (or estimated amount
if based on item pricing):$185.00 per hour, not to exceed
$10,000.00 a year.
If Amended: Original Amount
$
Amendment Amount
$
Total as Amended:
$
Renewal options available:
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
Attachments:
☐Copy of original Contract if this is an amendment
1 year contract for Hearing Officer Services. Liquor and Marijuana new license applications,
transfers of ownerships, and conduct show cause hearings.
For additional detail and statement work see Schedule A.
Page 16 of 208
Contract Approval Summary
V10/25/2017
Page | 2
☐Copies of related Contracts/Conveyances/Documents
Source of funds:
Budgeted Funds: $ 10,000.00 per year.
Line Item Description:
Professional services
Line Item Total Funding:
$ 10,000.00
Portion of Line Item spent to
date: $ 0
Funding Source:Fund: 02 Division Code: 0602
Note (if needed):
Attachments:
☒Copy of budget page from current budget book if contract value $25,000 or over or
requires Council approval.
Process for Choosing Vendor:
☐Bid: ☐ Bid Evaluation Summary attached
☐ Bid Response of proposed awardee
☐RFP: ☐ RFP Evaluation Summary attached
☐ RFP Response of proposed awardee
☐Quotes: Copy of Quotes attached
☐Sole Source: Explain Need below
☒Other: Please describe
Qualified interested individuals submitted a current resume with complete work
history, wage requirements, and references to the City Clerk's Office. Interviews
were conducted by a panel with representatives from the City Clerk's Office, City
Attorney's Office and the Englewood Police Department. Of the four qualified
candidates interviewed, we selected a candidate based on experience,
qualifications, references and fees.
Page 17 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
1
PSA/17-42 Liquor and Marijuana Hearing Officer
PROFESSIONAL SERVICES AGREEMENT
Contract Number PSA-17-42
Liquor and Marijuana Hearing Officer $10,000 (not to exceed)
This Professional Services Agreement (the “Agreement”) is made as of this 20th, day of December
2017, (the “Effective Date”) by and between Michow Cox & McAskin, LLP, as represented by Kathie
Guckenberger (“Hearing Officer”), and The City of Englewood, Colorado, a municipal corporation
organized under the laws of the State of Colorado (“City”).
City desires that Hearing Officer, from time to time, provide certain services as described herein, and
Hearing Officer desires to perform such services on behalf of City on the terms and conditions set
forth herein.
In consideration of the foregoing and the terms hereinafter set forth and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto,
intending to be legally bound, agree as follows:
1. Definitions. The terms set forth below
shall be defined as follows:
(a) “Intellectual Property Rights”
shall mean any and all (by whatever name or
term known or designated) tangible and
intangible and now known or hereafter existing
(1) rights associate with works of authorship
throughout the universe, including but not
limited to copyrights, moral rights, and mask-
works, (2) trademark and trade name rights
and similar rights, (3) trade secret rights, (4)
patents, designs, algorithms and other
industrial property rights, (5) all other
intellectual and industrial property rights (of
every kind and nature throughout the universe
and however designated) (including logos,
“rental” rights and rights to remuneration),
whether arising by operation of law, contract,
license, or otherwise, and (6) all registrations,
initial applications, renewals, extensions,
continuations, divisions or reissues hereof now
or hereafter in force (including any rights in any
of the foregoing).
(b) “Work Product” shall mean all
patents, patent applications, inventions,
designs, mask works, processes,
methodologies, copyrights and copyrightable
works, trade secrets including confidential
information, data, designs, manuals, training
materials and documentation, formulas,
knowledge of manufacturing processes,
methods, prices, financial and accounting data,
products and product specifications and all
other Intellectual Property Rights created,
developed or prepared, documented and/or
delivered by Hearing Officer, pursuant to the
provision of the Services.
2. Statements of Work. During the term
hereof and subject to the terms and conditions
contained herein, Hearing Officer agrees to
provide services as the Local Liquor and
Marijuana Licensing Authority hearing officer
(the “Services”) as further described in
Schedule A (the “Statement of Work”) for City,
and in such additional Statements of Work as
may be executed by each of the parties hereto
from time to time pursuant to this Agreement.
Each Statement of Work shall specify the
scope of work, specifications, basis of
compensation and payment schedule,
estimated length of time required to complete
Page 18 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
2
PSA/17-42 Liquor and Marijuana Hearing Officer
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. Hearing Officer
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. Hearing
Officer 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. Hearing Officer agrees
to notify City promptly of any factor,
occurrence, or event coming to its attention
that may affect Hearing Officer’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, Hearing Officer shall
secure written instructions from City’s legal
counsel before proceeding with the
performance of the Services affected by such
omissions or discrepancies.
4. Invoices and Payment. Unless
otherwise provided in a Statement of Work,
City shall pay the amounts agreed to in a
Statement of Work within thirty (30) days
following the acceptance by City of the work
called for in a Statement of Work by City.
Acceptance procedures shall be outlined in the
Statement of Work. If City disputes all or any
portion of an invoice for charges, then City
shall pay the undisputed portion of the invoice
by the due date and shall provide the following
notification with respect to the disputed portion
of the invoice. City shall notify Hearing Officer
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 Hearing Officer 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 Hearing Officer
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 Hearing Officer.
Upon written notification by City and
subsequent verification by Hearing Officer,
Hearing Officer shall reimburse or credit, as
applicable, City in a timely manner, for any and
all taxes erroneously paid by City. City shall
provide Hearing Officer with, and Hearing
Officer shall accept in good faith, resale, direct
pay, or other exemption certificates, as
applicable.
6. Out of Pocket Expenses. Hearing
Officer shall be reimbursed only for expenses
which are expressly provided for in a
Statement of Work or which have been
approved in advance in writing by City,
provided Hearing Officer has furnished such
documentation for authorized expenses as City
may reasonably request.
7. Audits. Hearing Officer shall not be
subject to audits.
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8. Term and Termination. The term of
this Agreement shall commence on January 1,
2018, or upon that date thereafter upon which
both parties have approved this Agreement
(the effective date) and shall continue until
January 1, 2019, or until a successor is duly
appointed and qualified, unless the parties
mutually agree in writing to extend this appoint,
all in accordance with this Section 8.
(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 Hearing
Officer, pay Hearing Officer 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
(including any Confidential Information, as
defined in Section 11) of the other party that it
may have in its possession or control.
9. City Obligations. City will provide
timely access to City personnel, systems and
information required for Hearing Officer to
perform its obligations hereunder. City shall
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provide to Hearing Officer’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 Hearing Officer, obtain
all consents, licenses and sublicenses
necessary for Hearing Officer to perform under
the Statements of Work and shall pay any fees
or other costs associated with obtaining such
consents, licenses and sublicenses.
10. Staff. Hearing Officer is an
independent contractor and neither Hearing
Officer nor Hearing Officer’s staff is, or shall be
deemed to be employed by City. City is
hereby contracting with Hearing Officer for the
Services described in a Statement of Work and
Hearing Officer reserves the right to determine
the method, manner and means by which the
Services will be performed. The Services shall
be performed by Hearing Officer or Hearing
Officer’s staff, and City shall not be required to
hire, supervise or pay any assistants to help
Hearing Officer perform the Services under this
Agreement. Except to the extent that Hearing
Officer’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 Hearing Officer.
11. Confidential Information.
(a) Obligations. Each party hereto
may receive from the other party information
which relates to the other party’s business,
research, development, trade secrets or
business affairs (“Confidential Information”).
Subject to the provisions and exceptions set
forth in the Colorado Open Records Act, CRS
Section 24-72-101 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 Hearing Officer
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 Hearing Officers are advised of
the confidential nature of the Confidential
Information and are precluded from taking any
action prohibited under this Section 11.
Further, each party agrees not to alter or
remove any identification, copyright or other
proprietary rights notice which indicates the
ownership of any part of such Confidential
Information by the other party. A party hereto
shall undertake to immediately notify the other
party in writing of all circumstances
surrounding any possession, use or knowledge
of Confidential Information at any location or by
any person or entity other than those
authorized by this Agreement.
Notwithstanding the foregoing, nothing in this
Agreement shall restrict either party with
respect to information or data identical or
similar to that contained in the Confidential
Information of the other party but which (1) that
party rightfully possessed before it received
such information from the other as evidenced
by written documentation; (2) subsequently
becomes publicly available through no fault of
that party; (3) is subsequently furnished
rightfully to that party by a third party without
restrictions on use or disclosure; or (4) is
required to be disclosed by law, provided that
the disclosing party will exercise reasonable
efforts to notify the other party prior to
disclosure.
(b) Know-How. For the avoidance of
doubt neither City nor Hearing Officer shall be
prevented from making use of know-how and
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principles learned or experience gained of a
non-proprietary and non-confidential nature.
(c) Remedies. Each of the parties
hereto agree that if any of them, their officers,
employees or anyone obtaining access to the
Confidential Information of the other party by,
through or under them, breaches any provision
of this Section 11, the non-breaching party
shall be entitled to an accounting and
repayment of all profits, compensation,
commissions, remunerations and benefits
which the breaching party, its officers or
employees directly or indirectly realize or may
realize as a result of or growing out of, or in
connection with any such breach. In addition
to, and not in limitation of the foregoing, in the
event of any breach of this Section 11, the
parties agree that the non-breaching party will
suffer irreparable harm and that the total
amount of monetary damages for any such
injury to the non-breaching party arising from a
violation of this Section 11 would be impossible
to calculate and would therefore be an
inadequate remedy at law. Accordingly, the
parties agree that the non-breaching party
shall be entitled to temporary and permanent
injunctive relief against the breaching party, its
officers or employees and such other rights
and remedies to which the non-breaching party
may be entitled to at law, in equity or under this
Agreement for any violation of this Section 11.
The provisions of this Section 11 shall survive
the expiration or termination of this Agreement
for any reason.
12. Project Managers. Each party shall
designate one of its employees to be its
Project Manager under each Statement of
Work, who shall act for that party on all matters
under the Statement of Work. Each party shall
notify the other in writing of any replacement of
a Project Manager. The Project Managers for
each Statement of Work shall meet as often as
either one requests to review the status of the
Statement of Work.
13. Warranties.
(a) Authority. Hearing Officer
represents and warrants that: (1) Hearing
Officer 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 Hearing
Officer, and the performance by Hearing
Officer of its obligations and duties hereunder,
do not and will not violate any agreement to
which Hearing Officer is a party or by which it
is otherwise bound under any applicable law,
rule or regulation; (3) when executed and
delivered by Hearing Officer, this Agreement
will constitute the legal, valid and binding
obligation of such party, enforceable against
such party in accordance with its terms; and
(4) Hearing Officer 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. Hearing Officer
warrants that its employees and Hearing
Officers 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, Hearing Officer 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, with
both parties understanding that Kathie
Guckenberger is the employee anticipated by
City to generally fulfill the terms of the
agreement. During the course of performance
of Services, City may, for any or no reason,
request replacement of an employee or a
proposed employee. In such event, Hearing
Officer shall, within five (5) working days of
receipt of such request from City, provide a
substitute employee of sufficient skill,
knowledge, and training to perform the
applicable Services. Hearing Officer shall
require employees providing Services at a City
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location to comply with applicable City security
and safety regulations and policies.
(d) Compensation and Benefits.
Hearing Officer 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 Hearing Officer or to any employee
for Hearing Officer’s failure to perform its
compensation, benefit, or tax obligations.
Hearing Officer shall indemnify, defend and
hold City harmless from and against all such
taxes, contributions and benefits and will
comply with all associated governmental
regulations, including the filing of all necessary
reports and returns.
14. Indemnification.
(a) Hearing Officer Indemnification
of City. Hearing Officer 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
Hearing Officer or its representatives in the
performance of Hearing Officer’s obligations
under this Agreement, or (2) any material
breach in a representation, warranty, covenant
or obligation of Hearing Officer contained in
this Agreement.
(b) Infringement. Hearing Officer 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 Hearing Officer
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 Hearing
Officer 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 Hearing Officer or its sub-Hearing
Officers; or (3) use of the Work Product other
than as permitted under this Agreement.
(c) Indemnification Procedures.
Notwithstanding anything else contained in this
Agreement, no obligation to indemnify which is
set forth in this Section 14 shall apply unless
the party claiming indemnification notifies the
other party as soon as practicable to avoid any
prejudice in the claim, suit or proceeding of any
matters in respect of which the indemnity may
apply and of which the notifying party has
knowledge and gives the other party the
opportunity to control the response thereto and
the defense thereof; provided, however, that
the party claiming indemnification shall have
the right to participate in any legal proceedings
to contest and defend a claim for
indemnification involving a third party and to be
represented by its own attorneys, all at such
party’s cost and expense; provided further,
however, that no settlement or compromise of
an asserted third-party claim other than the
payment/money may be made without the prior
written consent of the party claiming
indemnification.
(d) Immunity. City, its officers, and its
employees, are relying on, and do not waive or
intend to waive by any provision of this
Agreement, the monetary limitations or any
other rights, immunities, and protections
provided by the Colorado Governmental
Immunity Act, C.R.S. 24-10-101 et seq., as
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from time to time amended, or otherwise
available to City, its officers, or its employees.
15. Insurance.
(a) Requirements. Hearing Officer
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 Hearing Officer 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 Hearing Officer’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
Hearing Officer 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. Hearing Officer shall
provide City with certificates of insurance
evidencing compliance with this Section 15
(including evidence of renewal of insurance)
signed by authorized representatives of the
respective carriers for each year that this
Agreement is in effect. Certificates of
insurance will list the City of Englewood as an
additional insured. Each certificate of
insurance shall provide that the issuing
company shall not cancel, reduce, or otherwise
materially change the insurance afforded under
the above policies unless thirty (30) days’
notice of such cancellation, reduction or
material change has been provided to City.
16. Rights in Work Product.
(a) Generally. Except as specifically
agreed to the contrary in any Statement of
Work, all Intellectual Property Rights in and to
the Work Product produced or provided by
Hearing Officer under any Statement of Work
shall remain the property of Hearing Officer.
With respect to the Work Product, Hearing
Officer 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 Hearing Officers
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
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without disclosure of any Confidential
Information of the other party.
17. Relationship of Parties. Hearing
Officer is acting only as an independent
Contractor and does not undertake, by this
Agreement, any Statement of Work or
otherwise, to perform any obligation of City,
whether regulatory or contractual, or to
assume any responsibility for City’s business
or operations. Neither party shall act or
represent itself, directly or by implication, as an
agent of the other, except as expressly
authorized in a Statement of Work.
18. Complete Agreement. This
Agreement, including Schedule A, contains the
entire agreement between the parties hereto
with respect to the matters covered herein.
19. Applicable Law. Hearing Officer 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.
20. Scope of Agreement. If the scope of
any provisions of this Agreement is too broad
in any respect whatsoever to permit
enforcement to its fullest extent, then such
provision shall be enforced to the maximum
extent permitted by law, and the parties hereto
consent to and agree that such scope may be
judicially modified accordingly and that the
whole of such provision of this Agreement shall
not thereby fail, but that the scope of such
provision shall be curtailed only to the extent
necessary to conform to law.
21. Additional Work. After receipt of a
Statement of Work, City, with Hearing Officer’s
consent, may request Hearing Officer to
undertake additional work with respect to such
Statement of Work. In such event, City and
Hearing Officer shall execute an addendum to
the Statement of Work specifying such
additional work and the compensation to be
paid to Hearing Officer for such additional
work.
22. Sub-Contractors. Hearing Officer 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-Hearing Officer
shall be subject to all of the obligations of
Hearing Officer specified in this Agreement.
23. Notices. Any notice provided pursuant
to this Agreement shall be in writing to the
parties at the addresses set forth below and
shall be deemed given (1) if by hand delivery,
upon receipt thereof, (2) three (3) days after
deposit in the United States mails, postage
prepaid, certified mail, return receipt requested
or (3) one (1) day after deposit with a
nationally-recognized overnight courier,
specifying overnight priority delivery. Either
party may change its address for purposes of
this Agreement at any time by giving written
notice of such change to the other party
hereto.
24. Assignment. This Agreement may not
be assigned by Hearing Officer without the
prior written consent of City. Except for the
prohibition of an assignment contained in the
preceding sentence, this Agreement shall be
binding upon and inure to the benefit of the
heirs, successors and assigns of the parties
hereto.
25. Third Party Beneficiaries. This
Agreement is entered into solely for the benefit
of the parties hereto and shall not confer any
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rights upon any person or entity not a party to
this Agreement.
26. Headings. The section headings in
this Agreement are solely for convenience and
shall not be considered in its interpretation.
The recitals set forth on the first page of this
Agreement are incorporated into the body of
this Agreement. The exhibits referred to
throughout this Agreement and any Statement
of Work prepared in conformance with this
Agreement are incorporated into this
Agreement.
27. Waiver. The failure of either party at
any time to require performance by the other
party of any provision of this Agreement shall
not effect in any way the full right to require
such performance at any subsequent time; nor
shall the waiver by either party of a breach of
any provision of this Agreement be taken or
held to be a waiver of the provision itself.
28. Force Majeure. If performance by
Hearing Officer 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
Hearing Officer, then Hearing Officer 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 Hearing Officer.
29. Time of Performance. Time is
expressly made of the essence with respect to
each and every term and provision of this
Agreement.
30. Permits. Hearing Officer 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. Hearing Officer 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, Hearing Officer shall make
any change, alteration or modification that may
be necessary to comply with any Applicable
Laws that Hearing Officer failed to comply with
at the time of performance of the Services.
31. Media Releases. Except for any
announcement intended solely for internal
distribution by Hearing Officer or any
disclosure required by legal, accounting, or
regulatory requirements beyond the
reasonable control of Hearing Officer, all media
releases, public announcements, or public
disclosures (including, but not limited to,
promotional or marketing material) by Hearing
Officer 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.
Hearing Officer shall not represent directly or
indirectly that any Services provided by
Hearing Officer to City has been approved or
endorsed by City or include the name, trade
mark, or symbol of City on a list of Hearing
Officer’s customers without City’s express
written consent.
32. Nonexclusive Market and Purchase
Rights. It is expressly understood and agreed
that this Agreement does not grant to Hearing
Officer 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. Hearing Officer agrees
that acquisitions by City pursuant to this
Agreement shall neither restrict the right of City
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to cease acquiring nor require City to continue
any level of such acquisitions. Estimates or
forecasts furnished by City to Hearing Officer
prior to or during the term of this Agreement
shall not constitute commitments.
33. Survival. The provisions of Sections 5,
8(g), 10, 11, 13, 14, 16, 17, 19, 23, 25 and 31
shall survive any expiration or termination for
any reason of this Agreement.
34. Verification of Compliance with C.R.S.
8-17.5-101 ET.SEQ. Regarding Hiring of
Illegal Aliens:
(a) Employees, Hearing Officers
and Sub-Hearing Officers: Hearing Officer
shall not knowingly employ or contract with an
illegal alien to perform work under this
Contract. Hearing Officer shall not contract
with a sub-Hearing Officer that fails to certify to
the Hearing Officer that the sub-Hearing
Officer 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: Hearing Officer
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. Hearing
Officer 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 Hearing Officer obtains actual
knowledge that a sub-Hearing Officer
performing work under this Contract knowingly
employs or contracts with an illegal alien, the
Hearing Officer shall;
(1) notify the sub-Hearing
Officer and the City within three days
that the Hearing Officer has actual
knowledge that the sub-Hearing Officer
is employing or contracting with an
illegal alien; and
(2) terminate the subcontract
with the sub-Hearing Officer if, within
three days of receiving notice required
pursuant to this paragraph the sub-
Hearing Officer does not stop
employing or contracting with the illegal
alien; except that the Hearing Officer
shall not terminate the contract with the
sub-Hearing Officer if during such three
days the sub-Hearing Officer provides
information to establish that the sub-
Hearing Officer has not knowingly
employed or contracted with an illegal
alien.
(d) Duty to Comply with State
Investigation: Hearing Officer 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
Hearing Officer’s breach of any section of this
paragraph or provisions required pursuant to
CRS 8-17.5-102. Hearing Officer shall be
liable for actual and consequential damages to
the City in addition to any other legal or
equitable remedy the City may be entitled to
for a breach of this Contract under this
Paragraph 34.
Page 27 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
11
PSA/17-42 Liquor and Marijuana Hearing Officer
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:
Joe Jefferson, Mayor
Date: _______________________________
Michow Cox & McAskin, LLP
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
Page 28 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
12
PSA/17-42 Liquor and Marijuana Hearing Officer
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
Liquor and Marijuana Licensing Authority/Hearing Officer
1. GENERAL
The hearing officer will fulfill all statutory requirements and duties of the Local Liquor & Marijuana
Licensing Authority as defined by state statute and modified by local ordinance, including, but not
limited to, review and upon license applications and associated documents, conduct public hearings
required on new liquor and fermented malt beverages and Medical/Retail Marijuana license
applications, transfers of ownership, and conduct show cause hearings. The hearing officer's primary
staff contact will be the City Clerk's office. The hearing officer shall not hold any other City office,
appointment or position. Additionally the Hearing Officer shall not have any financial interest in the
operation of any business located or operating in the City that holds a license pursuant to the
Colorado Beer Code, Colorado Liquor Code or Colorado Medical /Retail Marijuana Code.
2. NAMES, PHONE NUMBERS AND EMAILS OF PROJECT COORDINATORS
Jackie McKinnon: City of Englewood 303-762-2429
jmckinnon@englewoodco.gov
Kathie Guckenberger: Michow Cox & Mcaskin LLP. Attorneys at Law 303-459-2725
kathie@mcm-legal.com
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
The hearing officer will fulfill all statutory requirements and duties of the Local Liquor & Marijuana
Licensing Authority as defined by state statute and modified by local ordinance, including, but not
limited to, review and upon license applications and associated documents, conduct public hearings
required on new liquor and fermented malt beverages and Medical/Retail Marijuana license
applications, transfers of ownership, and conduct show cause hearings. The hearing officer's primary
staff contact will be the City Clerk's office. The hearing officer shall not hold any other City office,
appointment or position. Additionally the Hearing Officer shall not have any financial interest in the
operation of any business located or operating in the City that holds a license pursuant to the
Colorado Beer Code, Colorado Liquor Code or Colorado Medical /Retail Marijuana Code.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY
None
5. OTHER HEARING OFFICER RESOURCES
None
Page 29 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
13
PSA/17-42 Liquor and Marijuana Hearing Officer
6. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
Hold public hearings, and provide written determinations in a timely manner, all as needed to exercise
the powers of the local liquor and marijuana licensing authority as established by the State of Colorado
and local ordinance/code, to grant or refuse licenses for the sale at retail of malt, vinous or spirituous
liquors, fermented malt beverages, and the cultivation, manufacture, distribution, and sale of
Marijuana, to conduct investigations as required by law, and to suspend, fine, restrict, or revoke such
licenses for cause in the manner provided by law, and to impose any penalty authorized by applicable
law or any rule promulgated pursuant to applicable law.
7. SPECIAL TERMS, IF ANY
Yearly reappointment and renewal of contract.
8. MODE OF PAYMENT
Check or Credit Card.
9. PAYMENT SCHEDULE
Payment shall be made for services rendered based on the hourly rate of $185.00. The Firm charges
fees in six-minute (1/10 hour) increments. In addition to hourly fee for services, the Firm also charges
for all necessary and incidental out-of-pocket expenses, including, but not limited to: office expenses,
computerized legal research, court reporting services, and court or other filing fees. The Firm does
not generally charge for routine photocopying and long-distance telephone or cell phone calls, but
does charge for especially large copying jobs, color copies, and hosting conference calls, in some
instances. Out-of-pocket expenses are charged at actual cost. Due to the proximity between the City
of Englewood and the Firm’s office, there will be no charge for travel time.
All payments to Hearing Officer shall not exceed $10,000.00 a year.
Invoices shall be paid by City within 30 days of receipt.
10. SCHEDULE AND PERFORMANCE MILESTONES
The City of Englewood Clerk’s Office will schedule the Hearing Officer to preside over public hearings
as needed.
11. ACCEPTANCE AND TESTING PROCEDURES
None
Page 30 of 208
___________________________________________________________________________________________________
1000 Englewood Parkway, Englewood, Colorado 80110-2373
(303) 762-2300 www.englewoodgov.org
14
PSA/17-42 Liquor and Marijuana Hearing Officer
12. LOCATION OF WORK FACILITIES
Substantially all of the work associated with this agreement, other than public hearings, will be
conducted by the Hearing Officer at its regular office located in Greenwood Village.
City will provide the City office space and support as it agrees may be appropriate. Public hearings
shall take place at the City of Englewood City Council Chambers.
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services Agreement
between the parties hereto dated _______________, 20__, the parties have executed this Statement
of Work as of this ______ day of ________________, 20__.
CITY OF ENGLEWOOD, COLORADO
By:
Joe Jefferson, Mayor
Date: _______________________________
Michow Cox & McAskin, LLP
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
Page 31 of 208
Page 32 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Stephanie Carlile
DEPARTMENT: City Clerk's Office
DATE: January 2, 2018
SUBJECT: Designation of the Official Posting Place for Legal Notices
DESCRIPTION:
Designation of the Official Posting Place for Legal Notices
RECOMMENDATION:
Staff recommends Council approve a Resolution designating the bulletin board on the north side
of the second floor of Englewood Civic Center as the official posting place for all legal notices of
the City of Englewood for 2018.
PREVIOUS COUNCIL ACTION:
On January 3, 2017 City Council designated the bulletin board on the north side of the second
floor of the Englewood Civic Center as the Official Posting Place for all Legal Notices of the City
of Englewood for 2017.
SUMMARY:
Colorado Revised Statutes, § 24-6-402(2)(c) provides that “In addition to any other means of full
and timely notice, a local public body shall be deemed to have given full and timely notice if the
notice of the meeting is posted in a designated public place within the boundaries of the local
public body no less than twenty-four hours prior to the holding of the meeting.”
The Open Meetings Law, State Statute §24-6-402(2)(c) requires that the public place or places
for posting legal notices shall be designated annually at the local public body’s first regular
meeting of each calendar year.
In addition to the Bulletin Board, legal notices will be posted to the City of Englewood's website,
all in conformance with C.R.S. § 24-6-402(2)(c).
FINANCIAL IMPLICATIONS:
None
Page 33 of 208
RESOLUTION NO. _____
SERIES OF 2018
A RESOLUTION DESIGNATING THE OFFICIAL POSTING PLACE
FOR ALL LEGAL NOTICES OF THE CITY OF ENGLEWOOD FOR 2017.
WHEREAS, Colorado Revised Statutes, § 24-6-402(2)(c) provides that “In addition to any
other means of full and timely notice, a local public body shall be deemed to have given full and
timely notice if the notice of the meeting is posted in a designated public place within the
boundaries of the local public body no less than twenty-four hours prior to the holding of the
meeting.”
WHEREAS, C.R.S. § 24-6-402(2)(c) also provides that the public place or places for posting
legal notices shall be designated annually at the local public body’s first regular meeting of each
calendar year.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The official posting place for all legal notices of the City of Englewood for the year
2018, shall be the Bulletin Board on the north side of the second floor of the Englewood Civic
Center, with all posts designated by the heading “OFFICIAL CITY NOTICE.” Additionally, legal
notices will be posted to the City of Englewood’s website, all in conformance with C.R.S. § 24-6-
402(2)(c).
Section 2. This Resolution does not in any way of itself create a requirement for notice.
ADOPTED AND APPROVED this 2nd day of January, 2018.
ATTEST:
Joe Jefferson, 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 2018.
______________________________
Stephanie Carlile, City Clerk
Page 34 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Harold Stitt
DEPARTMENT: Community Development
DATE: January 2, 2018
SUBJECT:
3333, 3323, 3717 South Pearl Street Planned Unit
Development
DESCRIPTION:
3333, 3323, 3717 South Pearl Street Planned Unit Development
RECOMMENDATION:
Conduct the Public Hearing on Council Bill 66, 3333, 3323, 3717 South Pearl Street Planned
Unit Development, pursuant to E.M.C 16-2-8(F) and 16-2-8(G)5.
PREVIOUS COUNCIL ACTION:
On October 16, 2017, Council considered the proposed 3333, 3323, 3317 South Pearl Street
Planned Unit Development (PUD) on First Reading and tabled voting on the motion until
November 6, 2017. On November 6, 2017, Council set a public hearing of January 2, 2018, for
Council Bill 66.
SUMMARY:
ANALYSIS:
Title 16-2-8(G)(5) sets forth the procedure for Council consideration of a PUD:
The Council shall review the proposed PUD, the recommendation of the City staff, and the
recommendation of the Commission, and shall hold a public hearing on the proposed PUD.
Following such hearing, the Council may approve, deny, or refer a proposed PUD back to the
Commission for modifications based on the requirements of this Title. Per E.M.C. 16 -2-8(F) the
decision making body shall only approve a proposed PUD rezoning if it finds that the proposed
rezoning meets the specific criteria provided within Council Bill 66.
The Planned Unit Development (PUD) is a rezoning process that establishes specific zoning
and site planning criteria to meet the needs of a specific development proposal that may not be
accommodated within existing zoning development regulations. A PUD rezoning provides the
opportunity for unified development control for multiple properties or multiple uses.
The property at 3317 South Pearl Street contains a single-family home built in 1987, and a
detached garage. The lot at 3317 South Pearl Street is 6,250 s.f. in area. The property at 3323
South Pearl Street contains a single-family home built in 1950, and a detached garage. The lot
at 3323 South Pearl Street is 6,250 s.f. in area. The property at 3333 South Pearl Street
contains a single family home built in 1943 and has a lot area of 9,375 s.f.
Page 35 of 208
The minimum threshold requirement to re-zone any property to a PUD is one-half acre of total
land area. Mr. Adragna, owner of 3333 South Pearl Street, acquired this minimum threshold by
including two of his neighbors to the north into the PUD rezoning. While the three property
owners will be included in the PUD, if approved, the development may not happen at the same
time.
PUD OVERVIEW
The proposed 3333, 3323, 3317 South Pearl Street PUD will allow a maximum of one (1) three
unit dwelling, two (2) two-unit dwellings, and three (3) detached garages. Each unit will be
required to have 2 off-street parking spaces. All of the designated parking is accessed from the
alley, and meets the City’s parking regulations.
The proposed new homes are set back approximately 25 feet from South Pearl Street to be
compatible with the existing structures to the north and south. The PUD District Development
Standards require that landscaping and screening comply with the City of Englewood Unified
Development Code Section 16-6-7.
All new utilities are to be placed underground between the garages and the residences. A Minor
Subdivision application to reconfigure the lots will be submitted, and will be approved
administratively if the PUD application is approved.
Architectural Character: The proposed PUD will be urban in character and respect the
pedestrian scale of the neighborhood. The PUD contains architectural character standards that
require a mix of pattern and color changes, a minimum masonry requirement, and a
requirement that building entries be clearly defined with architectural elements. It should be
noted that the conceptual building footprints shown on the proposed Site Plan and the proposed
building elevations are subject to change; however, any changes would have to meet the design
standards and guidelines of the PUD.
Permitted Uses: The subject property currently lies within the R-1-C Single Unit Residential
District. The existing R-1-C Zone District allows primarily residential and public/institutional
uses.The proposed PUD District Plan includes a table of allowed uses that lists the primary
permitted residential and public/institutional uses.
Dimensional Standards: The following table provides a comparison of dimensional
requirements for principal structures between the property’s existing R-1-C zone classification
and the proposed PUD. The proposed PUD is very similar to the R-2-B zone district; however,
there are important differences. First, in the R-2-B zone district, the minimum lot area for a
single family home is 6,000 s.f., with a minimum of 50 feet of street frontage. The proposed
PUD would allow a single family home to be built on a 4,500 s.f. lot with 37.5 feet of street
frontage. Other zone districts do allow for homes to be built on a 4,500 s.f. lot; however, they
must be lots of record on or before February 23, 2004. Secondly, the R-2-B zone district has a
maximum lot coverage of 60% for multi-unit dwellings. The proposed PUD has a maximum lot
coverage of 50% for multi-unit dwellings. The dimensional requirements set forth in the
proposed PUD would allow multi-unit dwellings (based on lot area and lot width), and single
family dwellings on a 37.5 ft. lot.
COMPARISON OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES
Min
Lot
Area
(sq ft)
Max
FAR
Max Lot
Coverage
(%)
Min
Lot
Width
(ft)
Max
Height
(ft)
Minimum Setbacks
(ft)
Front Each
Side
Rear
R-1-C District (Existing Zoning)
Page 36 of 208
One-Unit
Dwelling
6,000 None 40 50 32
25
5 20
One-Unit
Dwelling on
a
Small Lot
(must be an
existing lot)
4,500 None 35 37 32
25
3 20
All Other
Allowed
Uses
24,000 None 40 200 32
25
25 25
3333, 3323, 3317 South Pearl Street PUD (New Zoning)
One-Unit
Dwelling
4,500 None 40 37.5 32 25 5 20
Multi-Unit
Dwelling
(Maximum
units based
on lot area
and lot
width)
3,000
Per unit
None 50 25
per
unit
32 25 5 25
All Other
Allowed
Uses
24,000 None 40 200 32 25 25 25
Residential Density: The proposed 3333, 3323, 3317 South Pearl Street PUD would permit a
maximum of 7 dwelling units on the 0.5 acre property. This represents a maximum density of
14 dwelling units per acre (d.u./ac.). For comparison purposes, some properties to the east of
the subject property contain multi-unit apartment buildings with densities of 60 d.u./ac and
higher. Properties to the west in the R-1-C zone district could have a maximum density of 7
d.u./ac. Allowing for a slight increase in density between the R-1-C zone district and the MU-R-
3-C zone district complies with the 2016 Comprehensive Plan to create a transition zone
between the medical zone districts and the residential. The 2016 Comprehensive Plan defines
Areas of Transition as: “Location of diversified land use including medium to high density
housing and medical office.”
Setbacks: A setback is the minimum distance a structure must be located from a property line.
The proposed PUD setbacks for principal structures are shown in the table of Dimensional
Requirements above. The proposed setbacks, maximum area and height regulations for
detached accessory structures are as follows:
Use Maximum
Number
Maximum
Height
Front
Setback
Side
Setback
Rear
Setback
Maximum
Floor Area
Detached
Garage
1 per
dwelling unit
16’ 25’ 3’ 6’ 1000 s.f.
Storage
Shed
1 10’ 25’ 3’ 3’ 150 s.f.
Other
Accessory
1 12’ 25’ 3’ 3’ 200 s.f.
Page 37 of 208
Structure
Building Height: The maximum building heights in the PUD are based on the average
elevation of the finished grade at the corners of the building to the highest point of the building
or structure. The maximum allowed PUD building height for all uses is 32 feet; the maximum
allowed height for a detached garages is 16 feet.
Parking: The Unified Development Code (UDC) requires 2 parking spaces for each single -unit
dwelling and 1.5 parking spaces for each multi-unit dwelling. The proposed PUD requires 2
parking spaces for each multi-unit dwelling.
Traffic: The Public Works Department reviewed the proposed PUD request for potential
impacts. Public Works concluded that a traffic impact study was not required due to the slight
increase in traffic over the existing permitted density.
Signage: The proposed PUD will follow the standard signage regulations of the UDC for the R-
1-C Zone District.
Landscaping: The UDC requires that a minimum of 40% of a property be landscaped in the R-
1-C Zone District. The proposed PUD also requires that 40% of the PUD property be
landscaped, as well as meeting all other landscape requirements for the R-1-C Zone District.
Sheet 07 of the PUD provides more detail on the landscape plan.
Screening and Fencing: The proposed PUD will follow the standard screening and fencing
regulations of the UDC for the R-1-C Zone District.
Grading and Drainage: The proposed Grading and Drainage Plan was acceptable to the
City’s Public Works Department.
Utilities: The proposed Utilities Plan was reviewed and approved by the City’s Utilities
Department.
Park Dedication: The subdivision regulations of the UDC require the dedication of park land or
payment of a fee in lieu of dedication for all residential developments. The proposed Pearl
Street development will be required to pay a fee in lieu of dedication for the 4 to 7 new
residences. This translates to a fee in lieu of dedication amount of between $1,690 and $3,070.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS
Section 16-2-8.F Approval Criteria states: PUD rezonings shall be made in the interest of
promoting the health, safety, and general welfare of the community, and shall be consistent with
the Comprehensive Plan. In addition the review or decision making body shall only recommend
approval of, or shall only approve, a proposed PUD rezoning if it finds that the proposed
rezoning meets the criteria listed below:
1. The proposed development shall comply with all applicable use, development, and design
standards set forth in this Title 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:
a. The proposed development will exceed the development quality standards; levels of
public amenities; or levels of design innovation otherwise applicable under this Title, 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
b. The property cannot be developed, or no reasonable economic use of the property can
be achieved, under the existing zoning, even though the use of the conditional uses or a
reasonable number of Zoning Variances or Administrative Adjustments.
The proposed PUD meets the criteria of 1a. The proposed PUD will exceed the current UDC
quality standards by specifying a variety of materials on facades of the building; by calling for a
minimum masonry percentage or defined porch on the front façade; and by requiring rear
loaded garages.
Page 38 of 208
The PUD contains architectural character standards that require a mix of pattern and color
changes, and a requirement that building entries be clearly defined with architectural elements.
Provisions for roof pitches and flat roofs are also included in the PUD.
The proposed PUD further meets the requirement of 1a due to the fact that there are not any
conditional uses allowed by the UDC that would allow for multi-family dwellings in an R-1-C
zone district or allow a single family dwelling on a 37.5 ft. wide lot. In addition, the Board of
Adjustments and Appeals cannot grant a variance, nor can staff grant an Administrative
Adjustment, for an increase in density or a reduction in lot area that would increase density.
2. All PUD rezonings shall meet the following criterion:
a. 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.
The Public Works Department reviewed the proposed PUD request and concluded that there
were no significant traffic impacts with this minor increase in permitted density.
The 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 are protected.
Section 16-2-8.H.4(a): In its review of the PUD application, in addition to any other criteria and
findings applicable to the decision, the Commission’s recommendations shall include its written
findings on each of the following points:
1. The application is or is not in conformance with the Comprehensive Plan and this Title.
The 3333, 3323, 3317 South Pearl Street PUD conforms to the Englewood Forward:
2016 Comprehensive Plan strategy of redevelopment. Part 3, Envisioning the Plan, lists
this area as a Residential Transition Area. Specifically, this area is to, “Explore
residential redevelopment plans that promote infill townhome development between the
hospitals and single family neighborhoods to the north to provide a transitional zone that
will diversify land use mix, provide opportunities for new housing and home ownership.”
2. The application is or is not consistent with adopted and generally accepted standards of
development in the City.
The 3333, 3323, 3317 South Pearl Street PUD is consistent with adopted and generally
accepted development standards established by the City of Englewood. The application
was reviewed by the City’s Development Review Team (DRT) and all comments were
addressed by the applicant.
3. The application is or is not substantially consistent with the goals, objectives, design
guidelines, policies and any other ordinance, law, or requirement of the City.
The 3333, 3323, 3317 South Pearl Street PUD is substantially consistent with the goals,
objectives, design guidelines, policies, and other ordinances, laws and requirements of
the City.
FINANCIAL IMPLICATIONS:
The proposed 3333, 3323, 3317 South Pearl Street PUD will generate building use tax, based
on the total cost of the project and park fee-in-lieu, of between $1,690 and $3,070 depending on
the final number of units built.
ATTACHMENTS:
3333, 3323, 3317 South Pearl Street Planned Unit Development
Planning and Zoning Commission Staff Report - September 6, 2017
Neighborhood Meeting Summary - June 9, 2017
Letter of Support - June 7, 2017
Page 39 of 208
Survey Conducted by Applicant - June 22, 2017
Planning and Zoning Commission Minutes - September 6, 2017
Planning and Zoning Commission Findings of Fact - September 6, 2017
Emails
Page 40 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Audra Kirk
DEPARTMENT: Community Development
DATE: October 16, 2017
SUBJECT:
3333, 3323, 3317 South Pearl Street Planned Unit
Development
DESCRIPTION:
3333, 3323, 3317 South Pearl Street Planned Unit Development
RECOMMENDATION:
Staff recommends Council approve a Bill for an Ordinance approving 3333, 3323, 3317 South
Pearl Street Planned Unit Development.
PREVIOUS COUNCIL ACTION:
There has been no previous Council action concerning the proposed 3333, 3323, 3317 South
Pearl Street Planned Unit Development (PUD).
SUMMARY:
ANALYSIS:
The Planned Unit Development is a rezoning process that establishes specific zoning and site
planning criteria to meet the needs of a specific development proposal that may not be
accommodated within existing zoning development regulations. A PUD rezoning provides the
opportunity for unified development control for multiple properties or multiple uses.
The property at 3317 South Pearl Street contains an existing single-family home that was built
in 1987, and a detached garage. The lot at 3317 South Pearl Street is 6,250 s.f. in area. The
property at 3323 South Pearl Street contains a single-family home built in 1950, and a detached
garage. The lot at 3323 is 6,250 s.f. in area. The property at 3333 South Pearl Street contains
a single family home built in 1943, and has a lot area of 9,375 s.f.
The minimum threshold requirement to re-zone any property to a PUD is ½ acre of total land
area. Mr. Adragna of 3333 South Pearl Street was able to acquire this minimum threshold by
including two of his neighbors to the north into the PUD rezoning. While the three property
owners will be included in the PUD, if approved, the development may not happen at the same
time.
PUD OVERVIEW
Page 41 of 208
The proposed 3333, 3323, 3317 South Pearl Street PUD will allow a maximum of one (1) three
unit dwelling, two (2) two-unit dwellings, and three (3) detached garages. Each unit will be
required to have 2 off-street parking spaces. All of the designated parking is accessed from the
alley, and meets the City’s parking regulations.
The proposed new homes are set back approximately 25 feet from South Pearl Street to be
compatible with the existing structures to the north and south. The PUD District Development
Standards require that landscaping and screening comply with the City of Englewood Unified
Development Code Section 16-6-7.
All new utilities are to be placed underground between the garages and the residences. A Minor
Subdivision application to reconfigure the lots will be submitted, and will be approved
administratively if the PUD application is approved.
Architectural Character: The proposed PUD will be urban in character and respect the
pedestrian scale of the neighborhood. The PUD contains architectural character standards that
require a mix of pattern and color changes, a minimum masonry requirement, and a
requirement that building entries be clearly defined with architectural elements. It should be
noted that the conceptual building footprints shown on the Proposed Site Plan and the proposed
building elevations are subject to change; however, any changes would have to meet the design
standards and guidelines of the PUD.
Permitted Uses: The subject property currently lies within the R-1-C Single Unit Residential
District. The existing R-1-C Zone District allows primarily residential and public/institutional
uses.The proposed PUD District Plan includes a table of allowed uses that lists the primary
permitted residential and public/institutional uses.
Dimensional Standards: The following table provides a comparison of dimensional
requirements for principal structures between the property’s existing R-1-C zone classification
and the proposed PUD. The proposed PUD is very similar to the R-2-B zone district, however,
there are important differences. First, in the R-2-B zone district, the minimum lot area for a
single family home is 6,000 s.f., and a minimum of 50 feet of street frontage. The proposed PUD
would allow a single family home to be built on a 4,500 s.f. with 37 ½ feet of street frontage.
Other zone district do allow for homes to be built on a 4,500 s.f. lot, however, they must be lots
of record on or before February 23, 2004. Secondly, the R-2-B zone district has a maximum lot
coverage of 60% for multi-unit dwellings. The proposed PUD has a maximum lot coverage for
50% for multi-unit dwellings. The dimensional requirements set forth in the proposed PUD
would allow multi-unit dwellings (based on lot area and lot width), and single family dwellings on
a 37 ½’ lot.
COMPARISON OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES
Min
Lot
Area
(sq ft)
Max
FAR
Max Lot
Coverage
(%)
Min
Lot
Width
(ft)
Max
Height
(ft)
Minimum Setbacks
(ft)
Front Each
Side
Rear
R-1-C District (Existing Zoning)
Page 42 of 208
One-Unit
Dwelling
6,000 None 40 50 32 5 20
One-Unit
Dwelling on
a
Small Lot
(must be an
existing lot)
4,500 None 35 37 32 3 20
All Other
Allowed
Uses
24,000 None 40 200 32 25
3333, 3323, 3317 South Pearl Street PUD (New Zoning)
One-Unit
Dwelling
4,500 None 40 37.5 32 25 5 20
Multi-Unit
Dwelling
(Maximum
units based
on lot area
and lot width)
3,000
Per unit
None 50 25
per
unit
32 25 5 25
All Other
Allowed
Uses
24,000 None 40 200 32
Residential Density: The proposed 3333, 3323, 3317 South Pearl Street PUD would permit a
maximum of 7 dwelling units on the 0.5 acre property. This represents a maximum density of
14 dwelling units per acre (d.u./ac.). For comparison purposes, some properties to the east of
subject property contain multi-unit apartment buildings with densities of 60 d.u./ac and higher.
Properties to the west in the R-1-C zone district could have a maximum density of 7 d.u./ac.
Allowing for a slight increase in density between the R-1-C zone district and the MU-R-3-C zone
district, complies with the 2016 Comprehensive Plan to create a transition zone between the
medical zone districts and the residential. The 2016 Comprehensive Plan defines Areas of
Transition as, “Location of diversified land use including medium to high density housing and
medical office.”
Setbacks: A setback is the minimum distance a structure must be located from a property line.
The proposed PUD setbacks for principal structures are shown in the table of Dimensional
Requirements above. The proposed setbacks, maximum area and height regulations for
detached accessory structures are as follows:
Use Maximum
Number
Maximum
Height
Front
Setback
Side
Setback
Rear
Setback
Maximum
Floor Area
Detached
Garage
1 per
dwelling unit
16’ 25’ 3’ 6’ 1000 s.f.
Storage 1 10’ 25’ 3’ 3’ 150 s.f.
25
25
25 25
25 25 25
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Shed
Other
Accessory
Structure
1 12’ 25’ 3’ 3’ 200 s.f.
Building Height: The maximum building heights in the PUD are based on the average
elevation of the finished grade at the corners of the building to the highest point of the building
or structure. The maximum allowed PUD building height for all uses is 32 feet; the maximum
allowed height for garages without a detached accessory structure is 16 feet.
Parking: The UDC requires 2 parking spaces for each single-unit dwelling and 1.5 parking
spaces for each multi-unit dwelling. The proposed PUD requires 2 parking spaces for each
multi-unit dwelling.
Traffic: The Public Works Department reviewed the proposed PUD request for potential
impacts. Public Works concluded that a traffic impact study was not required due to the slight
increase in traffic over the existing permitted density.
Signage: The proposed PUD will follow the standard signage regulations of the UDC for the R-
1-C Zone District.
Landscaping: The UDC requires that a minimum of 40% of a property be landscaped in the R-
1-C Zone District. The proposed PUD also requires that 40% of the PUD property be
landscaped, as well as meeting all other landscape requirements for the R-1-C Zone District.
Sheet 07 of the PUD provides more detail on the landscape plan.
Screening and Fencing: The proposed PUD will follow the standard screening and fencing
regulations of the UDC for the R-1-C Zone District.
Grading and Drainage: The proposed Grading and Drainage Plan was acceptable to the
City’s Public Works Department.
Utilities: The proposed Utilities Plan was reviewed and approved by the City’s Utilities
Department.
Park Dedication: The subdivision regulations of the UDC require the dedication of park land or
payment of a fee in lieu of dedication for all residential developments. The proposed Pearl
Street development will be required to pay a fee in lieu of dedication for the 4 to 7 new
residences. This translates to a fee in lieu of dedication amount of between $1,690 and $3,070.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS
Section 16-2-8.F Approval Criteria states: PUD rezonings shall be made in the interest of
promoting the health, safety, and general welfare of the community, and shall be consistent with
the Comprehensive Plan. In addition the review or decision making body shall only recommend
approval of, or shall only approve, a proposed PUD rezoning if it finds that the proposed
rezoning meets the criteria listed below:
1. The proposed development shall comply with all applicable use, development, and design
standards set forth in this Title that are not otherwise modified or waived according to the
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rezoning approval. In addition, the proposed rezoning shall meet at least one of the following
criteria:
1. The proposed development will exceed the development quality standards; levels of
public amenities; or levels of design innovation otherwise applicable under this Title, 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
1. The property cannot be developed, or no reasonable economic use of the property can
be achieved, under the existing zoning, even though the use of the conditional uses or a
reasonable number of Zoning Variances or Administrative Adjustments.
The proposed PUD meets the criteria of 1a. The proposed PUD will exceed the current UDC
quality standards by specifying a variety of materials on facades of the building; by calling for a
minimum masonry percentage or defined porch on the front façade; and by requiring rear
loaded garages.
The PUD contains architectural character standards that require a mix of pattern and color
changes, and a requirement that building entries be clearly defined with architectural elements.
Provisions for roof pitches and flat roofs are also included in the PUD.
The proposed PUD further meets the requirement of 1a due to the fact that there are not any
conditional uses allowed by the UDC that would allow for multi-family dwellings in an R-1-C
zone district or allow a single family dwelling on a 37 1/2’ wide lot. In addition, the Board of
Adjustments and Appeals can not grant a variance, nor can staff grant an Administrative
Adjustment for an increase in density or a reduction in lot area that would increase density.
2. All PUD rezoning shall meet the following criterion:
1. 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.
The Public Works Department reviewed the proposed PUD request and concluded that there
were not significant traffic impacts with this minor increase in permitted density.
The 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 are protected.
16-2-8.H.4(a): In its review of the PUD application, in addition to any other criteria and findings
applicable to the decision, the Commission’s recommendations shall include its written findings
on each of the following points:
1. The application is or is not in conformance with the Comprehensive Plan and this Title.
The 3333, 3323, 3317 South Pearl Street PUD conforms to the Englewood Forward: 2016
Comprehensive Plan strategy of redevelopment. Part 3, Envisioning the Plan, lists this area as
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a Residential Transition Area. Specifically, this area is to, “Explore residential redevelopment
plans that promote infill townhome development between the hospitals and single family
neighborhoods to the north to provide a transitional zone that will diversify land use mix, provide
opportunities for new housing and home ownership.”
2. The application is or is not consistent with adopted and generally accepted standards of
development in the City.
The 3333, 3323, 3317 South Pearl Street PUD is consistent with adopted and generally
accepted development standards established by the City of Englewood. The application was
reviewed by the City’s Development Review Team (DRT) and all comments were addressed by
the applicant.
3. The application is or is not substantially consistent with the goals, objectives, design
guidelines, policies and any other ordinance, law, or requirement of the City.
The 3333, 3323, 3317 South Pearl Street PUD is substantially consistent with the goals,
objectives, design guidelines, policies, and other ordinances, laws and requirements of the City.
FINANCIAL IMPLICATIONS:
The proposed 3333, 3323, 3317 South Pearl Street PUD will generate building use tax, based
on the total cost of the project and park fee-in-lieu, of between $1,690 and $3,070 depending on
the final number of units built.
ATTACHMENTS:
Bill for an Ordinance
Planning and Zoning Commission Staff Report - September 6, 2017
3333, 3323, 3317 South Pearl Street Planned Unit Development
Neighborhood Meeting Summary - June 9, 2017
Letter of Support - June 7, 2017
Survey Conducted by Applicant - June 22, 2017
Planning and Zoning Commission Minutes - September 6, 2017
Planning and Zoning Commission Findings of Fact - September 6, 2017
Emails
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TO:Planning and Zoning Commission
THRU:Brad Power, Community Development Director
Harold Stitt, Senior Planner
FROM:Audra L. Kirk, Planner II
DATE:September 6, 2017
SUBJECT: Case ZON2017-002 - Public Hearing
3333, 3323, 3317 South Pearl Street Planned Unit Development
APPLICANT:
Casey Adragna
2192 West Caley Avenue
Littleton, CO 80120
PROPERTY OWNER(S):
Casey and Amy Adragna
2192 West Caley Avenue
Littleton, CO 80120
Scott and Elizabeth Brann
8474 South Brentwood Street
Littleton, CO 80128
Kelley Rhodes
3317 South Pearl Street
Englewood, CO 80113
PROPERTY ADDRESSES:
3317, 3323 and 3333 South Pearl Street, Englewood, CO 80113
REQUEST:
The applicant has submitted an application to rezone the properties above from R-1-C
Single Unit Residential District (Small Lot Size) to the 3333, 3323, 3317 South Pearl
Street Planned Unit Development (PUD). The proposed PUD would allow for a
maximum of one (1) single-family attached dwellings with three (3) units, and two (2)
single-family attached dwellings with two (2) units.
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2
RECOMMENDATION:
Case ZON2017-002: The Department of Community Development recommends that
the Planning and Zoning Commission review the 3333, 3323, 3317 South Pearl Street
PUD request and forward a favorable recommendation for approval to City Council.
LEGAL DESCRIPTIONS:
3333 South Pearl Street: Lots 40-42 Block 3 West View
3323 South Pearl Street: Lots 43-44 Block 3 West View
3317 South Pearl Street: Lots 45-46 Block 3 West View
EXISTING ZONE DISTRICT:
R-1-C Single Unit Residential District (Small Lot Size)
PROPERTY LOCATION AND SURROUNDING LAND USE:
The subject properties of this PUD are located on South Pearl Street between East
Floyd Avenue and East Girard Avenue. Land to the north, south, and west of the subject
property is zoned R-1-C Single Unit Residential District. Land directly to the east of the
subject property is zoned MU-R-3-C High Density Residential and Limited Office
District.
PUD PROCEDURE:
Rezoning to a PUD requires the applicant to have a pre-application meeting with staff,
and a neighborhood meeting with owners and neighbors located within 1,000 feet of the
proposed PUD. After the neighborhood meeting a formal application is submitted to the
City and reviewed by City departments and other affected outside agencies. A public
hearing is held before the Planning and Zoning Commission and City Council. If the
PUD is approved there is a 30 day referendum time period before becoming effective.
BACKGROUND:
The Planned Unit Development is a rezoning process that establishes specific zoning
and site planning criteria to meet the needs of a specific development proposal that may
not be accommodated within existing zoning development regulations. A PUD rezoning
provides the opportunity for unified development control for multiple properties or
multiple uses.
The property at 3317 South Pearl Street contains an existing single-family home that
was built in 1987, and a detached garage. The lot at 3317 South Pearl Street is 6,250
s.f. in area. The property at 3323 South Pearl Street contains a single-family home built
in 1950, and a detached garage. The lot at 3323 is 6,250 s.f. in area. The property at
3333 South Pearl Street contains a single family home built in 1943, and has a lot area
of 9,375 s.f.
The minimum threshold requirement to re-zone any property to a PUD is ½ acre of total
land area. Mr. Adragna of 3333 South Pearl Street was able to acquire this minimum
threshold by including two of his neighbors to the north into the PUD rezoning. While
the three property owners will be included in the PUD, if approved, the development
may not happen at the same time.
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3
NEIGHBORHOOD MEETING SUMMARY:
Pursuant to the PUD procedure, the applicant conducted a neighborhood meeting on
June 6, 2017, prior to submitting the application for a PUD rezoning on July 28, 2017.
Notice of the pre-application meeting was mailed to property owners and occupants of
property within 1000 feet of the site. Neighborhood meeting notes are attached to this
report (See Exhibit B). In addition to the neighborhood meeting, the applicant also
conducted a survey of residence on the 3300 block of South Pearl Street. The survey
asked if neighbors would rather see a PUD with zoning to match the MU-R-3-C that is
currently on the east side of South Pearl Street of if they would like to see a lower
density with duplexes and townhomes. (See Exhibit D).
CITY DEPARTMENT AND DIVISION REVIEW:
The 3333, 3323 and 3317 South Pearl Street PUD was reviewed by the City’s
Development Review Team (DRT) on August 8, 2017. Identified issues were
addressed by the applicant and the final 3333, 3323, 3317 South Pearl Street PUD was
submitted on August 23, 2017.
PUD OVERVIEW:
The proposed 3333, 3323, 3317 South Pearl Street PUD will allow a maximum of one
(1) three unit dwelling, two (2) two-unit dwellings, and three (3) detached garages. Each
unit will be required to have 2 off-street parking spaces. All of the designated parking is
accessed from the alley, and meets the City’s parking regulations.
The proposed new homes are setback approximately 25 feet from South Pearl Street to
be compatible with the existing structures to the north and south. The PUD District
Development Standards require that landscaping and screening comply with the City of
Englewood Unified Development Code Section 16-6-7.
All new utilities are to be placed underground between the garages and the residences.
A Minor Subdivision application to reconfigure the lots will be submitted, and will be
approved administratively if the PUD application is approved.
Architectural Character: The proposed PUD will be urban in character and respect
the pedestrian scale of the neighborhood. The PUD contains architectural character
standards that require a mix of pattern and color changes, a minimum masonry
requirement, and a requirement that building entries be clearly defined with architectural
elements. It should be noted that the conceptual building footprints shown on the
Proposed Site Plan and the proposed building elevations are subject to change;
however, any changes would have to meet the design standards and guidelines of the
PUD.
Permitted Uses: The subject property currently lies within the R-1-C Single Unit
Residential District. The existing R-1-C Zone District allows primarily residential and
public/institutional uses. The proposed PUD District Plan includes a table of allowed
uses that lists the primary permitted residential and public/institutional uses.
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4
Dimensional Standards: The following table provides a comparison of dimensional
requirements for principal structures between the property’s existing R-1-C zone
classification and the proposed PUD.
COMPARISON OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES
Minimum Setbacks (ft)Min
Lot
Area
(sq ft)
Max FAR
Max Lot
Coverage
(%)
Min
Lot
Width
(ft)
Max
Height
(ft)Front
Each
Side Rear
R-1-C District (Existing Zoning)
One-Unit Dwelling 6,000 None 40 50 32 25 5 20
One-Unit
Dwelling on a
Small Lot
4,500 None 35 37 32 25 3 20
All Other
Allowed Uses
24,000 None 40 200 32 25 25 25
3333, 3323, 3317 South Pearl Street PUD (New Zoning)
One-Unit Dwelling 4,500 None 40 37.5 32 25 5 20
Multi-Unit Dwelling
(Maximum units
based on lot area and
lot width)
3,000
Per unit
None 50 25
per
unit
32 25 5 25
All Other
Allowed Uses
24,000 None 40 200 32 25 25 25
Residential Density: The proposed 3333, 3323, 3317 South Pearl Street PUD would
permit a maximum of 7 dwelling units on the 0.5 acre property. This represents a
maximum density of 14 dwelling units per acre (d.u./ac.). For comparison purposes,
some properties to the east of subject property contain multi-unit apartment buildings
with densities of 60 d.u./ac and higher. Properties to the west in the R-1-C zone district
could have a maximum density of 7 d.u./ac.
Setbacks: A setback is the minimum distance a structure must be located from a
property line. The proposed PUD setbacks for principal structures are shown in the
table of Dimensional Requirements above. The proposed setbacks, maximum area and
height regulations for detached accessory structures are as follows:
Use Maximum
Number
Maximum
Height
Front
Setback
Side
Setback
Rear
Setback
Maximum
Floor
Area
Detached
Garage
1 per
dwelling
unit
16’25’3’6’1000 s.f.
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5
Storage
Shed
1 10’25’3’3’150 s.f.
Other
Accessory
Structure
1 12’25’3’3’200 s.f.
Building Height: The maximum building heights in the PUD are based on the average
elevation of the finished grade at the corners of the building to the highest point of the
building or structure. The maximum allowed PUD building height for all uses is 32 feet;
the maximum allowed height for garages without a detached accessory structure is 16
feet.
Parking: The UDC requires 2 parking spaces for each single-unit dwelling and 1.5
parking spaces for each multi-unit dwelling. The proposed PUD requires 2 parking
spaces for each multi-unit dwelling.
Traffic: The Public Works Department reviewed the proposed PUD request for
potential impacts. Public Works concluded that a traffic impact study was not required
due to the slight increase in traffic over the existing permitted density.
Signage: The proposed PUD will follow the standard signage regulations of the UDC
for the R-1-C Zone District.
Landscaping: The UDC requires that a minimum of 40% of a property be landscaped
in the R-1-C Zone District. The proposed PUD also requires that 40% of the PUD
property be landscaped, as well as meeting all other landscape requirements for the R-
1-C Zone District. Sheet 07 of the PUD provides more detail on the landscape plan.
Screening and Fencing: The proposed PUD will follow the standard screening and
fencing regulations of the UDC for the R-1-C Zone District.
Grading and Drainage: The proposed Grading and Drainage Plan was acceptable to
the City’s Public Works Department.
Utilities: The proposed Utilities Plan was reviewed and approved by the City’s Utilities
Department.
Park Dedication: The subdivision regulations of the UDC require the dedication of
park land or payment of a fee in lieu of dedication for all residential developments. The
proposed Pearl Street development will be required to pay a fee in lieu of dedication for
the 4 to 7 new residences. This translates to a fee in lieu of dedication amount of
between $1,690 and $3,070.
PUD SUMMARY:
The proposed 3333, 3323, 3317 South Pearl Street PUD has been reviewed by the
City’s Development Review Team (DRT) and issues identified by the DRT were
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6
addressed by the applicant. The PUD documents are complete and no additional
conditions of approval are recommended at this time. Therefore, the Community
Development Department recommends that the Planning and Zoning Commission
review the 3333, 3323, 3317 South Pearl Street PUD request and forward a favorable
recommendation for approval to City Council.
PLANNED UNIT DEVELOPMENT CONSIDERATIONS:
The Planning and Zoning Commission is to review 3333, 3323, 3317 South Pearl Street
PUD request, and following the public hearing, may recommend that the Council
approve, deny, or approve the rezoning with conditions. In its review of the application,
the Commission’s recommendations should include findings on each of the following
points:
1. The application is or is not in conformance with the Comprehensive Plan and this
Title (UDC).
The 3333, 3323, 3317 South Pearl Street PUD conforms to the Englewood
Forward: 2016 Comprehensive Plan strategy of redevelopment. Part 3,
Envisioning the Plan, lists this area as a Residential Transition Area.
Specifically, this area is to, “Explore residential redevelopment plans that
promote infill townhome development between the hospitals and single family
neighborhoods to the north to provide a transitional zone that will diversify land
use mix, provide opportunities for new housing and home ownership.”
2. The application is or is not consistent with adopted and generally accepted
standards of development in the City.
The 3333, 3323, 3317 South Pearl Street PUD is consistent with adopted and
generally accepted development standards established by the City of
Englewood. The application was reviewed by the City’s Development Review
Team (DRT) and all comments were addressed by the applicant.
3. The application is or is not substantially consistent with the goals, objectives, design
guidelines, policies and any other ordinance, law, or requirement of the City.
The 3333, 3323, 3317 South Pearl Street PUD is substantially consistent with the
goals, objectives, design guidelines, policies, and other ordinances, laws and
requirements of the City.
4. The UDC requires that the review or decision making body shall only approve a
proposed PUD if it finds that the proposed development complies with all applicable
use, development, and design standards set forth in the UDC that are not otherwise
modified or waived according to the rezoning approval; and the proposed rezoning
meets one of the following criteria:
a. That the proposed development will exceed the development quality standards,
levels of public amenities, or levels of design innovation otherwise applicable under
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7
this Title, and would not be possible or practicable under a standard zone district
with conditional uses or with a reasonable number of Zoning Variances or
Administrative Adjustments; or
The proposed PUD will exceed the development quality standards required by the
UDC for residential development as follows:
The proposed PUD will exceed the current UDC quality standards by
specifying a variety of materials on facades of the building; by calling for a
minimum masonry percentage or defined porch on the front façade; and by
requiring rear loaded garages.
The PUD contains architectural character standards that require a mix of
pattern and color changes, and a requirement that building entries be clearly
defined with architectural elements. Provisions for roof pitches and flat roofs
are also included in the PUD.
b. That the property cannot be developed, or that 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.
These properties are in an R-1-C zone district and would be able to be redeveloped
into single-family homes.
In addition to the two Planned Unit Development considerations above, the UDC
requires that a property rezoned to PUD must not have a significant negative impact on
those properties surrounding the rezoned area and that the general public health, safety
and welfare of the community are protected. Staff has reviewed the PUD request and
found the following:
The PUD application is in conformance with the Englewood Forward: 2016
Comprehensive Plan and the Unified Development Code.
The application is consistent with adopted and generally accepted standards of
development in the City.
The Public Works Department reviewed the proposed PUD request and
concluded that there were not significant traffic impacts with this minor increase
in permitted density.
The 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 are protected.
ATTACHMENTS:
Exhibit A: 3333, 3323, 3317 South Pearl Street PUD
Exhibit B: Neighborhood Meeting Summary – June 9, 2017
Exhibit C: Letter of support from Shawn Koons – June 7, 2017
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Exhibit D: Survey done by applicant dated June 22, 2017
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PUD SITE
OWNER 3333 S. PEARL ST.:
CASEY ADRAGNA
AMY ADRAGNA
2192 W. CALEY AVE.
LITTLETON, CO 80120
TEL: (719) 351-4918
EMAIL: adragna84@gmail.com
OWNER 3323 S. PEARL ST.:
SCOTT BRANN
ELIZABETH BRANN
8474 S. BRENTWOOD ST.
LITTLETON, CO 80128
TEL: (303) 906-1426
EMAIL: scott580@comcast.net
OWNER 3317 S. PEARL ST.:
KELLEY RHODES
3317 S. PEARL ST.
ENGLEWOOD, 80113
TEL: (303) 761-1816
ARCHITECT:
CASEY ADRAGNA
2192 W. CALEY AVE.
LITTLETON, CO 80120
TEL: (719) 351-4918
EMAIL: adragna84@gmail.com
PROJECT TEAM
CIVIL ENGINEER:
ALTITUDE LAND CONSULTANTS, INC.
3461 RINGSBY COURT, #125
DENVER, CO 80216
TEL: (720) 427-6161
ERIC BURTZLAFF, PE
eric@altitudelandco.com
SURVEYOR:
COLORADO ILC SERVICES
PO BOX 181551
DENVER, CO 80218
TEL: (303) 668-7540
MICHAEL ROBERT
SHEET INDEX
01 COVER SHEET/ DISTRICT PLAN
02 ADJACENT ZONING/ LAND USE MAP
03 SITE PLAN/ BULK PLANE DIAGRAM
04 GRADING AND DRAINAGE
05 UTILITY PLAN
06 LANDSCAPE PLAN
07 CONCEPTUAL RENDERINGS
08 CONCEPTUAL RENDERINGS
ALTA SURVEY ATTACHED AFTER SHEET 08.
ARCHITECTURAL CHARACTER:
THE ARCHITECTURAL CHARACTER OF THIS DEVELOPMENT SHALL BE URBAN
IN CHARACTER AND WILL PROVIDE FOR PEDESTRIAN SCALE ALONG THE
STREET LEVEL. DESIGN SHALL INCLUDE THE FOLLOWING:
1. A MINIMUM OF TWO DIFFERENT MATERIAL PATTERNS AND COLOR
CHANGES SHALL BE INCORPORATED INTO EACH FACADE (ALL SIDES) OF THE
BUILDING DESIGN.
2. THE FRONT FACADE OF EACH TOWNHOME OR SINGLE FAMILY HOME
SHALL HAVE A MIN. OF 30% MASONRY OR A DEFINED FRONT PORCH THAT
EXTENDS THE ENTIRE WIDTH OF THE FRONT ELEVATION.
3. STUCCO, STONE, CMU, BRICK, CEMENTITIOUS AND METAL SIDING ARE
PERMISSIBLE BUILDING MATERIALS.
4. PREDOMINANT ENTRIES SHALL BE CLEARLY DEFINED AND MAY CONSIST
OF ELEMENTS SUCH AS: CANOPIES, OVERHANGS, PEAKED ROOFS, OR
ARCHES.
SUBMITTED AS PART OF THE PROPOSED PUD ARE CONCEPTUAL
RENDERINGS INDICATING THE GENERAL LEVEL OF DESIGN QUALITY,
FINISHES, AND MATERIALS TO BE INCORPORATED IN THE PROJECT (SEE
SHEETS 8 AND 9). THE SPECIFIC DESIGN, MATERIALS, AND COLORS TO BE
INCORPORATED IN THE FINAL CONSTRUCTION WILL BE DETERMINED AND
SUBMITTED WITH PERMIT DRAWINGS.
ANY DEVELOPMENT SHALL INCORPORATE THE AFOREMENTIONED FEATURES
TO CREATE AESTHETICALLY PLEASING BUILDING THAT HAVE STRONG
ARCHITECTURAL CHARACTER WITH HIGH QUALITY FINISHES THAT
COMPLEMENT THE EXISTING NEIGHBORHOOD CONTEXT.
MODIFICATIONS AND AMENDMENT OF PUD:
ANY FUTURE DEVELOPMENT ON LOTS 40-47 SHALL COMPLY WITH THIS
PUD DISTRICT PLAN AND PUD SITE PLAN.
DISTRICT PLAN
THE TERMS, CONDITIONS, AND ADOPTED PUD DISTRICT PLAN AND
DOCUMENTS MAY BE CHANGED AND/ OR AMENDED IN WHOLE OR IN PART
AS FOLLOW:
1. MINOR MODIFICATIONS (UP TO 10% DEVIATION FROM PUD
STANDARDS) TO THE PUD DISTRICT PLAN: THE CITY MANAGER OR HIS
DESIGNEE MAY APPROVE MINOR MODIFICATIONS IN THE LOCATION,
SIZING, AND HEIGHT OF STRUCTURES OR FACILITIES IF REQUIRED BY
ENGINEERING OR OTHER CIRCUMSTANCES NOT FORESEEN AT THE TIME
OF THE PUD DISTRICT PLAN WAS APPROVED.
2. MAJOR MODIFICATIONS (GREATER THAN 10% DEVIATION FROM PUD
STANDARDS) TO THE PUD DISTRICT PLAN: MAJOR MODIFICATIONS MAY
BE MADE TO THE APPROVED PUD DISTRICT PLAN PURSUANT OF THE
SAME LIMITATIONS AND REQUIREMENTS BY WHICH SUCH PLANS AND
DOCUMENTS WERE ORIGINALLY APPROVED.
SITE PLAN
1. MINOR MODIFICATIONS (UP TO 10% DEVIATION FROM PUD STANDARDS)
TO THE PUD SITE PLAN: THE CITY, THROUGH THE DEVELOPMENT
REVIEW TEAM, MAY AUTHORIZE MINOR DEVIATIONS FROM THE PUD SITE
PLAN WHEN SUCH DEVIATIONS APPEAR NECESSARY IN LIGHT OF
TECHNICAL OR ENGINEERING CONSIDERATIONS. MINOR DEVIATIONS
SHALL NOT BE PERMITTED IF ANY OF THE FOLLOWING CIRCUMSTANCES
RESULT:
- A CHANGE IN THE CHARACTER OF THE DEVELOPMENT.
- A CHANGE IN THE PERMITTED LAND USE.
- AN INCREASE IN THE MAXIMUM HEIGHT OF ANY BUILDING.
- AN INCREASE IN THE NUMBER OF DWELLING UNITS.
- AN INCREASE IN LOT COVERAGE.
- A REDUCTION IN THE SETBACKS FROM PROPERTY LINES.
2. MAJOR (GREATER THAN 10% DEVIATION FROM PUD STANDARDS) SITE
PLAN AMENDMENTS SIMILAR TO ITEMS LISTED ABOVE: ALL PUD SITE
PLANS APPROVED AND RECORDED MAY ONLY BE AMENDED PURSUANT
TO THE SAME PROCEDURE AND SUBJECT TO THE SAME LIMITATIONS
AND REQUIREMENTS BY WHICH SUCH PLANS WERE APPROVED.
PUD DISTRICT DEVELOPMENT STANDARDS:
1. GENERAL REGULATIONS:
UNLESS OTHERWISE PROVIDED FOR IN THIS PUD OR SUBSEQUENT AMENDMENTS,
THE PROVISIONS, STANDARDS, REGULATIONS, AND PROCEDURES PERTINENT TO
AN APPLICATION FOR THE DEVELOPMENT OF LAND WITHIN THIS PUD ZONE
DISTRICT COMPLIES WITH THE R-1-C ZONE DISTRICT OF THE CITY OF
ENGLEWOOD EXCEPT FOR THE ITEMS NOTED IN THE FOLLOWING SECTIONS.
3. BULK PLANE:
BULK PLANE REQUIREMENTS SHALL COMPLY WITH THE CITY
OF ENGLEWOOD UNIFIED DEVELOPMENT CODE FOR R-1-C
ZONE DISTRICTS. SEE DIAGRAM ON SHEET 04.
4. PARKING:
PARKING REQUIREMENTS SHALL EXCEED THE CITY OF
ENGLEWOOD UNIFIED DEVELOPMENT CODE. EACH
RESIDENTIAL DWELLING UNIT SHALL BE EQUIPPED WITH 2
OFF-STREET PARKING SPACES.
5. SIGNAGE:
SIGNAGE SHALL COMPLY WITH THE CITY OF ENGLEWOOD
UNIFIED DEVELOPMENT CODE FOR R-1-C ZONE DISTRICTS.
6. LANDSCAPING AND SCREENING:
LANDSCAPING AND SCREENING SHALL COMPLY WITH THE
CITY OF ENGLEWOOD UNIFIED DEVELOPMENT CODE
SECTION 16-6-7.
- SEE PRELIMINARY LANDSCAPING PLAN ON SHEET 06.
7. LIGHTING:
EXTERIOR LIGHTING SHALL BE DOWNCAST, FULL CUT OFF
LAMPS.
8. ALLOWED USES:
ALLOWED USES SHALL COMPLY WITH THE CITY OF
ENGLEWOOD UNIFIED DEVELOPMENT CODE AS IT PERTAINS
TO ZONE DISTRICT R-1-C.
2. SUMMARY OF DIMENSIONAL REQUIREMENTS FOR PRINCIPAL STRUCTURES
EXISTING ZONING R-1-C
MIN. LOT
AREA
(SF)
MAX FAR MAX LOT
COVERAGE
MIN. LOT
WIDTH
MAX
HEIGHT
(FT)FRONT SIDES REAR
MINIMUM SETBACKS (FT)
ONE-UNIT DWELLING 6,000 NONE 40%50 32 25 5 20
PROPOSED PEARL ST. PUD
ONE-UNIT DWELLING 4,500 NONE 40%37.5 32 25 5 20
MULTI-UNIT DWELLING
(MAX. UNITS BASED ON
LOT AREA & LOT WIDTH
3,000
PER
UNIT
NONE 50%25
PER
UNIT
32 25 5 25
PARKING
OFF-STREET
SPACES / UNIT
2 SPACES
2 SPACES
SUMMARY OF DIMENSIONAL REQUIREMENTS FOR DETACHED ACCESSORY STRUCTURES
USE MAX NUMBER MAX HEIGHT (FT)
DETACHED GARAGE 1 PER DWELLING UNIT 16 25 3 6
FRONT SIDES REAR MAX FLOOR
AREA
1,000 SF
STORAGE SHED 1 10 25 3 3 150 SF
OTHER ACCESSORY
STRUCTURE
1 12 25 3 3 200 SF
ALL OTHER ALLOWED USES 24,000 NONE 50%200 32 25 25 25
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
COVER SHEET
DISTRICT PLAN
SHEET 01 OF 08
VICINITY MAP- NOT TO SCALE NORTH
LEGAL DESCRIPTION
PARCEL: 3333 S PEARL (REC. NO. D6022863) 0.215 ACRES (9,385 SF)
LOTS 40, 41 AND 42 BLOCK 3, WEST VIEW ADDITION TO ENGLEWOOD,
COUNTY OF ARAPAHOE, STATE OF COLORADO
PARCEL: 3323 S PEARL (REC. NO. B9093887) 0.143 ACRES (6,248 SF)
LOTS 43 AND 44 BLOCK 3, WEST VIEW ADDITION TO ENGLEWOOD,
COUNTY OF ARAPAHOE, STATE OF COLORADO
PARCEL: 3317 S PEARL (REC. NO. B3070626) 0.143 ACRES (6,244 SF)
LOTS 45 AND 46, BLOCK 3, WEST VIEW ADDITION TO ENGLEWOOD,
COUNTY OF ARAPAHOE, STATE OF COLORADO
PROPERTY LOCATION
THE PROPOSED PUD IS LOCATED ON S. PEARL ST. BETWEEN GIRARD
AVE. TO THE SOUTH AND FLOYD AVE. TO THE NORTH. THE
PROPERTY IS WITHIN ONE BLOCK NORTH OF SWEDISH AND CRAIG
HOSPITALS. THE ENGLEWOOD LIGHT RAIL STATION IS ONE MILE
WEST OF THE PROPOSED DEVELOPMENT.
PROJECT BACKGROUND
THE PROJECT IS COMPRISED OF 3 PARCELS (PARCEL ID #
1971-34-4-19-022 (3333 S. PEARL ST.), PARCEL ID #1971-34-4-19-023
(3323 S. PEARL ST.) AND PARCEL ID #1971-34-4-19-024 (3317 S.
PEARL ST.)) TOTALING 21,877 SQUARE FEET, APPROXIMATELY
.5022 ACRES. CURRENTLY PARCEL 1 (3333 S. PEARL)IS ZONED R-1-
C AND HAS AN 800 SQUARE FOOT ALLEY HOME AND 300 SQUARE
FOOT GARAGE; IT IS PROPOSED TO ALLOW THE CONSTRUCTION
OF UP TO 3- TOWNHOME UNITS ON THIS PROPERTY WITH THE
OPTION TO CONSTRUCT 2 SINGLE FAMILY HOMES. CURRENTLY
PARCEL 2 (3323 S. PEARL) IS ZONED R-1-C AND HAS A 1,400
SQUARE FOOT HOME AND 775 SQUARE FOOT GARAGE; IT IS
PROPOSED TO ALLOW THE CONSTRUCTION OF UP TO 2-
TOWNHOME UNITS ON THIS PROPERTY. CURRENTLY PARCEL 3
(3317 S. PEARL) IS ZONED R-1-C AND HAS A 1,000 SQUARE FOOT
HOME AND 500 SQUARE FOOT GARAGE; IT IS PROPOSED TO ALLOW
THE CONSTRUCTION OF UP TO 2- TOWNHOME UNITS ON THIS
PROPERTY.
THE PLANNED UNIT DEVELOPMENT WILL BE PROCESSED PURSUANT
TO THE APPLICABLE CITY REGULATIONS.
PUD PLAN NOTES
1. THIS PROPERTY DOES NOT LIE WITHIN THE 100-YEAR
FLOODPLAIN.
2. NEW UTILITIES SHALL BE UNDERGROUND.
3. ALL CONCRETE WORK DONE IN THE PUBLIC RIGHT OF WAY
SHALL BE IN CONFORMANCE WITH CONSTRUCTION STANDARDS
AND CONCRETE SPECIFICATIONS FOR THE CITY OF ENGLEWOOD,
COLORADO.
4. THE DEVELOPER SHALL COMPLY WITH ALL APPLICABLE CITY
CODES, REGULATIONS, AND STANDARDS.
5. IN THE EVENT OF A CONFLICT BETWEEN THE SPECIFIC
PROVISIONS OF THIS PUD AND TITLE 16, THE SPECIFIC PROVISIONS
OF THIS PUD SHALL CONTROL.
PUD DEVELOPMENT SUMMARY
- MARKET
THE DEVELOPMENT UNDER THIS PUD IS INTENDED TO TARGET
INDIVIDUALS LOOKING FOR OWNERSHIP OF NEW, HIGH QUALITY
RESIDENTIAL CONSTRUCTION WITH CLOSE PROXIMITY TO SWEDISH
AND CRAIG HOSPITALS AS WELL AS ALL OF THE AMENITIES
OFFERED BY DOWNTOWN ENGLEWOOD. THE ANTICIPATED PRICE
RANGE FOR THE INDIVIDUAL TOWNHOMES IS BETWEEN
$500,000-$750,000.
- COMPREHENSIVE PLAN
WITHIN ENGLEWOOD'S ADOPTED 2016 COMPREHENSIVE PLAN THE
PROPERTY UNDER THIS PUD IS LOCATED IN THE MEDICAL DISTRICT
AND WITHIN THE MEDICAL DISTRICT THESE PROPERTIES FALL WITHIN
THE RESIDENTIAL TRANSITION AREAS. ONE OF THE STATED
OBJECTIVES OF THE RESIDENTIAL TRANSITION AREA IS "TO
EXPLORE RESIDENTIAL REDEVELOPMENT PLANS THAT PROMOTE
INFILL TOWNHOME DEVELOPMENT BETWEEN THE HOSPITALS AND
SINGLE FAMILY NEIGHBORHOODS TO THE NORTH TO PROVIDE A
TRANSITIONAL ZONE THAT WILL DIVERSIFY LAND USE MIX, PROVIDE
OPPORTUNITIES FOR NEW HOUSING AND HOME OWNERSHIP." THIS
PUD WILL IN MANY WAYS ACCOMPLISH THE STATED OBJECTIVES OF
THE COMPREHENSIVE IN REGARD TO THIS AREA OF ENGLEWOOD.
- RELATIONSHIP TO NEIGHBORHOOD
-THE PROPOSED PUD IS CURRENTLY IN THE R-1-C ZONE DISTRICT ON
THE WEST SIDE OF PEARL ST., ALTHOUGH DIRECTLY ACROSS THE
STREET, THE EAST SIDE OF PEARL, IS ZONED MU-R-3-C WHICH IS
MIXED USE AND HIGH DENSITY RESIDENTIAL. THE OPPOSING
STREET FRONTAGE IS MADE UP OF A COMBINATION OF HIGH
DENSITY RESIDENTIAL APARTMENT BUILDINGS, SINGLE FAMILY
RESIDENTIAL AND DUPLEX RESIDENCES; GIVING A VERY
DIVERSIFIED MIX OF HOUSING OPTIONS IN THE IMMEDIATE
NEIGHBORHOOD. THEREFORE, THE ADDITION OF TOWNHOMES ON
THE WEST SIDE OF PEARL WILL FURTHER CONTRIBUTE TO THE
DIVERSIFIED HOUSING MIX.
- THE WEST (R-1-C) SIDE OF PEARL IS MADE UP OF A COMBINATION
OF SINGLE FAMILY HOMES WITH A VERY DIVERSIFIED
ARCHITECTURAL CHARACTER RANGING FROM 100 YEAR OLD
BUNGALOWS TO NEWER TWO-STORY HOMES. IT IS THE INTENT OF
THIS PUD TO INCORPORATE MANY OF THE ARCHITECTURAL
ELEMENTS OF THE EXISTING HOMES IN ORDER TO TIE INTO THE
EXISTING ARCHITECTURAL CONTEXT OF THE NEIGHBORHOOD.Page 55 of 208
ZONING
MU-R-3-C
ZONING
R-1-C
ZONING
M-1
ZONING
MU-R-3-B
ZONING
R-1-C
ZONING
PUD-13
PROPOSED
PEARL ST.
PUD
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
ADJACENT
ZONING
SHEET 02 OF 08
NORTH
SCALE: 12" = 1'-0"1 ADJACENT ZONING WITHIN 300' OF PUD
Page 56 of 208
3333 S. PEARL ST.
LOTS 40-42 Blk 3
WEST VIEW
9,385 SF ALLEY(16' W.)3323 S. PEARL ST.
LOTS 43-44 Blk 3
WEST VIEW
6,248 SF
3317 S. PEARL ST.
LOTS 45-46 Blk 3
WEST VIEW
6,244 SF
6' - 0"22' - 0"17' - 5"54' - 6"25' - 1"
24' - 11"5' - 0"+/- 25' - 0"+/- 25' - 0"+/- 25' - 0"+/- 25' - 0"+/- 25' - 0"+/- 25' - 0"+/- 25' - 0"5' - 0"5' - 0"3' - 0"3' - 0"3' - 0"3' - 0"6' - 0"22' - 0"22' - 0"50' - 0"25' - 0"3' - 0"
6' - 0"22' - 0"22' - 0"50' - 0"25' - 0"
+/- 125' - 0"S. PEARL ST.(60' RIGHT-OF-WAY)BLOCK 3
EX. CONC. WALKEX. LANDSCAPELOT 40- TOWNHOME 1
BLDG FOOTPRINT +/- 1,070 SF
2-CAR
GARAGE
484 SF
LOT 41- TOWNHOME 2
BLDG FOOTPRINT +/- 1,070 SF
LOT 42- TOWNHOME 3
BLDG FOOTPRINT +/- 1,070 SF
LOT 43- TOWNHOME 4
BLDG FOOTPRINT +/- 1,070 SF
LOT 44- TOWNHOME 5
BLDG FOOTPRINT +/- 1,070 SF
LOT 45- TOWNHOME 6
BLDG FOOTPRINT +/- 1,070 SF
LOT 46- TOWNHOME 7
BLDG FOOTPRINT +/- 1,070 SF
5' - 0"5' - 0"5' - 0"17' - 0"3' - 0"3' - 0"3' - 0"30' - 0"
2-CAR
GARAGE
484 SF
2-CAR
GARAGE
484 SF
2-CAR
GARAGE
484 SF
2-CAR
GARAGE
484 SF
2-CAR
GARAGE
484 SF
2-CAR
GARAGE
484 SF
NEW PAVEMENT IN ALLEYEX. GRAVEL
EX. GRAVEL
DRAINAGE EASEMENT 3' - 0"DRAINAGE EASEMENT 6' - 0"DRAINAGE EASEMENT 6' - 0"DRAINAGE EASEMENT 3' - 0"PROPERTY LINESIDE SETBACK
5' - 0"BULK PLANE START HT. AT PROPERTY LINE17' - 0"4 5 .0 0 °MAX BLDG HT. AT SIDE SETBACK22' - 0"MAX BLDG HT. 32' - 0"MAX EXTENTS OF
BUILDING ENVELOPE
EXISTING BUILDING STRUCTURE
NEW ALLEY PAVEMENT
SITE PLAN LEGEND
EX. LANDSCAPELOT 41.5-42- SINGLE FAMILY HOME
BLDG FOOTPRINT +/- 1,300 SF
2-CAR
GARAGE
550 SF
LOT 41.5-42- SINGLE FAMILY HOME
BLDG FOOTPRINT +/- 1,300 SF
2-CAR
GARAGE
550 SF
125' - 0"37' - 6"37' - 6"25' - 0"6' - 0"22' - 0"22' - 0"50' - 0"5' - 0"5' - 0"5' - 0"5' - 0"6' - 3"25' - 0"6' - 3"3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
PROPOSED SITE
PLAN
SHEET 03 OF 08
SCALE: 1" = 10'-0"1 PROPOSED SITE PLAN NORTH
SCALE: 1/4" = 1'-0"2 BULK PLAN SECTION
0 5 10 20 30
SCALE: 1" = 10'-0"4 ALTERNATE 3333 S. PEARL SINGLE FAMILY SITE PLAN
Page 57 of 208
PUBLIC ALLEY(16' R.O.W.)S. PEARL STREET(60' R.O.W.)5370
5369
537
0
537053715372
53
7
2
537
1
53
7
1
5371
PUBLIC ALLEY(16' R.O.W.)S. PEARL STREET(60' R.O.W.)5370
5369
537
0
537053715372
53
7
2
537
1
53
7
1
5371
X X
X X
XX
XXXXX
X X X X X X X X X X X XX X X X X X X X X X XXXXXXXXXXXX
X X X X X X X X X X X
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
3317 S. PEARL ST.
3323 S. PEARL ST.
3333 S. PEARL ST.
LOT 46
LOT 45
LOT 44
LOT 43
LOT 42
LOT 41
LOT 40
3.0' D.E.3.0' D.E.3.0' D.E.3.0' D.E.3.0' D.E.3.0' D.E.ALLEYWAY TO BE PAVED ATTIME OF CONSTRUCTIONPUBLIC ALLEY(16' R.O.W.)S. PEARL STREET(60' R.O.W.)5370
5369
537
0
537053715372
53
7
2
537
1
53
7
1
5371
TBC: 5369.32'
FL: 5368.85'
TBC: 5370.07'
FL: 5369.64'
TBC: 5370.70'
FL: 5370.27'
TBC: 5371.12'
FL: 5370.69'
TBC: 5371.72'
FL: 5371.25'FL: 5372.69'
FL: 5371.92'
FL: 5371.67'
FL: 5370.08'
FL: 5372.31'
FL: 5371.14'
EG: 5371.90'
EG: 5373.15'
EG: 5370.19'
FFE: 5371.65
FFE: 5371.65
FFE: 5372.30
FFE: 5372.30
FFE: 5373.30
FFE: 5373.30
FFE: 5373.30
EG: 5368.26'
EG: 5369.23'
EG: 5371.68'
EG: 5371.70'
FG: 5368.84'
(3) - 6" RISERS
TS: 5371.07'
BS: 5369.57'
3.6%
FG: 5369.02'
4.7%
FG: 5369.85'
FG: 5369.95'
1.9%2.6%
(3) - 4" RISERS
TS: 5371.33'
BS: 5370.33'
FG: 5370.20'
FG: 5370.23'3.2%(3) - 4" RISERS
TS: 5371.97'
BS: 5370.97'
3.3%
FG: 5370.48'
FG: 5370.51'2.6%
(3) - 4" RISERS
TS: 5372.11'
BS: 5371.11'
1.9%
FG: 5370.80'
FG: 5370.83'
4.3%1.7%
(3) - 6" RISERS
TS: 5373.20'
BS: 5371.70'
FG: 5371.16'
FG: 5371.20'
2.3%1.7%
(3) - 6" RISERS
TS: 5373.14'
BS: 5371.64'
FG: 5371.40'
FG: 5371.45'
1.4%1.7%
(3) - 6" RISERS
TS: 5373.20'
BS: 5371.70'
FG: 5372.94'
FG: 5372.49'
FG: 5372.41'
FG: 5371.96'
FG: 5371.89'
FG: 5371.71'
FG: 5371.61'
FG: 5371.45'
FG: 5371.41'
FG: 5371.23'
FG: 5371.13'
FG: 5370.87'
FG: 5370.78'
FG: 5370.35'
5369
53
7
0
5371
5370
5371
5371
53715372
5372
53
7
22.5%1.4%0.6%1.0%1.9%1.3%1.3%1.2%1.4%1.5%FFE: 5373.35
FFE: 5373.35
FFE: 5372.44
FFE: 5372.16
FFE: 5372.16
FFE: 5371.68
FFE: 5371.68
5.0%
2.0%
2.0%
3.3%
2.0%
4.7%
5369
GRADING &
DRAINAGE PLAN
5
05
0 5 10 20 30
( IN FEET )
1 inch = 10 ft.
LEGEND:
ALL PLANAMETRIC LINEWORK THAT IS FADED BACK
SHOWN HEREIN INDICATES AN EXISTING FEATURE
(IMPROVEMENT, TOPOGRAPHY, UTILITY, ETC.). ALL
PLANIMETRIC TEXT THAT IS FADED BACK AND
ITALICIZED SHOWN HEREIN INDICATES A CALLOUT
TO AN EXISTING FEATURE.
SPOT ELEVATION5280'
FENCEX
EXISTING CONTOUR5280
EXISTING CONCRETE
N
S
EW
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO.
WEST ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
DRAWN BY:
CHECKED BY:
DATE:
REVISION:
JMG
17-176
07.25.20173333, 3323, 3317 S. PEARL STREETPLANNED UNIT DEVELOPMENTCITY OF ENGLEWOOD,COUNTY OF ARAPAHOE, STATE OF COLORADOETB
FOR CONSTRUCTION
COPYRIGHT 2017
THIS DOCUMENT IS AN INSTRUMENT OF SERVICE, AND AS SUCH
REMAINS THE PROPERTY OF THE ENGINEER. PERMISSION FOR USE
OF THIS DOCUMENT IS LIMITED AND CAN BE EXTENDED ONLY BY
WRITTEN AGREEMENT WITH ALTITUDE LAND CONSULTANTS.
SHEET OF 09
3461 RINGSBY CT, SUITE 125
DENVER, CO 80216
2727 NORTH CASCADE, #160
COLORADO SPRINGS, CO 80907
720.413.9691
INFO@ALTITUDELANDCO.COM
WWW.ALTITUDELANDCO.COM
CIVIL|SURVEY|PLANNING|LANDSCAPE
LAND CONSULTANTS I
N
C
LTITUDE
NO. DATE BY
3333, 3323, 3317 S. PEARL STREET - PLANNED UNIT DEVELOPMENT
GENERAL NOTES:
1.ALL TOPOGRAPHIC AND PLANIMETRIC INFORMATION CONTAINED HEREIN WAS GATHERED IN THE FIELD ON JULY 7TH, 2017
BY COLORADO ILC SERVICES.
2.UTILITIES SHOWN HEREON ARE BASED ON GRAPHICAL EVIDENCE, UTILITY MAPS FROM THE GOVERNING JURISDICTIONS
AND SURVEYED EVIDENCE IN THE FIELD.
3.SITE ADDRESS IS: 3333, 3323, 3317 S. PEARL STREET, ENGLEWOOD, CO 80113
4.SITE BENCHMARK IS: NGS BENCHMARK "W 409" LOCATED IN THE SOUTHEAST CORNER OF THE INTERSECTION OF EAST
HAMPDEN AVENUE AND SOUTH DOWNING STREET, ASSUMED TO HAVE AN ELEVATION OF 5381.07 FEET (NAVD 83).
5.CONTRACTOR SHALL SLOPE ALL FINED GRADES DOWN AWAY FROM ALL BUILDING DOOR LOCATIONS, AS SHOWN.
DOWNSPOUT NOTES:
1.ALL DISCHARGE POINTS FOR DOWNSPOUT LINES MUST BE AT LEAST 3 FEET AWAY FROM ADJACENT PROPERTIES AND
PUBLIC SIDEWALKS. IF EXTENDERS ON THE DOWNSPOUTS OR SUMP LINES DO NOT DISCHARGE TO A FOUNDATION SPLASH
BLOCK, EXTENDERS MUST BE AT LEAST 2 FEET FROM THE BUILDING FOUNDATION.
FG: FINISHED GRADE
EG: EXISTING GRADE
FL: FLOW LINE
TC: TOP OF CURB
BC: BOTTOM OF CURB
BS: BOTTOM OF STEP
TS: TOP OF STEP
GB: GRADE BREAK
GS: GROUND SHOT
TW: TOP OF WALL
BW: BOTTOM OF WALL
DS: DOWNSPOUT
FFE: FINISHED FLOOR ELEVATION
HP: HIGH POINT
ABBREVIATION LEGEND
DRAINAGE ARROW
4
04 OF 08
Page 58 of 208
3333 S. PEARL ST.
LOTS 40-42 Blk 3
WEST VIEW
9,385 SF ALLEY(16' W.)3323 S. PEARL ST.
LOTS 43-44 Blk 3
WEST VIEW
6,248 SF
3317 S. PEARL ST.
LOTS 45-46 Blk 3
WEST VIEW
6,244 SF
S. PEARL ST.(60' RIGHT-OF-WAY)LOT 40
LOT 41
LOT 42
LOT 43
LOT 44
LOT 45
LOT 46 WWWWWWWWWWWWWWWWWWWAPPROX.
LOCATION EX
4" WATER MAIN
WWWW
WWWW
WWWW
WWWW
WWWW
WWWW
WWWW
EX WATER LINE
TO REMAIN
EX WATER LINE
TO REMAIN
EX WATER LINE
TO REMAIN
NEW 3/4" WATER
SERVICE
NEW 3/4" WATER
SERVICE
NEW 3/4" WATER
SERVICE
NEW 3/4" WATER
SERVICE
EX SIDEWALK
EX CURB &
GUTTER
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
EX 8"
SAN.
MAIN
S S S S
S
S S S S
S
S S S S
S
S S S S
S
S S S S
S
S S S S
S
S S S S
S
4" PVC
SAN.
SERVICE
4" PVC
SAN.
SERVICE
4" PVC
SAN.
SERVICE
4" PVC
SAN.
SERVICE
4" PVC
SAN.
SERVICEOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUOHUEX OVERHEAD
ELECTRIC LINES
NEW PAVEMENT IN ALLEYDRAINAGE EASEMENT 3' - 0"DRAINAGE EASEMENT 6' - 0"DRAINAGE EASEMENT 6' - 0"DRAINAGE EASEMENT 3' - 0"LEGEND
EXISTING WATER LINE
EXISTING SAN SEWER LINE
EXISTING OVERHEAD ELEC
EXISTING BUILDING
PROPOSED WATER LINE
PROPOSED SAN SEWER LINE
W W
S S
OHU OHU
W W
S S
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
UTILITY PLAN
SHEET 05 OF 08
SCALE: 1" = 10'-0"1 UTILITY PLAN NORTH
0 5 10 20 30
Page 59 of 208
3333 S. PEARL ST.
LOTS 40-42 Blk 3
WEST VIEW
9,385 SF ALLEY(16' W.)3323 S. PEARL ST.
LOTS 43-44 Blk 3
WEST VIEW
6,248 SF
3317 S. PEARL ST.
LOTS 45-46 Blk 3
WEST VIEW
6,244 SF
S. PEARL ST.(60' RIGHT-OF-WAY)LOT 40
LOT 41
LOT 42
LOT 43
LOT 44
LOT 45
LOT 46
GARAGE
TOWNHOME
TOWNHOME
TOWNHOME
TOWNHOME
TOWNHOME
TOWNHOME
TOWNHOME
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE
GARAGE TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
TURF
REAR
PATIO
REAR
PATIO
REAR
PATIO
REAR
PATIO
REAR
PATIO
REAR
PATIO
REAR
PATIO
ROCK MULCH
ROCK MULCH
ROCK MULCH
ROCK MULCH
ROCK MULCH
ROCK MULCH
ROCK MULCH
ROCK MULCH
PRIVACY FENCE
PRIVACY FENCE
PRIVACY FENCE
PRIVACY FENCE
PRIVACY WALL
PRIVACY WALL
PRIVACY WALL
PRIVACY WALL EX CONC. SIDEWALKEX TREE
TO REMAIN
EX TREE
TO REMAIN
LANDSCAPE LEGEND
6' PRIVACY FENCE
VARIOUS TREE SPECIES
VARIOUS SHRUB SPECIES
SOD
ROCK MULCH
SITE CALCULATIONS
DECIDUOUS TREES
BOTANICAL NAME / COMMON NAME
Acer freemanii `Autumn Blaze` / Autumn Blaze Maple
Existing Tree / Existing Tree
Gleditsia triacanthos `Imperial` / Imperial Honeylocust
Koelreuteria paniculata / Golden Rain Tree
Tilia americana `Redmond` / Redmond American Linden
EVERGREEN TREES
BOTANICAL NAME / COMMON NAME
Juniperus scopulorum `Skyrocket` / Skyrocket Juniper
Pinus aristata `Sherwood Compacta` / Dwarf Bristlecone Pine
ORNAMENTAL TREES
BOTANICAL NAME / COMMON NAME
Acer ginnala compactum / Compact Amur Maple
Acer tataricum / Tatarian Maple
Crataegus x mordenensis `Toba` / Toba Hawthorn
Malus x `Radiant` / Radiant Crab Apple
Malus x `Spring Snow` / Spring Snow Crab Apple
Prunus virginiana `Shubert` / Canada Red Chokecherry
ORNAMENTAL GRASSES
BOTANICAL NAME / COMMON NAME
Calamagrostis x acutiflora `Karl Foerster` / Feather Reed Grass
Festuca glauca `Elijah Blue` / Blue Fescue
Helictotrichon sempervirens / Blue Oat Grass
Miscanthus sinensis `Morning Light` / Morning Light Silver Grass
Miscanthus sinensis `Variegatus` / Variegated Japanese Silver Grass
Pennisetum alopecuroides / Fountain Grass
Pennisetum alopecuroides `Hameln` / Dwarf Fountain Grass
Schizachyrium scoparium / Little Bluestem Grass
DECIDUOUS SHRUBS
BOTANICAL NAME / COMMON NAME
Berberis thunbergii `Atropurpurea Nana` / Dwarf Redleaf Japanses Barberry
Caryopteris x clandonensis `Blue Mist` / Blue Mist Shrub
Cercis canadensis / Eastern Redbud Multi-trunk
Cornus sericea `Kelseyi` / Kelseyi Dogwood
Forsythia x intermedia `Arnold`s Dwarf` / Dwarf Forsythia
Genista tinctoria `Plena` / Woadwaxen
Ligustrum vulgare `Lodense` / Lodense Privet
Potentilla fruticosa `Gold Drop` / Gold Drop Potentilla
Prunus besseyi `Pawnee Buttes` / Sand Cherry
Rhus aromatica `Gro-Low` / Gro-Low Fragrant Sumac
Ribes alpinum / Alpine Currant
Spiraea x bumalda `Anthony Waterer` / Anthony Waterer Spiraea
Spiraea x bumalda `Limemound` TM / Limeound Spirea
Syringa meyeri `Palibin` / Dwarf Korean Lilac
EVERGREEN SHRUBS
BOTANICAL NAME / COMMON NAME
Arctostaphylos x coloradoensis / Manzanita
Arctostaphylos x coloradoensis `Panchito` / Panchito Manzanita
Buxus sinica insularis `Wintergreen` / Wintergreen Korean Littleleaf Boxwood
Cotoneaster dammeri `Coral Beauty` / Bearberry Cotoneaster
Cotoneaster horizontalis perpusillus / Perpusillus Rock Spray Cotoneaster
Euonymus fortunei `Colorata` / Purple-leaf Winter Creeper
Juniperus horizontalis plumosa `Youngstown` / Creeping Juniper
Juniperus horizontalis `Blue Chip` / Blue Chip Juniper
Juniperus sabina `Arcadia` / Arcadia Juniper
Juniperus sabina `Buffalo` / Buffalo Juniper
Pinus mugo `Mops` / Mugo Pine
SUGGESTED PLAN PALETTE
1. FINAL CONSTRUCTION DOCUMENTS SUBMITTED TO THE CITY
SHALL CONFORM TO THE REQUIREMENTS OUTLINED WITHIN
THIS PUD SUBMITTAL.
2. LANDSCAPE PLANS DEPICTED ARE SCHEMATIC IN NATURE
AND ARE SUBJECT TO MODIFICATIONS.
3. THE LOCATION OF LANDSCAPE PLANTINGS MAY BE ALTERED
TO PROVIDE ADEQUATE CLEARANCE FROM THE FINAL
LOCATION OF UNDERGROUND UTILITIES. THE BASE OF
DECIDUOUS TREES SHALL BE PLANTED NO CLOSER THAN 5'
FROM WET UTILITIES. THE BASE OF EVERGREEN TREES SHALL BE
PLANTED NO CLOSER THAN 10' FROM ALL WET UTILITIES UNLESS
OTHERWISE DIRECTED BY THE CITY
4. GRASS AREAS DESIGNATED AS IRRIGATED TURF SHALL BE
SEEDED OR SODDED WITH A DROUGHT TOLERANT GRASS
MIXTURE.
5. THE SIZE OF DECIDUOUS TREES SHALL BE A MINIMUM OF 2 1/2"
CALIPER AND THE SIZE OF EVERGREEN TREES SHALL BE A
MINIMUM OF 6'-8' IN HEIGHT.
6. THE SIZE OF DECIDUOUS AND EVERGREEN SHRUBS SHALL BE A
MINIMUM OF 5 GALLONS.
7. THE SIZE OF ORNAMENTAL GRASSES AND PERENNIALS SHALL
BE A MINIMUM OF 1 GALLON.
8. THE QUANTITY AND LOCATION OF LANDSCAPE AND
HARDSCAPE ELEMENTS DEPICTED MAY BE ALTERED WITHIN THE
CONSTRUCTION DOCUMENTS, WITH THE INTENT OF RETAINING
APPROXIMATE RLA AND LIVING LANDSCAPE TOTALS.
9. WHENEVER POSSIBLE, MECHANICAL DEVICES SHALL BE
SCREENED WITH LANDSCAPE MATERIAL.
10. ALL LANDSCAPE IMPROVEMENTS SHALL BE DESIGNED AND
INSTALLED WITH THE INTENT TO PRESERVE THE PEDESTRIAN
EXPERIENCE WHILE ENSURING PUBLIC SAFETY AND
MAINTAINING A HIGH AESTHETIC QUALITY WITHIN THE SITE.
11. PLANT DIVERSITY SHOULD BE CONSIDERED WHEN SELECTING
STREET TREES. THE MAXIMUM PERCENTAGE OF ANY ONE
SHRUB OR TREE SPECIES ON SITE SHOULD NOT EXCEED 33%.
12. EACH LOT'S LANDSCAPE SHALL BE IRRIGATED WITH AN AUTOMATIC
SYSTEM USING THEIR OWN INDEPENDENT DOMESTIC TAP.
GENERAL NOTES:
1. THE REQUIRED LANDSCAPE AREA (OR RLA) SHALL BE
CALCULATED FROM THE AGGREGATE OF THE TOTAL SITE AREA
AND NOT FROM INDIVIDUAL LOTS.
2. PER TABLE 16-6-7.3, A MINIMUM OF 40% OF THE TOTAL SITE
AREA SHALL BE R.L.A.
3. A MINIMUM OF 70% OF THE SQUARE FOOTAGE OF R.L.A.
SHALL BE LIVING LANDSCAPE.
4. A MINIMUM OF ONE TREE PER EVERY 625 SQUARE FEET OF
REQUIRED LANDSCAPED AREA SHALL BE REQUIRED.
5. A MINIMUM OF 50% OF TREE REQUIREMENTS SHALL BE
PLANTED BETWEEN THE PRINCIPAL STRUCTURE AND CURB.
6. WHEN THE REQUIRED LANDSCAPE AREA IS LESS THAN ONE
THOUSAND TWO-HUNDRED FIFTY (1,250) SQ. FT. A MINIMUM
OF TWO TREES SHALL BE REQUIRED.
7. A MINIMUM OF ONE SHRUB PER 100 SQUARE FEET OF
LANDSCAPED AREA IS REQUIRED. A MINIMUM OF 30% OF
SHRUB REQUIREMENTS SHALL BE PLANTED BETWEEN THE
PRINCIPAL STRUCTURE AND CURB.
8. A LOW WATER PLANT PALETTE IS PROPOSED. ADDITIONAL
PLANTS MAY BE PROPOSED IN SUBSEQUENT PROCESSES.
9. A DROUGHT TOLERANT PLANT PALETTE HAS BEEN SUGGESTED.
ADDITIONAL PLANTS MAY BE PROPOSED IN SUBSEQUENT
PROCESS.
10. A MINIMUM OF 1 STREET/CANOPY TREE WILL BE PLANTED
WITHIN THE STREET-SCAPE AS PART OF THE TRT (EXCEPTION TO
LOT 5-DUE TO SITE SIZE CONSTRAINTS). REMAINING TRT CAN BE
FULFILLED BY ORNAMENTAL OR EVERGREEN TREES.
PLANTING STANDARDS:
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
LANDSCAPING
PLAN
SHEET 06 OF 08
SCALE: 1" = 10'-0"1 LANDSCAPE PLAN NORTH
0 5 10 20 30
Page 60 of 208
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
CONCEPTUAL
RENDERING
SHEET 07 OF 08
3333 S. PEARL ST. − 3 TOWNHOMES 3323 S. PEARL ST. − 2 TOWNHOMES 3317 S. PEARL ST. − 2 TOWNHOMES
Page 61 of 208
3333, 3323, 3317 S. PEARL STREET
CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO
WEST VIEW ADDITION TO ENGLEWOOD, LOTS 40-46, BLOCK 3
PEARL ST. PUDDATE:
3333, 3323, 3317 S. PEARL STREET
PLANNED UNIT DEVELOPMENT
3333, 3323, 3317 S. PEARL STREET- PLANNED UNIT DEVELOPMENT
PLANNED UNIT DEVELOPMENT
INITIAL PUD SUBMITTAL: 07-28-17
FINAL PUD SUBMITTAL: 08-24-17
CONCEPTUAL
RENDERING
SHEET 08 OF 083333 S. PEARL ST. − 3 TOWNHOMES
3323 S. PEARL ST. − 2 TOWNHOMES
3317 S. PEARL ST. − 2 TOWNHOMES
Page 62 of 208
Page 63 of 208
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Page 83 of 208
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. 16-2-7 and 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, t he City Council
shall rely upon the evidence presented at the public hea ring, 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 84 of 208
_______ 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 reason able
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 , 2018.
Joe Jefferson, 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 _______, 2018.
_________________________________
Stephanie Carlile, City Clerk
Page 85 of 208
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 ap prove, 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, t ogether
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 86 of 208
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 con text 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.).
Page 87 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Alison Carney
DEPARTMENT: Communications
DATE: January 2, 2018
SUBJECT:
Slate Communications Contract Amendment for
Communications and Marketing needs for 2018
DESCRIPTION:
Slate Communications Contract Amendment for Communications and Marketing needs for 2018
RECOMMENDATION:
Communications staff recommends City Council approve an amended agreement to renew
Slate Communications for communications and marketing needs for 2018.
PREVIOUS COUNCIL ACTION:
In January 2017, Council approved a contract with Slate Communications for $73,400 for
production of the Citizen Magazine & Recreation Guide and assistance with signature events.
SUMMARY:
This amended agreement includes projects for both the Communications Department and
Community Development.
Staff is looking to renew the contract with Slate Communications to continue the production of
the Citizen Magazine & Recreation Guide so that the magazine stays consistent. A large part of
the initial contract was the creation and design of the magazine. Now that the magazine is
designed, Communications staff would like to keep the look and feel consistent by continuing to
work with Slate Communications on production and layout of the magazine.
Staff is also seeking resources from Slate for assistance on the 4th of July Fireworks & Festival
and the Englewood Block Party. Since Slate helped with both events in 2017, the process will
be streamlined in 2018 for City staff and Slate staff.
The contract also includes a marketing campaign for Economic Development and the
production of a Planning Resource Guide for the Community Development Department.
ANALYSIS:
Slate Communications is uniquely qualified to provide the professional services for
communications and marketing due to their high-quality work on the Englewood Magazine and
the production of the Englewood Signature Events. This amendment will allow the quality and
consistency of communications support for 2018.
FINANCIAL IMPLICATIONS:
Page 88 of 208
This agreement for 2018 is for $54,000.
$42,000 of that is budgeted for in the Communications Department budget and $12,000 is in the
Community Development budget for 2018.
The 2017 contract with the Communications Department was for $73,400.
Community Development had a contract with Slate in 2017 for $18,040.
ATTACHMENTS:
Contract Cover Sheet
2018 Contract Amendment
2018 Slate Schedule A
2017 Slate Community Development Scope of Work
Budget Sheets
Page 89 of 208
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: Alison Carney Phone:303-762-2311
Title: Communications Manager Email:acarney@englewoodco.gov
Vendor Contact Information
Vendor Name: Slate Communications Vendor Contact: Kim Newcomer
Vendor Address: 425 W. Mulberry St. #201 Vendor Phone: 970-631-3979
City: Fort Collins Vendor Email:
kim@slatecommunications.com
State: CO Zip Code: 80521
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: Jan. 3, 2018 End Date: Dec. 31, 2018 Total Years of Term: 1
Total Amount of Contract for term (or estimated amount
if based on item pricing):
$54,000
If Amended: Original Amount
$73,400
Amendment Amount
$54,000
Total as Amended:
$127,400
Renewal options available:
Payment terms (please
describe terms or attach
schedule if based on
deliverables):
30 days after completion of projects.
Attachments:
☒Copy of original Contract if this is an amendment
☐Copies of related Contracts/Conveyances/Documents
Professional services for communications and marketing needs.
Page 90 of 208
Contract Approval Summary
V10/25/2017
Page | 2
Source of funds:
Budgeted
Funds:
$42,000 ($32,000 from Professional Services and $10,000
from Other Expenses) from Communications budget
Line Item Description:
Professional
Services/
Other Expenses
Line Item Total
Funding:
$35,900/$65,000
Portion of Line Item spent to date:
$0
Funding
Source:
Fund:02 Division Code:1801
Note (if
needed):
Budgeted
Funds:
$12,000 (From Community Development budget)
Line Item
Description:
Professional
services
Line Item Total Funding:
$235,000
Portion of Line Item spent to
date: $0
Funding
Source:
Fund:02 Division Code:0801
Note (if
needed):
Attachments:
☒Copy of budget page from current budget book if contract value $25,000 or over or
requires Council approval.
Process for Choosing Vendor:
☐Bid: ☐ Bid Evaluation Summary attached
☐ Bid Response of proposed awardee
☐RFP: ☐ RFP Evaluation Summary attached
☐ RFP Response of proposed awardee
☐Quotes: Copy of Quotes attached
☒Sole Source: Explain Need below
☐Other: Please describe
The City did an RFP in 2016 and selected Slate Communications for
communications and marketing needs. Staff recommends continuing to use Slate
in 2018 to ensure consistency with the Citizen Magazine design and layout.
Slate’s assistance with events in 2017 will help streamline event planning in 2018
since they are familiar with the signature events.
Page 91 of 208
Contract Approval Summary
V10/25/2017
Page | 3
Page 92 of 208
AMENDMENT #1
TO
THE PROFESSIONAL SERVICES AGREEMENT OF DECEMBER 16, 2016
BETWEEN SLATE COMMUNICATIONS
AND THE
CITY OF ENGLEWOOD
FOR PROFESSIONAL SERVICES IN THE AREAS OF COMMUNICATIONS AND
MARKETING
THIS AMENDMENT #1 to the Professional Services Agreement of December 16, 2016,
made and entered into on this ________ day of December, 2017 by and between the City of
Englewood hereinafter referred to as “City” and Slate Communications hereinafter referred to as
“Slate” and collectively referred to as the “Parties”.
WHEREAS, on December 16, 2016 the Parties entered into a Professional Services
Agreement (“PSA”) for the provision of professional services in the areas of communications
and marketing; and
WHEREAS, during the past year Slate has assisted the City in revitalizing the Englewood
Citizen, putting together signature events such as the 4th of July Celebration, the State of the City
Address, and the Englewood Block Party; and
WHEREAS, the City desires that Slate continue its collaboration with the City and its
Departments to expand upon and enhance current and possibly future events and
communications; and
WHEREAS, the Parties will continue to operate and abide by the terms and conditions of
PSA/16-63 entered into by the Parties on December 16, 2016.
NOW, THEREFORE, City and Slate agree to the Amendment #1 as follows:
I.SCOPE OF DESIGN WORK
Scope of Work will encompass the continued professional services in designing and
publishing the Englewood Citizen, and working collaboratively with the City in its signature
events. In addition, Slate will produce a marketing campaign for Economic Development and
produce a Planning Resource Guide.
II.COMPENSATION
Compensation for the services described in the Scope of Work, attached hereto, shall be
in the amount of $54,000.00 dollars, as set forth in the Payment Schedule and Budget.
IN WITNESS WHEREOF, the City and Slate do hereby execute this Amendment to
the Professional Services Agreement (PSA/16-63), of December 16, 2016.
Page 93 of 208
CITY OF ENGLEWOOD
By: __________________________________
Title: __________________________________
Date: __________________________________
SLATE COMMUNICATIONS
By: __________________________________
Title: __________________________________
Date: __________________________________
CEO
12/20/17
Page 94 of 208
SCHEDULE A
OUTLINE OF STATEMENT OF WORK
1. GENERAL
The City of Englewood (City) and Slate Communications (Slate) are pursuing the
renewal of the professional services agreement entered into by the parties in 2016. This will
ensure continued consistencies with brand standards and messaging. This document will
outline the scope of work and deliverables for Slate and the payment schedule and budget to be
paid to Slate for the services provided by the City.
The contract will be effective immediately upon execution by the parties and will continue
for 1 year or until all deliverables are completed whichever comes first.
2. NAMES OF PROJECT COORDINATORS
For the City of Englewood: Alison Carney, Communications Manager
For Slate Communications.: Kim Newcomer, Chief Executive Officer
3. SUMMARY OF PURPOSE FOR STATEMENT OF WORK
In 2017, Slate Communications provided professional services in designing and
publishing the City’s magazine and provided support in programming the City’s signature
events, including the revitalization of the Englewood Citizen. With the renewal of the 2016
contract, Slate will continue to provide these professional services to the City in the areas of
magazine publication and the City’s signature events, such as the 4th of July Celebration and
Englewood Block Party. Slate will work closely with the Communications Manager throughout
the duration of this contract.
4. EQUIPMENT AND PROGRAMMING TO BE PROVIDED BY CITY (IF ANY)
In addition to the financial resources that the City is providing through this contract to
complete the deliverables, the City will provide meeting spaces and work spaces as requested
by Slate.
5. DESCRIPTION OF WORK PRODUCT AND DELIVERABLES
I. Produce the Englewood Magazine
a. Slate shall create a full-color Englewood Citizen Magazine & Recreation
Guide that communicates all department and city information through, but not
limited to, thoughtful storytelling featuring citizens and businesses. Slate shall
not exceed the current budgeted dollars for the design, customization,
printing and distribution of the magazine. Deliverable: Production of
Englewood Citizen Magazine.
Page 95 of 208
b. Slate shall establish an ongoing process with the Communications Manager
for all city departments to follow and utilize the Communications Manager to
compile and prioritize magazine content from departments and the
community. Deliverable: Work with Communications Manager to
establish a standard process for content solicitation, collection, and
prioritization.
c. Slate shall utilize their existing professional network to publish, print, and
distribute the magazine. All printing costs shall be competitive and approved
by the city prior to printing. Deliverable: Publish, print, and distribute the
magazine.
II. Production of Signature Events.
a. Slate shall work in conjunction with the Communications Manager on
programming of two signature Englewood events in 2018. The events shall
include the Fourth of July Fireworks & Festival and the Englewood Block
Party. Deliverable: Produce two signature Englewood events on behalf
of the City.
i. Fourth of July –
1. Event budget: $5,000 Professional Services for planning the
event.
ii. Englewood Block Party –
1. Event budget: $5,000 Professional Services for planning the
event.
III. Production of a Marketing Campaign
a. Slate shall develop and execute a marketing campaign to increase
awareness of the City’s Economic Development programs. The campaign
should target Englewood businesses and regional businesses. Deliverable:
Produce a marketing campaign for Economic Development.
IV. Produce a Planning Resource Guide
a. Slate shall develop a Planning Resource Guide modeled from the Business
Resource Guide already created by Slate. Deliverable: Produce a Planning
Resource Guide for print.
6. MODE OF PAYMENT
PAYMENT SCHEDULE AND BUDGET
Slate shall not exceed the agreed upon budget set forth in this scope of work and contract. The
total budget includes a regular payment schedule subject to completed milestones and an
account for hard costs for supplies and publications. All payments will be made upon invoice.
The total budget for the duration of the contract: $54,000
Page 96 of 208
Professional Services – Payment Schedule
City will pay Slate for the work as set forth in this document. Payments shall be made so long as
work performed falls within the scope set forth in this Statement of Work. Performance of work
shall follow the standard client approval process established by Slate. Prior to each payment
date, Slate shall submit an invoice to the City that provides the breakdown of staff time by hour
and individual rate. Invoices for each month shall not exceed the maximum amount. Overages
must be approved by the City Manager prior to payment and will be subject to reductions in
another month.
Scope of Work Amount
Production of Englewood Magazine $32,000
Production of Englewood Signature Events $10,000
Production of Marketing Campaign $10,000
Production of Planning Resource Guide $2,000
TOTAL $54,000.00
7.SCHEDULE AND PERFORMANCE MILESTONES
This schedule sets for the target dates and performance milestones for the preparation and
delivery of the Deliverables by Consultant. Slate will give updates to City Council as needed.
Deliverables Deadline
Work with Communications Manager to establish a
standard process for content solicitation, collection, and
prioritization
Ongoing
Produce four signature Englewood events on behalf of the
City Corresponding with annual events.
Publish, print, and distribute the magazine May 1, & Aug. 1, Nov. 1 2018
Produce a marketing campaign for Economic Development
programs. March 31, 2018
Produce a Planning Resource Guide June 30, 2018
8.ACCEPTANCE AND TESTING PROCEDURES
9.LOCATION OF WORK FACILITIES
Substantially all of the work will be conducted by Slate at its regular office located in
___________.
City will provide the City office space and support as it agrees may be appropriate, at its
City owned facility.
Fort Collins
Page 97 of 208
IN WITNESS WHEREOF, pursuant and in accordance with the Professional Services
Agreement between the parties hereto dated _______________, 20__, the parties have
executed this Statement of Work as of this ______ day of ________________, 20__.
CITY OF ENGLEWOOD, COLORADO
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
____________________________________
Consultant Name
By:
(Signature)
_________________________________
(Print Name)
Title:
Date: _______________________________
Slate Communications
Kim Newcomer
CEO
12/20/17
Page 98 of 208
Page 99 of 208
Department Community Development
Fund General
Account 02.0801
City of Englewood, Colorado 154 Proposed BUDGET 2018
Description The Community Development Department oversees planning, zoning, environmental,
neighborhood, urban renewal, economic development, building safety and housing
initiatives in the City of Englewood.
The Building Division offers a variety of services to help citizens and contractors.
Primarily, the Division is responsible for ensuring that building structures in Englewood are
safe and conform to international building codes. Office staff is available to provide
information on building permits and codes and to perform inspections. Staff members are
trained and certified in all aspects of code administration.
History and
Budget
Actual Actual Actual Actual Actual Budget Estimate Budget
2012 2013 2014 2015 2016 2017 2017 2018
Revenue
Taxes - - - - - - - -
Licenses & Permits 850,936 1,153,422 1,223,786 1,224,590 1,104,878 976,600 925,330 954,735
Intergovernmental 75,535 4,500 16,300 16,729 16,800 16,800 92,335 92,335
Charges for Services 127,128 89,388 11,379 14,500 17,789 17,120 16,070 409,437
Fines & Forfeitures - - - - - - - -
Investment Income - - - - - - - -
Other - - - - - 81 81 -
LT Debt Proceeds - - - - - - - -
Transfers In - - - - - - - -
Total Revenue 1,053,599 1,247,310 1,251,465 1,255,819 1,139,468 1,010,601 1,033,816 1,456,507
Percent Change ----18.39%0.33%0.35%-9.26%-11.31%2.30%40.89%
Expenditure
Personnel 1,522,079 1,510,308 1,513,902 1,448,382 1,483,011 1,674,544 1,552,638 1,669,091
Commodities 46,413 37,003 27,694 38,046 38,638 37,066 37,680 35,985
Contractual 426,928 287,356 391,333 439,175 418,362 579,430 580,730 923,668
Capital 8,555 12,028 14,793 10,393 14,176 11,757 11,757 15,757
Debt Service - - - - - - - -
Transfer Out - - - - - - - -
Total Expenditure 2,003,975 1,846,695 1,947,722 1,935,996 1,954,188 2,302,797 2,182,806 2,644,501
Percent Change 9.69%-7.85%5.47%-0.60%0.94%17.84%-5.21%21.15%
Employees FTE 18.00 18.00 18.00 16.00 16.00 17.00 17.00 17.00
Percent Change FTE 0.00%0.00%0.00%-11.11%0.00%6.25%0.00%0.00%
Page 100 of 208
Department Communications
Fund General
Account 02.1801
City of Englewood, Colorado 185 Proposed BUDGET 2018
History and
Budget
Actual Actual Actual Actual Actual Budget Estimate Budget
2012 2013 2014 2015 2016 2017 2017 2018
Revenue
Taxes - - - - - - - -
Licenses & Permits 8,758 7,292 7,873 6,843 68,407 106,000 106,000 106,000
Intergovernmental 491,492 324,626 677,288 539,560 797,022 153,105 468,016 69,535
Charges for Services 51,174 44,059 48,771 49,800 52,100 45,000 45,000 45,000
Fines & Forfeitures 381 23 702 84 1,125 - - -
Investment Income 1,917 256 257 150 94 - - -
Other 18,939 21,426 3,410 4,835 13,669 - - 18,039
LT Debt Proceeds - - - - - - - -
Transfers In - - - - - - - -
Total Revenue 572,662 397,682 738,301 601,272 932,417 304,105 619,016 238,574
Percent Change -----30.56%85.65%-18.56%55.07%-67.39%103.55%-61.46%
Expenditure
Personnel 9,215,460 9,615,875 9,942,007 10,530,448 11,013,054 11,873,616 11,726,725 12,349,594
Commodities 357,329 341,575 330,057 348,494 362,289 378,115 378,115 412,967
Contractual 1,040,973 1,087,946 1,127,802 1,191,196 1,455,907 1,094,486 1,360,880 1,032,395
Capital 175,172 180,762 472,361 378,098 390,529 318,251 318,251 288,672
Debt Service - - - - - - - -
Transfer Out - - - - - - - -
Total Expenditure 10,788,935 11,226,157 11,872,226 12,448,235 13,221,779 13,664,468 13,783,971 14,083,628
Percent Change ----4.05%5.76%4.85%6.21%3.35%0.87%2.17%
Council Members N/A N/A N/A N/A 2.50 2.50 1.50 3.00
Percent Change FTE --------------------0.00%-40.00%100.00%
Page 101 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Blair Corning
DEPARTMENT: WWTP
DATE: January 2, 2018
SUBJECT: L/E WWTP Bar Screens Replacement Project 2018
DESCRIPTION:
L/E WWTP Bar Screens Replacement Project 2018
RECOMMENDATION:
The Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) recommends that Council
approve, by Motion, a contract for the Bar Screen Replacement Project for replacement of two
bar screens to J.R. Filanc Construction Company in the amount of $465,000. Staff also
recommends approval of a 5% change order contingency in the amount of $23,250 for a total
project cost of $488,250.
PREVIOUS COUNCIL ACTION:
Council approval of the 2018 Littleton/Englewood Wastewater Treatment Plant Budget.
SUMMARY:
The wastewater treatment plant (WWTP) utilizes a total four bar screens to remove large solids
and debris from incoming wastewater. Screening is necessary to protect downstream pumps
and equipment and allow for optimal secondary treatment. Breakdown of multiple bar screen
units carries pronounced risk of system failure, permit violations, and sewage overflow.
ANALYSIS:
The two units identified for replacement are Infilco Degremont Incorporated Type II models
originally installed in 1992. Thanks to the diligence and proactive maintenance of plant staff,
these units have been in service for more than 25 years and are beyond their designed service
life of 20 years. Both of these units have experienced accelerated problems in recent years and
in 2015 the bar screens experienced major failures which required significant repair of one of
the units. While the repair has extended the viability of one of the units, that unit has recently
malfunctioned again and evaluation of the unit indicate that additional repairs will not
significantly extend the service life of the unit. The other unit is being recommended for
replacement because it has been unreliable for continuous use. Replacement of these two
screens with newer equipment and a different technology would provide system redundancy
and reliability necessary to reduce risk of permit violations, overflow, or catastrophic plant
failure.
Page 102 of 208
The bar screen replacement project was advertised on the Rocky Mountain E-Purchasing
System (Bidnet), with the Bid Opening conducted on October 24, 2017. A total of five (5) Bids
were received. J.R. Filanc Construction Company was identified as the apparent low bidder with
a bid of $465,000. Based on our review, their bid is responsive and complete. J.R. Filanc is a
general engineering and design-build contractor with references describing a history of several
large wastewater construction projects including several projects at the L/E WWTP.
FINANCIAL IMPLICATIONS:
The proposal amount is available under the 2018 Capital Projects Budget. As part of the 2018
approved budget, $10,500,000 was allocated for Capital Improvement projects. The project
budget of $488,250 is available within this 2018 Capital Projects Budget. Previously identified
2018 projects will be reprioritized to make funding available. Costs will be shared by the Cities
of Englewood and Littleton.
ALTERNATIVES:
The project was advertised requesting bids for three alternatives. These included replacement
of one, two, or three of the four bar screens in the inflow building. Upon review of the budget,
condition assessment, life-cycle forecasting, and other contributing operational and strategic
factors, the two-replacement option is recommended by staff. The bids received for all
replacement options are listed in the bid tabulation sheet, which is included as an attachment in
this Council Communication.
CONCLUSION:
The screening process has a high criticality as well as a high consequence of failure.
Replacement of the failing and unreliable bar screens will significantly reduce the plant’s risk of
permit violations, overflows, and treatment failures.
ATTACHMENTS:
Contract
Bid Tabulation
Bid Proposal
L/E WWTP Supervisory Committee Meeting Minutes from 11.16.17
PowerPoint Presentation
Page 103 of 208
Ei??lewoodPROCUREMENTDIVISIONCOETEACT#CFCl11-40§465000THISCONTRACTandagreement,madeandenteredintothis27thdayofNovember2017.byandbetweentheCityofEnglewood,amunicipalcorporationoftheStateofColoradohereinafterreferredtoasthe'C|ty",andJ.R.FiiancConstructioncompany,Incwhoseaddressis455West115"‘Ave.suite3.Northglenn.CO80234,(“Contractor").commencingonthe27thdayofNovember.2017,andcontinuingforatleastten(10)daysthereaftertheCityadvertisedthatsealedproposalswouldbereceivedforfurnishingalllabor,tools,supplies.equipment.materialsandeverythingnecessaryandrequiredforthefollowing:PROJECT:BarScreensReplacementProject2018WHEREAS.proposalspursuanttosaidadvertisementhavebeenreceivedbytheMayorandCityCouncilandhavebeencertifiedbytheDirectorofPublicWorkstotheMayorandCityCouncilwitharecommendationthatacontractforworkbeawardedtotheabovenamedContractorwhowasthelowestreliableandresponsiblebiddertherefore,andWHEREAS,pursuanttosaidrecommendation,theContracthasbeenawardedtotheabovenamedContractorbytheMayorandCityCouncilandsaidContractorisnowwillingandabletoperformallofsaidworkInaccordancewithsaidadvertisementandhisproposal.NOWTHEREFORE.inconsiderationofthecompensationtobepaidandtheworktobeperionnedunderthiscontract.thepattiesmumaliyagreeasfollows:A.ContragDocuments:ItisagreedbythepartiesheretothatthefollowinglistofInstruments.drawingsanddocumentswhichareattachedorincorporatedbyreferenceconstituteandshallbereferredtoeitherastheContractDocumentsortheContractandallofsaidInstruments,drawings,anddocumentstakentogetherasawholeconstitutetheContractbetweenthepartiesheretoandtheyareasfullyapartofthisagreementasIftheyweresetoutverbatimandInfull:invitationToBidBidProposalFarmInsuranceScheduleAB.ScopeofWork:TheContractoragreestoandshallfurnishalllabor.tools.supplies.equipment,materialsandeverythingnecessaryforandrequiredtodo,perfon-nandcompletealltheworkdescribed.drawn,setforth,shownandincludedinsaidContractDocuments.1000EnglewoodParkway,Englewood,Colorado80110-2373(303)762-2300vvww.engIewondgov.orgareinoEatSaloon;RcptammmPage 104 of 208
C.T§nn§ofPerformance:TheContractoragreestoundertaketheperformanceoftheworkunderthisContractwithinten(10)daysfrombeingnotifiedtocommenceworkbytheDirectoratPublicWorks.D.Indemni?cation:ThecitycannotandbythisAgreementlcontractdoesnotagreetoindemnify.holdharmless.exonerateorassumethedefenseoftheContractororanyotherpersonorentity.foranypurpose.TheContractorshalldefend.indemnifyandsaveharmlesstheCity.itsofficers.agentsandemployeeslrornanyandallclaims.demands.suite.actionsorproceedingsofanykindornatureincludingWorkersCompensationclaims.inanywayresultingfromorarisingoutofthisAgreementlcontract:provided,however,thattheContractorneednotindemnifyorsaveharmlesstheCity.itsofficers.agentsandemployeesfromdamaesresultingfromthesolenegligenceoftheCity'sof?cers.agentsandEmployees.E.egntngtionofAwardforConvenience:TheCitymayterminatetheawardatanytimebygivingwrittennoticetotheContractorofsuchtemtinattonandspecifyingtheeffectivedateofsuchtermination.atleastthirty(30)daysbeforetheeffectivedateofsuchtermination.inthateventallfinishedorun?nishedservice.reports,material(a)preparedorfurnishedbytheContractoraltertheawardshall.attheoptionoftheCity.becomeitsproperty.iftheawardistenninatedbytheCityasprovidedherein.theContractorwillbepaidthatamountwhichbearsthesameratiotothetotalcompensationastheservicesactuallyperformedormaterialfurnishedbeartothetotalservices/materialsthesuccessfulfirmagreedtoperformunderthisaward.lesspaymentsofcompensationpreviouslymade.IftheawardisterminatedduetothefaultoftheContractortheclauserelatingtoterminationoftheawardforcauseshallapply.F.TerminationatAwardforCause:it.throughanycause.theContractorshallfalltotuitltiinatimelyandpropermanneritsobligationsorittheContractorshallviolateanyofthecovenants.agreementsorstipulationsoftheaward,theCityshallhavetherighttoterminatetheawardbygivingwrittennoticetotheContractorofsuchterminationandspecifyingtheeffectivedateoftermination.Inthatevent,allfurnishedorun?nishedservices.attheoptionoftheCity.becomeitsproperty,andtheConlradorshallbeentitledtoreceivejust.equitablecompensationforanysatisfactoryworkdocuments.preparedcompletedormaterialsasfurnished.Notwithstandingtheabove.theContractorshallnotberelievedoftheliabilitytotheCityfordamagessustainedbytheCitybyvirtueofbreachoftheawardbytheContractorandtheCitymaywimholdanypaymentstotheContractorforthepurposeofsetoffuntilsuchtimeastheexactamountofdamagesduetheCityfromtheContractorisdetermined.G.TermsofPayment:TheCityagreestopaytheContractorfortheperfonnanceofalltheworkrequiredunderthiscontract,andtheContractoragreestoacceptashisfullandonlycompensationtherefore.suchsumorsumsofmoneyasmaybeproperinaccordancewiththepriceorpricessetforthintheContractor'sproposalattachedandmadeaparthereof,thetotalestimatedcostthereofbeing1?gndredSixtyFiveTljousgggDogrs.[£465000).A5%retainageoftheawardedprojectamountwillbewithhelduntilfinalinspectionandacceptancebytheProjectManager.H.AggrogriationofFunds:Atpresent,£65,000hasbeenappropriatedfortheproject.NotwithstandinganythingcontainedinthisAgreementtothecontrary.thepartiesunderstandandacknowledgethateachpartyissubjecttoArticleX,§20oftheColoradoConstitution("TABOR").ThepartiesdonotintendtoviolatethetermsandrequirementsofTABORbytheexecutionofthisAgreement.ItisunderstoodandagreedthatthisAgreementdoesnotcreateamulti-?scalyeardirectorindirectdebtorobligationwithinthemeaningofTABORand,notwithstandinganythinginthisAgreement/Contract1000EnglewoodParkway.Engiewood,Colorado80110-2373(303)782-2300www.engiewoodgnv.crgcrcnuoBarsum;?npllpevmrttPage 105 of 208
tothecontrary,allpaymentobligationsoftheCityareexpresslydependentandconditioneduponthecontinuingavailabilityoffundsbeyondthetermoftheCity'scurrentfiscalperiodendinguponthenextsucceedingDecember31.FinancialobligationsoftheCitypayableafterthecurrentfiscalyeararecontingentuponfundsforthatpurposebeingappropriated.budgeted.andotherwisemadeavailableinaccordancewiththerules.regulations.andresolutionsoftheCityandapplicablelaw.Upontheiaiiuretoappropriatesuchfunds.thisAgreementshallbedeemedterminated.TheCityshallimmediatelynotifytheContractororitsassigneeofsuchoccurrenceintheeventofsuchtermination.i.LlguldatgdDamages:TheCityandContractorrecognizethattimeisoitheessenceinthisAgreementbecauseofthepublicinterestinhealthandsafely.andthattheCitywillsufier?nancialloss.andinconvenience.iftheWorkisnotcompletewithinthetimespeci?edinthebiddocuments.plusanyextensionsthereofallowedinaccordancewiththeGeneralConditions.Theyalsorecognizethedelays.expenseanddifficultiesInvolvedinproving.inalegalproceeding.theactuallosssufferedbytheCityiftheWorkisnotcompleteontime.Accordingly.insteadofrequiringanysuchproof,theCityandContractoragreethatasliquidateddamagesfordelay.butnotasapenalty,ContractorshallpaytheCity$0.00foreachdaythatexpiresatterthetimespeci?edforsubstantialcompletionuntiltheWorkiscomplete,and$0.00foreachdaythatexpiresalterthetimespeci?edfor?nalcompletionuntiltheWorkisfinallycomplete.J.Assignment:Contractorshallnot,atanytime.assignanyinterestinthisAgreementortheotherContractDocumentstoanypersonorentitywithoutthepriorwrittenconsentoftheCityspeci?callyincluding,butwithoutlimitation.moneysthatmybecomedueandmoneysthatareduemaynotbeassignedwithoutsuchconsent(excepttotheextentthattheeffectofthisrestrictionmaybelimitedbylaw).Anyattemptedassignmentwhichisnotincompliancewiththetermshereofshallbenullandvoid.Unlessspeci?callystatedtothecontraryinanywrittenconsenttoanAssignment.noAssignmentwillreleaseordischargetheAssignorfromanydutyorresponsibilityundertheContractDocuments.K.ContractBinding:itisagreedthatthisContractshallbebindingonandinuretothebene?tofthepartieshereto.theirheirs,executors,administrators,assigns,andsuccessors.L.8153;Statute:Iithlsprojectisforapublicworksprojectorpublicproject,asdefinedinSectionB-49-102(2)C.R.S.thecontractorshallcomplywim8-17-101C.R.S.whichrequiresthecontractortouseatleasteightypercent(80%)Coloradolaborforanypublicworksproject?nancedinawholeorinpartbyState.counties.schooldistricts.ormunicipalmonies.M.Contractogguarantee:TheContractorshallguaranteethatworkandassociatedlncidentaisshallremainingoodorderandrepairforaperiodofone(1)yearfromallcausesarisingfromdefectiveworkmanshipandmaterials.andtomakeallrepairsarisingfromsaidcausesduringsuchperiodwithoutfurthercompensation.Thedeterminationofthenecessitytortherepairorreplacementofsaidproject,andassociatedlncidentaisoranyportionthereof.shallrestentirelywiththeDirectorofPublicWorkswhosedecisionuponthemattershallbe?nalandobligatoryupontheContractor.IODDEngtewoodParkway.Englewood.Colorado80110-2373(303)762-2300www.engiswoodgov.orgcan.useanSunn]RldlttmnhlPage 106 of 208
VERIFICATIONOFCOMPLIANCEWITHC.R.S.B-17.5-101ET.SEQ.REGARDINGHIRINGOFILLEGALALIENS(a)Employees,contractorsandSubcontractors:ContractorshallnotknowinglyemployorcontractwithanillegalalientoperformworkunderthisContract.ContractorshallnotcontractwithasubcontractorthatfallstocertltytotheContractorthatthesubcontractorvvliinotknowinglyemployorcontractwithanillegalalientoperfonnworkunderthisContract.[CRS8-17.5-102(2)(a)(l)8.(II).](ta)Veri?cation:ContractorwillparticipateineithertheE-VerifyprogramormaDepartmentprogram,asde?nedinC.R.S.8~17.5—101(3.3)and8-17.5-101(3.7)respectively.inordertocon?rmtheemploymenteligibilityofallemployeeswhoarenewlyhiredtoremploymenttoperformworkunderthispubliccontract.ContractorisprohibitedfromusingtheE-VerityprogramortheDepartmentprogramprocedurestoundertakepre-employmentscreeningofjobapplicantswhilethiscontractisbeingperformed.(c)DutytoTerminateaSubcontract:ItContractorobtainsactualknowledgethatasubcontractorperformingworkunderthisContractknowinglyemploysorcontractswithanIllegalalien,theContractorshall:(1)notifythesubcontractorandtheCitywithinthreedaysthattheContractorhasactualknowledgemetmesubcontractorisemployingorcontractingwithanillegalalien;and(2)terminatethesub-contractwiththesubcontractorif.withinthreedaysofreceivingnoticerequiredpursuanttothisparagraphthesubcontractordoesnotstopemployingorcontractingwiththeillegalalien;exceptthattheContractorshallnottennlnatethecontractwiththesubcontractoritduringsuchthreedaysthesubcontractorprovidesInformationtoestablishthatthesubcontractorhasnotknowinglyemployedorcontractedwiththeillegalalien.(d)DutytocomplywithStateInvestigation:ContractorshallcomplywithanyreasonablerequestattheColoradoDepartmentatLaborandEmploymentmadeinthecourseofanInvestigationbythattheDepartmentisundertakingpursuanttoC.R.S.a-175-102(5).(e)DamagestorBreachofcontract:TheCitymayterminatethiscontractforabreachofcontract,Inwholeorinpart,duetoContractor'sbreachofanysectionofthisparagraphorprovisionsrequiredpursuanttoC.R.S.B-17.5-102.ContractorshallbeliableforactualandconsequentialdamagestotheCityinadditiontoanyotherlegalorequitableremedytheCitymaybeentitledtoforabreachofthisContractunderthisParagraph.1000EngtewoooParkway.Englewood.Coiorado80110-2373(303)732-2300www.englewoedgov.orgcrmt-soanStl??tlnepinmuntPage 107 of 208
INWITNESSWHEREOF.thepanlesheretohaveexecutedthisContractthedayandyearilrstwrmenabnvs.CITYOFENGLEWOODBy:Dale:(Director)By:Date:(CityManager)By:Dale:(Mayor)ATTEST:CllyClerkro,,rmo.BI'11(S|gn2Ilure)(TBa‘‘Li‘a/0'7?mo0.HESSgxce;€._£esu?aJ‘\’rPrintnameandTllle)1000EnglewoodParkway.EnglewnodrColoradn8D11U-Z373(303)762-2300www.eng|ewnndgov.orgevenmyInsum:RnnllammnlPage 108 of 208
SCHEDULEAOUTLINEOFSTATEMENTOFWORK1.GENERALLiiileton/EnglewoodWasiewaterTreatmentPlantandJR.FilancConstructionCompany.inc.455W.115thAveSuite3Norihgienn.CO30234'whiltaker@flIanc.com2,NAMESOFPROJECTCOORDINATORLIEWWTP:GunterRllter.P.E..i.R.FiiancConsuuctionCompany.Inc:JustinWhittaker3.SUMMARYOFPURPOSEFORSTATEMENTOFWORKThisPlant"BarScreensReplacementProject2018"entailsrepair,replacementorremovalofbarscreenasperthefollowingworktask:-HeadworksBarScreen2and3(SCN—01-202+SCN-O1-203)replacementThisPlant“BarScreensReplacementProject2018"includesallnecessarydemolitionandremovalofexistingequipmentandmaterial,designandconstructionofnewequipmentincludinganyinstallationdevices.powersupply,SCADAconnectivityaswellasbypasspumpingasneeded.installationoi‘newequipment.andtestingandcommissioningofnewequipment.1000EnalewooriParkway.Engiewow.Colorado80110-2373(303)762-2300www.engIewoodgov.nrgcrcuuouavsownla?lwnuilPage 109 of 208
4‘EQUIPMENTANDPROGRAMMINGTOBEPROVIDEDBYCITY(IFANY)NA5.OTHERCONTRACTORRESOURCESNA6.DESCRIPTIONOFWORKPRODUCTANDDELIVERABLESPerformreplacementofBarScreen2and3(SCN-01-202+SCN-01-203)assped?edincludingpowersupplyandSCADAconnectivityasneededforfullremoteoperationoftheequipment.PerformSCADAlogicprogrammingimplementationtoplantSCADAIHMIsystemforthenewlyinstalledherscreen.ThelogictobesameasfortheexistingBarScreenSCN-01-201.TheContractormustsupplyalldesignasneededforthenewinstallations.replacements.orremovalofgatestomeetIBC.Ratertotechnicalspecifications.7.SPECIALTERMS,IFANYNA3.MODEOFPAYMENTCheck9.PAYMENTSCHEDULECitywillpayContractorfortheworkinaccordancewiththelollowlnpaymentschedule.AllpaymentstoContractorarecontingentonContractor'ssatisfyingtheDeiiverat-iIesIMiIestonessetlorthinthePaymentSchedule.PaymentsshallbemadeuponCity'swrittencon?rmationtoContractorthattheDeliverables-Milestoneshavebeensatis?ed.Monthlypaymentsreflectingworkprogression.1000EnglewoadParkway.Englewnod.Coloradoam10-2373(303)762-2300wwmengiawondgtwiorgcrmmnanScrumRlptlzzrmntPage 110 of 208
10‘SCHEDULEANDPERFORMANCEMILESTONESThlsschedulesetsformetargetdatesandperformancemilestonestorthepreparatlonanddellveryattheDeliverablesbyContractor.Startwox1<ASAPafterNotloetoProceed.Workcompletionin2018.11.ACCEPTANCEANDTESTINGPROCEDURESAcceptanceIsbyL/EWWTPEngineeringDepartment12.LOCATIONOFWORKFACILITIESLIEWWTPINWITNESSWHEREOF,pursuantandinaccordancewiththeProlessionalServicesAgreementbetweenthepartiesheretodated.20_,thepartieshaveexecutedthisStatementofWorkasofthisdayof20CITYOFENGLEWOOD.COLORADOBy:(Signature)(PrintName)Tltle:Date:1000EnglewcodParkway.Englawnod.Colorado80110-2373(303)762-2300www.engIewaodgov.orqcruruoeavsumsnuuuwuuPage 111 of 208
.mcContractorNameBy:(Signalure)J.“5(PrintName)Title:SWumuEnglewundParkway,Englawood,Colorado50110-2373(303)152-2300www.englawoodgav.orgcrmuuBivShun)RluiiwmumPage 112 of 208
City of Englewood Bid Tabulation Sheet
Bid Opening Date: October 24, 2017 2:30 PM MDT Apparent Low Bidder
ITEM BID: ITB-17-022 Bar Screens Replacement Project
Vendor
Bid Bond
Y/N
Addendum 1
& 2 Y/N SOQ Y/N Bar Screen 2 Bar Screen 2 & 3 Bar Screen 2 , 3 & 1
J.R. Filanc Construction Company Y Y Y $259,000 $465,000 $625,000
455 W. 115th Avenue, Suite 3
Northglenn, CO 80234
303-376-6337
Stanek Constructors, Inc Y Y Y $290,000 $533,000 $740,000
651 Corporate Circle, Suite 108
Golden, CO 80401
303-980-8233 # 446
Glacier Construction Co,Y Y Y $317,000 $492,000 $617,000
5460 South Quebec Street
Greenwood Village, CO 80111
303-221-5383
Velocity Constructors, Inc Y Y Y $366,557 $$605,222 $789,352
1330 South Cherokee Street
Denver, CO 80223
303-984-7800
RN Civil Construction, LLC Y Y Y $291,000 $522,000 $$702,000
5957 S. Quebec Street
Centennial, CO 80111
303-482-3059
Page 113 of 208
COPYITB-17-022BarScreensReplacementProject2018BIDPROPOSALFORMNameofContractor.J.R.FilancConstructionCompany.lnc.Datezoctober24,2017BidAlternativeItemsBidPriceHcadworksBarScreen2replacement$959’0O0ReceiptofAddendaNos.110118117‘210[19g17isherebyacknowledged.TOTALAOUNTOFBIDvoL1.z¢u0(/:9‘?irt,mm‘|"L\?d.§o..z«t>Ja/a//.3/512-6/a(¢s—UI($.9§?ago)BarScreensReplacementProject2018ThisContractwillbeawardedtothelowestreliable,responsiveandresponsiblebidder.Thisoffershallbeopentoacceptanceandisirrevocableforninety(90)daysfromthebidclosingdate.Theundersignedbidderherebyagreestobereadyandtoappearattheof?oeoftheDepartment.ofUEWastewaterTreatmentPlant,toexecutetheattachedformofContiactinconfom-iityofthisbidandalsotohavereadyandfurnishtherequiredbondinthesumofthefullamountofthisproposal,executedbyasuretycompanyacceptabletotheCityofEnglewood,atanytimewithinten(10)daysfromthedateofawrittennoticefromtheDirectorofLIEWastewaterTreatmentPlanttodoso,mailedtotheaddresshereina?ergiven.ThisProposalismadewithoutanyconnectionwithanyotherpersons,?m1s,orcorporationsmakinganyotherbidforthissameworkandisinallrespectsfairandwithoutcollusionorfraud.TheUnderslgnedBidderacknowledgestherightoftheCitytorejectanyorallbidssubmittedandtowaiveinforrnalitiestherein.I000EnglewoodParkway,Englewuod,Colorado80110-2373(303)762-2412Fax(303)783-6951wwwxnglewnodgovcorgPage 114 of 208
DatedatEscondidoCAthis24thdayofOctober.2017SignatureofBidder:Ifanindividual:doingbusinessasIfapartnership:By:memberof?rmcorporationDavidJ.Kiess,VicPreslidentBusinessaddress,nameandphonenumberofBidder:.l.R.FilancConstructionCompany,Inc.(760)941-7130740N.AndreasenDriveEscondidoCA92029ThenameandlocationofthelastworkofthiskindhereincontemplateduponwhichBidderwasengagedisasfollow:LEW\NTPGeRairndRIcametandBarSI:reenRlacernentPrefect2017LittletonEnalewoodWBSISWEISFTreatmentPlantForinformationrelativeheretopleasereferto:NameJustinWhittakerTitleRegionalGeneralManagerAddress455W.115thAvenueSuite3NorthlzlennCO802341000EnglcwoodParkway,Englcwood,Colorado30110-2373(303)762-24l2Fax(303)783-6951www.cnglcwoodgov.orgNPage 115 of 208
ITB-17-022BarScreensReplacementProject2018BIDPROPOSALFORMNameofContractor:J.R.FilancConstructionComnanvInc.Datezoctcber242017BidAlternativeItemsBidPriceHeadwcrksBarScreen.2and3replacement1542,S000ReceiptofAddendaNos.110[18(17‘210(19(:l.7isherebyacknowledgedTOTAMOUNTOFBID‘wt’\~u.«J-“'0;S\X—l~1(lingJr-’\»\oJ.3o~y.o1delta/5"RFDC-L-4-5(54&2.“DOG)BarScreensReplacementProject2018ThisContractwillbeawardedtothelowestreliable,responsiveandresponsiblebidder.Thisoffershallbeopentoacceptanceandisirrevocableforninety(90)daysfromthebiddosingdate.TheundersignedbidderherebyagreestobereadyandtoappearattheofficeoftheDepartment,ofL/EWastewaterTreatmentPlant,toexecutetheattachedformofContractinconfonnityofthisbidandalsotohavereadyandfurnishtherequiredbondinthesumofthefullamountofthisproposal.executedbyasuretycompanyacceptabletotheCityofEnglewood,atanytimewithinten(10)daysfromthedateofawrittennoticefromtheDirectorofLIEWastewaterTreatmentPlanttodoso,mailedtotheaddresshereinaftergiven.ThisProposalismadewithoutanyconnectionwithanyotherpersons,lin'ns,orcorporationsmakinganyotherbidforthissameworkandisinallrespectsfairandwithoutcollusionorfraud.TheUnderslgnedBidderacknowledgestherightoftheCitytorejectanyorallbidssubmittedandtowaiveinformalitiestherein.DatedatEscondidoCAthis24thdayofOctober.20171000EnglcwoodParkway,Englewood,ColoradoEOI|0~2373(303)762»2412Fax(303)783-6951www.englewoodgov,orgPage 116 of 208
SignatureofBidder:Ifanindividual:doingbusinessasIfapartnership:By:memberof?rmIfacorporation:J.R.FilancConstructionCompanyInc.al\CaIifor"iacorporation'DavidJ.Kiess,\{i'éePrsidentBusinessaddress,nameandphonenumberofBidder:J.R.FilancConstructionCompanvInc.(76Q941-7130740N.AndreasenDriveEscondidoCA92029ThenameandlocationofthelastworkofthiskindhereincontemplateduponwhichBidderwasengagedisasfollow:L/EWWTPGatesRepairsandReolacementandBarScreenReolacementProiect(2017)LittletonEnalewoodWastewaterTreatmentPlantForinformationrelativeheretopleasereferto:NameJustinWhittakerTitleRegionalGeneralManagerAddress455W.115thAvenue.Suite3NorthzlennCO802341000EnglewoodParkway,Englcwood,Colorado30110-2373(303)762-2412Fax(303)783-6951wwwenglewnndgovnrgPage 117 of 208
ITE-17-022BarScreensReplacementProject2018BIDPROPOSALFORMNameofContractor:J.R.FilancConstructionCompanyInc.Datezoctober242017BillAlternativeItemsBidPriceHeadworksBarScreen2and3and1replacement3l,95,OO0ReceiptolAddendaNos.110(18(17'2)1og19g17isherebyacknowledged.TOTALAMOUNTOFBIDSIX\/M1atranl-I,.2(‘AIr/~-/5'5Q14)(-ILl~ti(395.0oDIBarScreensReplacementProject2018ThisContractwillbeawardedtothelowestreliable,responsiveandresponsiblebidder.Thisoffershallbeopentoacceptanceandisirrevocableforninety(90)daysfromthebidclosingdate.Theundersignedbidderherebyagreestobereadyandtoappearattheo?iceoftheDepartment,ofIJEWastewaterTreatmentPlant,toexecutetheattachedformofContractinconfonnityofthisbidandalsotohavereadyandfumishtherequiredbondinthesumofthefullamountofthisproposal,executedbyasuretycompanyacceptabletotheCityofEnglewood,atanytimewithinten(10)daysfromthedateofawrittennoticefromtheDirectorofUEWastewaterTreatmentPlanttodoso,mailedtotheaddresshereinaftergiven.ThisProposalismadewithoutanyconnectionwithanyotherpersons,?rms,orcorporationsmakinganyotherbidforthissameworkandisinallrespectsfairandwithoutcollusionorfraud.TheUndersignedBidderacknowledgestherightoftheCitytorejectanyorallbidssubmittedandtowaiveinfarmaliiiestherein.DatedatEscondidoQAthis24thdayofOctober2017I000EnglcwoodParkway,Englcwood,Colorado80110-2373(303)762-2412Fax(303)783-6951www.cnglewoodgov.nrg.-xPage 118 of 208
SignatureofBidder:Ifanindividual:doingbusinessasIfapartnership:By:memberof?rmIfacorporation:J.R.FilancConstructionCompanyInc.aCBy:DavidJ.Kiess,Vide‘PreseentrniacorporationBusinessaddress,nameandphonenumberofBidder:nQQm1>.auL._Lns(76$2L9A1.~_ZL30740N.AndreasenDriveEscondidoCA92029ThenameandlocationofthelastworkofthiskindhereincontemplateduponwhichBidderwasengagedisasfollow:L/EWWTPGatesRepairsandReplacementandBarScreenReplacementProject(2017)LittletonEnizlewoodWastewaterTreatmentPlantForinformationrelativeheretopleasereferto:NameJustinWhittakerTitleRegionalGeneralManagerAddress455W.115thAvenue,Suite3,Northglenn,CO802341000EnglcwuodParkway,Englewood,Colorado80110-2373(303)762-2412Fax(303)783-6951www.englewoudgov.urgPage 119 of 208
AIADocument310-2010BidBondCONTRACIOR(Name,legalstatusandnddt'=s!)'SURETY(Name,legalstatusandprincipalplaceofbusiness):J.R.FllancConstmctionCompanyInc.FldalltyandDepositCompanyatMaryland140N_AndmasenDrive12Q9Zi.ittc7IWay,5thFloorEsoondldo,CA92029Schaunitaurg.lL60196OWNER(Name.legalstatusandaddress):cityatEnglawoodwooEnglewoodParkwayEnglewood,CO30110BondAmount:Fivagarment5%DithetotalamountbidPROJECT;(mine,locationL‘ll'address,andProjcctnumber,ifuny):BarScreensReplacementmac:zuteBidNoITB-t7—D22TheContractorandSuretyareboundtotheOwnerintheamountsetforthnhove,forthepaymentofwhichtheContniclorandSuretyhindthemselves,theirheirs,executors,ndministratnrs,successorsandassigns,jointlyandseverally.asprovidedherein.TheconditionsnfthisBondnresuchthatiftheOwneracceptsthebidofuheContractorwithinthetimespeci?edinthebiddocuments,orwithinsuchtimeperiodasmybeagreedtobytheownerandcnnimntnr,landtheContractoreither(1)entersintoacontractwiththeOwnerinaccordancewiththetcnnsufsuchbid,andgivessuchbondorbondsasmaybespeci?edinthebiddingorContractDocuments.withastlmtyndniituedinthejurisdictionnrtheProjectnndotherwisencceptahh:totheOwner,forthereidtrntperfornmncenrsnehCuntrnctandtn:thepromptpaymentofluborandmalaria]t'u.i-nislicdintheprosecutiontheienr;at(2)playstotheOwnerthedifference,nottoexceedtheamountofthisBond,betweentheamountspeci?edinmidbidandsuchlnrgernrnuuntforwhichtheOwnermayingoodfaithcontractwit.hanotherpartytoperformtheworkcoveredhysaidhid,thenthisobligationshallbenullandvoid,otherwiseintemnininfullromeande?rect.TheSuretyherehywnivesanynoticeofnnagreementbetweentheownerandCnnh-ucturtoextendthetimeinwhichtheowe:mayacceptthebidWaiverornntieebytheSuretyshnunotnppiytomyextensionexceedingsixty(60)daysintlienggecguteheyond?u:timeforacceptancenrhidsspecitiedinthebiddocuments,andtheOwnerandContractorsheiiohtninthesntczysconsentforsnextensionbeyondsixty(60)days.IfthisBondisissuedinconnectionwithnsuhcontnlctnfsbidtoaContractor.thetennCoutn-actorinthisBondshallbedeemedtoheSubcontractorandthetermOwnershallbedeemedbytheContractor.WhenthisBandhasbeenfurnishedtucomplywithastatutoryatmile!legalrequirementinthelocntionoftheProject,enyprovisioninthisBondcoullictingwithsaidstntuioryatlegalrequirementshallbedeemeddeletedhcrcframandprovisionscuutarmingtosuchstatutoryorotheriegnirequirementshnttbedeemedincorporatedherein.Whensoruenished,theintentisthatthisBondshrillhennsnuedasastatutoryhandonnotus.commonlawbond.i‘ednndsenit.h'tsmdofOctober2017(Witness)’‘(Seal)(Witness)“_(Seal)(SuretyMadaHallmark,AccountManager(Te)Bacon,AtlomaFactLanguageconfnn-nstoNADocumentA310BidBondnrD7immu03lIfPage 120 of 208
CALIFORNIAALL-PURPOSEACKNOWLEDGMENTCIVILcone§1159Anotarypublicorotherof?cercompletingthiscertilicateveri?esonlytheidentityattheindividualwhosignedthedocumenttowhichthiscerti?cateisattached,andnotthetruthfulness,accuracy,orvalidityofthatdocument.StateofCalifornia4Countyof53“D15900,,October19,2017hememe,DianaKaiMurphy,NotaryPublic(insertnameandtitleoftheof?cer)personallyappearedTara3300",whoprovedtomeonthebasisofsatisfactoryevidencetobetheperson(s)whosename(s)is/aresubscribedtothewithininstrumentandacknowledgedtomethathe/she/theyexecutedthesameinhis/her/theirauthorizedcapacity(ies),andthatbyhis/her/theirsignature(s)ontheinstrumenttheperson(s),ortheentityuponbehalfofwhichtheperson(s)acted,executedtheinstrument.IcertifyunderPENALTYOFPERJURYunderthelawsoftheStateofCaliforniathattheforegoingparagraphistrueandcorrect.DIRNAKAIMURPHYNotaryPuhtlc-calltumlaSanDiegoCountyCommissionIt2158075MyCommExpiresJun25,ZUZDWITNESSmyhandandf?cialsea.Page 121 of 208
ZURICHAMERICANINSURANCECOMPANYCOLONIALAMERICANCASUALTYANDSURETYCOMPANYFIDELITYANDDEPOSITCOMPANYOFMARYLANDPOWEROFATTORNEYKNOWALLMENEYTHESEPRESENTS:ThaimeZURICHAMERICANINSURANCECOMPANY,ncnrpomlionpriiiesrnreurNewYork.meCOLONIALAMERICANCASUALTYANDSUR|:‘l'YCDMPANY,acorpnralionorriieS|alenfMaryl:IIId.andmeFIDELITYANDDEPOSITCOMPANYOFMARYLANDacorpnmlionnflhcS|n|I:niMzuyland(iiereinmlleclivelyeniiedIhc"Companies"),byGERALDF.HALEY,vieel’r¢siIicnt,inpursuanceDfaulhuriiygrantedbyArliclev,Scclion8.ciflheEy-LawsofsaidCnmpzniizs,whicham5:!ram.allwereversesideiiereorandareherebyceninerilubeinfullforceanderreeinnuiedaleIlcrcuf,duherebynominale.eensriruie.andnppninlBradleyR.ORR,DuieG.HARSHAW,TarnBACON,KyleKING,JohnQUALINunaMinnuHUOVILA,allursunDiego,cniirnrniu,EACHilsiruennrilawfulugeniandAllomey-in-Fncl,inmakc,cxcculc,sea:anddeiiver.for.andunilsbehnlfnssurely.andasitsnetanddeed:anynnaallbondsuniinnrierinkings,andmeexecuiiunofsunhbandsorundtrlnkingsinpursuanceamiesepresems,shallbeasbindinguponsaidCurnpanies,asIuiiyandurnpiy,toallirnenisandpurpuscs.usiftheyhadbeendulyexeeuredandacknnwledgedbymercgulnrlyeieeiu-iinrrieersDimeZURICHAMERICANINSURANCECOMPANYillirsofficeinNewYork.NewYork,iiieregularlyeiecierinrncersufiiieCOLONIALAMERICANCASUALTYANDSURETYCDMPANYEllilsomceinOwing5Mins,MarylzIIId.,andareregularlyclcclcdof?cersurineFIDELITYANDDEPOSITCOMPANYOFMARYLANDLIIirsnf?ceinOwingsMills.Muryinnri,inlheirownpmpcrpcrsons.ThusaidVicePresidentdoesherebycenifythat(I!!!exlrlclsetIOI'lI\anIIIEreversesidehcrcofisiiWecupycifArticleV,SectionE,ofmeBy-LawsofsaidCnmpanies.andisnowinfDrI:::,INWITNESSWHEREOF,mesaidVice»PresidenIhash=rcunLosubscribedIlis/Ilernamesnndaf?xndtheCurpnrnleSI-:rIIsofthesaidZURICHAMERICANINSURANCECOMPANY,COLONIALAMERICANCASUALTYANDSURETYCOMPANY,andFIDELITYANDDEPOSITCOMPANYOFMARYLAND,[hisl3lhdayDIDecember,AD.2016.ATTEST:ZURICHAMERICANINSURANCECOMPANYCOLONIALAMERICANCASUALTYANDSURETYCOMPANYFIDELITYANDDEPOSITCOMPANYOFMARYLANII3!!5¢€'€"WVin:I’r::I'd:IIIMiclmelMcKI'bbeIIGeraldF.HaleyStalenrMnryinndCountyofBaltimoreOnthisISIJIzlnyUID=I::rIIbcr,A.D.ZDIG.baron:mesubscriber,IINumryPublicDIIIIESmleDfmnrylnnd,dillycummissiuncdandquali?ed,GERALDP.IIALEY,VicePnsideni,nndMICHAELMCKIBBEN,seeruuu-y.urriieCompanies.(0mepersonallyknown|ob:areindividualsundameersdescribedinnndwhoIzxccutcdareprecedinginsirurnenr,andnckxxowlcdgcdIII:nxeculionDIsnmc,andbeingnymedulyswam,uepuseinunrisnirn,urniwsiieismesaiduriieernrmeCompanynrniesuia,andum!IIIL:scnlsnl?xcd|rIiiiepreeuiingxnslrulllcnlMI:riiecurpurnieS=:IlsofsumCnmpmiiu,andrnuimesaidCaxponneSealsurniriiesigIIAIun:ussneiinrncerweredulyaf?xulunusunscrineninmesaidinslmmcnlbymeIlulhunlyandniieeiinnUI'II|I:saidCorpcmlions.INTESTIMONYWHEREOF.1IIII\:h=rI:IIIIIoscimyhandandnf?xedmyOf?rialSci-IlIII:daynndyear?rslabovewrinen.MnrinD.AdMl1sI:I.NotaryPublicMyCcmmiislanExpires:July842019FDA-F012-92440Page 122 of 208
SUPERVISORY COMMITTEE MEETING
MINUTES
November 16, 2017
9:00 am
ATTENDING: Supervisory Committee:
Dave Henderson Englewood Public Works Director
Eric Keck Englewood City Manager
Keith Reester Acting Littleton Public Works Director
Mark Relph Littleton City Manager
Staff:
Kacie Allard Communications & Data Supervisor
Tom Brennan Englewood Utilities Director
Kurt Carson Deputy Dir. of Operations & Maintenance Solutions
Blair Corning Deputy Dir. of Strategic Programs
Dan DeLaughter Applied Data & Policy Engagement Programs Mgr.
Jenifer Doane Deputy Dir. of Business Admin. & Communications
Cindy Goodburn Assistant Culture and Performance Program Mgr.
John Kuosman L/E WWTP Director
Alison McKinney Brown Englewood City Attorney
David Robbins Hill & Robbins, Plant Attorney
Jim Tallent Strategic Workforce Advisor
Brenda Varner Government Relations Specialist
GUESTS: Cynthia Lane Platte Canyon Water & Sant. District, Asst. Mgr.
I. Introduction
John Kuosman, Littleton/Englewood Wastewater Treatment Plant (L/E WWTP) Director,
initiated the November Supervisory Committee (Committee) meeting. The October
Committee meeting minutes were approved via email on November 9, 2017.
The measured flow to the L/E WWTP averaged 21.3 MGD in October 2017, which is an
increase of 0.7 MGD from September 2017. The measured flow split was 42.7% and 57.3%
between the cities of Littleton and Englewood, respectively.
Page 123 of 208
MINUTES
SUPERVISORY COMMITTEE MEETING
November 16, 2017
Page 2 of 7
II. Action Item
Barscreen Replacement Project
Blair Corning discussed the L/E WWTP Barscreen Replacement Project with the Committee.
After staff completed a risk assessment of the two 25-year old Infilco Degremont
Incorporated (IDI) Type II units, they recommend replacement. Staff advertised the work on
the Rocky Mountain E-Purchasing System (Bidnet), and received five (5) bids. J.R. Filanc
Construction Company was identified as the low bidder. Staff recommends moving forward
with the replacement of the two IDI barscreens, for $465,000, with a 5% change order
contingency for $23,250 for a total project cost of $488,250.
Blair discussed how the barscreens are a critical part of the wastewater treatment plant
(WWTP) process and how they have a high consequence of failure. Replacement of the
failing and unreliable bar screens will significantly reduce the plant’s risk of permit
violations, overflows, and treatment failures. Blair highlighted how the replacement
barscreens will be manufactured by Duperon, so all four barscreens will be manufactured
from the same company. This will significantly help with future preventive maintenance.
ACTION TAKEN – The Supervisory Committee approved L/E WWTP’s staff
recommendation to move forward with a contract with J.R. Filanc Construction
Company, for the Barscreen Replacement Project, in the amount of $465,000, with a
5% change order contingency in the amount of $23,250 for a total project cost of
$488,250. Mark Relph moved, Eric Keck seconded, all ayes, no nays. The L/E WWTP
staff plans to present this project to the Englewood City Council for consideration in
January 2018.
III. Business Group Spotlights & Informational Items
Business, Administrative and Communications Spotlight:
New Onboarding Program:
Jenifer Doane introduced a new Onboarding Program that the L/E WWTP Community
Outreach and Education team has been creating and developing. The goal of this program
is to increase the effectiveness of the employee, their job satisfaction and overall
employee retention rate. In addition, it will help to realize increased productivity from the
employee’s first day on the job, build loyalty and engagement and ensure the employee
clearly understands organizational expectations. L/E WWTP does not anticipate any
additional costs for this new program as we are utilizing existing staff and allocated
resources for onboarding.
Page 124 of 208
MINUTES
SUPERVISORY COMMITTEE MEETING
November 16, 2017
Page 3 of 7
Website Project Introduction:
Jenifer Doane introduced a new project that will focus on creating a more responsive
website for the wastewater treatment plant (WWTP). The new website will play a key
role in the rollout of the WWTP’s new branding, mission, vision and values. Through a
modern design, educational videos and updated content, the WWTP’s stakeholders and
policy makers will learn the important role the WWTP plays in the stewardship of natural
resources and sustaining a vital community. It will also serve as a primary
communication channel for the enterprise for external and internal communications. This
new website will be focused with the end-user in mind and will be easily accessible via
mobile device. John Kuosman added that this platform will be an essential tool to
communicate our organization’s story and the cost implications of future regulatory
compliance.
Branding Update:
Jenifer Doane discussed the recommendation to adopt the proposed name – South Platte
Water Renewal Partners (SPWRP) – for the wastewater enterprise. The name signifies to
our stakeholders, especially the public and policy makers the important role we play in
the stewardship of our natural resources and sustaining a vital community. The new name
will also open the door to critical conversations with upstream and downstream partners
and stakeholders.
Focusing on the South Platte is an opportunity to publicly honor the two Cities’ positive
community service to the entire Front Range and South Platte River Basin. We believe
the name fully honors the two Cities’ 40+ years of leadership and stewardship of the
South Platte River. With that said, we do believe that having the tagline “Serving
Littleton, Englewood and Beyond” helps tie the previous name and logo to the new name
and logo.
Jenifer asked for a formal recommendation from the Committee to establish a branding
rollout schedule. Mark Relph asked staff for additional time to inform council members.
The Committee suggested having the WWTP’s staff meet with each council individually
in January 2018. David Robbins clarified that the enterprise’s ownership and governance
would not change with a name change. Legally the two cities will remain owners of the
enterprise. The Committee asked staff to summarize the branding direction presented
today in memo form, so the City Managers could distribute to their individual councils.
Page 125 of 208
MINUTES
SUPERVISORY COMMITTEE MEETING
November 16, 2017
Page 4 of 7
Operations and Maintenance Spotlight:
Denitrification Filter Study:
Kurt Carson discussed the Denitrification Filter Study with the Committee. This study
will allow the WWTP staff the opportunity to set up our strategy to successfully achieve
compliance with new lower Total Inorganic Nitrogen (TIN) effluent limits in the coming
years. The study will focus on evaluating the nitrogen removal efficiency of existing
denitrification filters and determining the year-round operating cost and performance
data. The denitrification filter study will allow us to gather the site-specific information
needed to evaluate the business case for alternative operations strategies moving forward.
This study is one of the initial steps in the L/E WWTP’s Strategic Operating Plan (SOP).
In order to achieve compliance with the plant’s previous TIN discharge limits, only about
half of the WWTP’s eight denitrification filters were needed to operate, and they only
operated for about half of the year. Under our recently issued permit, it is anticipated that
all of the WWTP’s denitrification filters will need to be operated year-round, at full
capacity.
The Regulation 85 Incentive Program was recently adopted by the Colorado Water
Quality Control Commission. The program was established to grant extended permit
compliance schedules to wastewater treatment facilities that achieve voluntary nutrient
reductions below the Regulation 85 requirements at their facilities over the next ten years
(2018-2027). Through the Denitrification Study, the WWTP aims to take advantage of
possible TIN credits under the Regulation 85 Incentive Program.
Apprentice Operator Training Program:
Kurt Carson introduced the new Apprentice Operator Training Program. Within the
Operations workgroup, we are at convergence of widespread workforce retirements and a
growing recognition that we need to train new hires to be “Operators of the Future”. This
realization stresses the importance for the rapid development of programs to accelerate
and improve the quality of the training experience for new operators and to capture as
much institutional knowledge from our retiring experts as possible.
The WWTP is developing approaches and programs to enable all new hires and existing
plant operators the opportunity to consistently gain the skills and knowledge to facilitate
holistic decision-making, beyond compliance approaches, and resource recovery and
nutrient management.
Page 126 of 208
Page 127 of 208
Page 128 of 208
Page 129 of 208
Bar Screens
Replacement Project
at L/E WWTP
Page 130 of 208
Bar Screens
•Remove large solids
and debris
•Protects downstream
pumps
•Allows optimal primary
treatment
•Important for plant
operation
Page 131 of 208
Bar Screen at Work
Page 132 of 208
Replacement of 2 of 4 bar screens
•More than 25 years old
and past design service
life
•Units have experienced
problems. Aren’t
reliable
•Replace with units
matching other two Page 133 of 208
Bids Solicited
•Bidnet on Oct. 24th
•5 bids received
•J.R. Filanc was low bid
at $465,000.
•Good history in
wastewater and with
plant
Page 134 of 208
•Asking for Approval of $488,250 (bid + 5%)
•Costs will be shared by Cities of Littleton
and Englewood
Page 135 of 208
Budget
•Project budget of
$488,250 is
available within
2018 Capital
Projects Budget
Page 136 of 208
10 Exterior Repairs
Project 2018
Exterior coatings, P/P,
caulking. Bldgs 1, 4, 5, 10,
MH-12, TF-1, TF-2, TFPS.
350,000
11 SCT Gates Repair Existing slide gates
replacement.
100,000
12 Solids Contact Tank
Drain Line
Replacement Project
Existing piping deteriorated
100,000
Projects will be reprioritized to make
funds available within 2018 budget.
Reprioritization
Page 137 of 208
•Screening process has
high criticality due to its
condition and high
consequence of failure
•Replacement reduces
risk of
•Permit violations,
•Overflows,
•Treatment failures
Page 138 of 208
COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Tom Brennan
DEPARTMENT: Utilities
DATE: January 2, 2018
SUBJECT:
Extension of NavPoint Listing Contract for Englewood
McLellan Reservoir Foundation (EMRF)
DESCRIPTION:
Extension of NavPoint Listing Contract for Englewood McLellan Reservoir Foundation (EMRF)
RECOMMENDATION:
The EMRF Board recommends that City Council approve a motion supporting the extension of
the existing listing contract with NavPoint Real Estate Group to market the remaining available
parcels on behalf of the Englewood McLellan Reservoir Foundation for an additional nine-month
term.
PREVIOUS COUNCIL ACTION:
At their March 6, 2017 meeting, City Council approved a resolution of support to enter into a
listing contract with NavPoint Real Estate Group to market the remaining available parcels on
behalf of Englewood McLellan Reservoir Foundation.
On December 11, 2017, Council received an update on current leasing activity from NavPoint
Real Estate Group.
SUMMARY:
Since the inception of EMRF, EMRF has entered into long-term leases on five parcels of EMRF
property for the benefit of the City of Englewood. In September 2016, the current board
members presented to City Council a proposal to retain a commercial real estate broker to
represent the interests of the City in actively marketing the remaining available parcels. The
EMRF Board advertised a Request For Proposal in December 2016 and received eight
proposals. Upon completion of evaluating and interviewing the respondents, the board selected
NavPoint Real Estate Group to retain their services to market and negotiate lease terms on the
parcels. On April 7, 2017, EMRF signed a listing agreement with NavPoint for a nine-month
term ending on January 9, 2018.
ANALYSIS:
The compensation to the brokerage firm is as follows: NavPoint Real Estate Group will charge a
3% fee on the total net lease consideration for years 1-5 and 1.5% years 6-10 for the lease term
for a direct deal, and 5% for years 1-5 and 3% for years 6-10 with a cooperating broker
involved.
Page 139 of 208
FINANCIAL IMPLICATIONS:
The listing contract has no initial financial impact. However, future leases resulting from the
proposed listing contract will bring significant revenues.
ALTERNATIVES:
N/A
CONCLUSION:
N/A
ATTACHMENTS:
EMRF NavPoint Listing Agreement
Page 140 of 208
Page 141 of 208
Page 142 of 208
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COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Dan Siegrist
DEPARTMENT: IT
DATE: January 2, 2018
SUBJECT: STEALTHbits Monitoring and Auditing Software Purchase
DESCRIPTION:
STEALTHbits Monitoring and Auditing Software Purchase
RECOMMENDATION:
The Information Technology Department recommends Council approve, by Motion, a
contract for $46,850.00 with STEALTHbits Technologies, Inc. for the procurement and
installation of StealthAUDIT for Active Directory and File systems, StealthAUDIT
Sensitive Data Discovery, and StealthINTERCEPT for Active Directory and File
Systems.
StealthAUDIT will allow the City's IT Department to monitor and audit changes to files,
changes in who has access to files and folders, and changes to these permissions. The
main purpose of StealthAUDIT is to establish and validate the accountability and chain
of custody for sensitive information and data. This capability will satisfy the
requirements that Criminal Justice Information Systems (CJIS) imposes upon t he
Englewood Police Department with regard to data security and integrity.
StealthAUDIT also has the capability to mine existing files and data in order to discover
and identify "sensitive" data based upon known and accepted industry criteria for
HIPPA, PII, financial and other kinds of confidential and sensitive information that may
be stored within the organization. The purpose of this discovery and identification is to
make sure that all of these resources are properly secured, have proper security a nd
permissions assigned to them and are also properly archived where required.
StealthINTERCEPT will allow the City's IT Department to monitor network activity and
traffic to a very detailed degree and to be able to detect unusual or threatening patterns
of network activity that might indicate a cybersecurity threat or other performance
problem. This system will alert and enable IT resources to respond very quickly to
potential failures or threats.
This recommendation is the culmination of extensive research and study of multiple
alternatives.
Page 151 of 208
PREVIOUS COUNCIL ACTION:
N/A
SUMMARY:
The need for a data auditing tool was initially identified as the result of the study of the Criminal
Justice Information Systems regulations and guidelines. CJIS requires that any changes to the
permissions or delegation of access to sensitive data be monitored, audited, reported upon and
preserved for one year. This level of auditing and detail isn't built in to the systems that the City
currently uses. Thus, the need for acquiring a solution to address this was identified. A total of
three systems were evaluated and measured against definitive criteria:
• The ability to detect and audit changes to file and folder structure and the delegation of
access permissions and to preserve this data for at least one year.
• The ability to operate within the City's existing computing and storage environment and
to operate compatibly with these existing systems.
• The ability to reliably report on any of the above changes to the environment.
StealthAUDIT more than adequately met all of these criteria and did so at a very competitive
price point.
The need for network monitoring and detection was made very apparent by recent events on
the City's network. The presence of an early detection and alerting system would have
substantially lessened the impact and efficacy of the event. Two systems were evaluated and
measured against the following criteria:
• The ability to monitor network activity and identify potential threats in real-time.
• The ability to integrate with existing technologies that the City currently owns.
StealthINTERCEPT more than adequately met these criteria and did so at a very competitive
price.
Both products would be installed, tuned and finalized by technical representatives from the
manufacturer, STEALTHbits, Inc. The implementation fee has been included in the attached
quote.
ANALYSIS:
FINANCIAL IMPLICATIONS:
Funding for this project is allocated in the Capital Projects Fund IT Network Development 0701-
0003 Task 01 which currently has an appropriated balance of $249,803.30. This purchase will
be made utilizing a General Services Administration (GSA) participating vendor which assures
that pricing is highly competitive and that negotiated pricing discounts are applied.
Page 152 of 208
CONCLUSION:
The implementation of StealthAUDIT and StealthINTERCEPT will bring the City into CJIS
compliance with regard to data activity and permissions monitoring and auditing and will also
serve to further secure the organization against unauthorized activity from external entities.
ATTACHMENTS:
Quote (Carahsoft - Stealthbits - 11.03.2017 - Quote 10649313.pdf)
STEALTHbits_Software_License_Agreement 12-12-17.doc
STEALTHbits_Master_Service_Agreement.docx
2017 IT Capital Budget.pdf
Page 153 of 208
CARAHSOFT TECHNOLOGY CORP
1860 MICHAEL FARADAY DRIVE |SUITE 100 |RESTON,VIRGINIA 20190
PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)66CARAH
WWW.CARAHSOFT.COM |SALES@CARAHSOFT.COM
GOVERNMENT -PRICE QUOTATION
QUOTE DATE:
QUOTE NO:
11/03/2017
10649313PAGE1of2
CONFIDENTIAL
FROM:
FAX:
Cary S.White
Carahsoft Technology Corp.
1860 Michael Faraday Drive
Suite 100
Reston,Virginia 20190
EMAIL:Cary.White@carahsoft.com
PHONE:(703)230-7507 FAX:(703)871-8505
TO:Dan Siegrist
City of Englewood
Englewood,CO
dsiegrist@Englewoodco.govEMAIL:
PHONE:
TERMS:GSA Schedule No:GS-35F-0119Y
Term:December 20,2011 -December 19,2021
FTIN:52-2189693
Shipping Point:FOB Destination
Credit Cards:VISA/MasterCard/AMEX
Remit To:Same as Above
Payment Terms:Net 30 (On Approved Credit)
Cage Code:1P3C5
DUNS No:088365767
Business Size:Other than Small
Sales Tax May Apply
QUOTE NO:10649313
QUOTE DATE:11/03/2017
QUOTE EXPIRES:
RFQ NO:
SHIPPING:
TOTAL PRICE:
GROUND
$46,850.00
$46,850.00TOTALQUOTE:
12/03/2017
EXTENDED PRICEDESCRIPTIONGSAPRICEQUOTEPRICEQTYLINENO.PART NO.
StealthAUDIT for Active Directory
*Includes support for Active Directory and
Azure Active Directory
STEALTHbits Technologies -SMP-ADI-00B
$23.93 $16.50 GSASMP-ADI-00B $9,075.001550
StealthAUDIT for File Systems
*Includes support for Windows/NAS/UNIX File
Systems
STEALTHbits Technologies -SMP-DAG-10B
$38.29 $22.00 GSASMP-DAG-10B $12,100.002550
Add-on Module -Sensitive Data Discovery
*Includes support for Windows and NAS File
Systems,SharePoint,Office 365 SharePoint
Online and OneDrive for Business
STEALTHbits Technologies -SMP-DAG-11B
$19.14 $11.00 GSASMP-DAG-11B $6,050.003550
StealthINTERCEPT for Active Directory
*Includes Monitoring and Blocking for Active
Directory and Group Policy,and
Authentication monitoring.
STEALTHbits Technologies -STI-ADI-00B
$23.93 $13.75 GSASTI-ADI-00B $7,562.504550
StealthINTERCEPT for File Systems
*Includes Monitoring for Windows and NAS
File Systems,and Blocking for Windows File
Systems
STEALTHbits Technologies -STI-AFS-00B
$23.93 $13.75 GSASTI-AFS-00B $7,562.505550
General Professional Services per Product -
Daily
STEALTHbits Technologies -SBT-GPS-ALB
$2,392.95 $1,500.00 GSASBT-GPS-ALB $4,500.0063
Page 154 of 208
GOVERNMENT -PRICE QUOTATION
LINE NO.PART NO.DESCRIPTION GSA PRICE QUOTE PRICE QTY EXTENDED PRICE
1860 MICHAEL FARADAY DRIVE |SUITE 100 |RESTON,VIRGINIA 20190
PHONE (703)871-8500 |FAX (703)871-8505 |TOLL FREE (888)66CARAH
WWW.CARAHSOFT.COM |SALES@CARAHSOFT.COM
CARAHSOFT TECHNOLOGY CORP
CONFIDENTIAL
PAGE 2 of 2 10649313
11/03/2017
QUOTE NO:
QUOTE DATE:
$46,850.00SUBTOTAL:
TOTAL PRICE:
TOTAL QUOTE:$46,850.00
$46,850.00
Page 155 of 208
SOFTWARE LICENSE AGREEMENT
This Software License Agreement (the "Agreement") is made between STEALTHbits Technologies Inc, a New Jersey
corporation located at 200 Central Avenue, Hawthorne, New Jersey 07506, USA ("STEALTHbits") and the City of
Englewood, Colorado, a ___________corporation located at ______________________the Customer, (hereafter referred to as
"Licensee").
1. Definitions. The following terms shall have the meanings assigned to them below:
(a) "Affiliate" means any entity controlled by, controlling, or under common control with Licensee.
(b) "Quotation Form" means the STEALTHbits ordering document which describes the Software and or services being ordered
by Licensee and which incorporates this Agreement by reference.
(c) "Documentation" means the published user manuals and documentation that STEALTHbits makes generally available for
the Software.
(d) "Services" means all services provided by STEALTHbits under this Agreement.
(e) "Software" means (i) the machine-readable object code version of the software made generally available by STEALTHbits
and described in the applicable Quotation Form (ii) the related Documentation, (iii) corrections, enhancements, and
upgrades to the Software that STEALTHbits may make available pursuant to Section 10 below and (iv) all copies of the
foregoing.
(f) “Severity 1 – Critical Business Impact” means that the Software is not operational and no workaround is possible, or a
workaround exists, but is unacceptable because of the impact on Licensee business. Error results in the use of Software being
severely impacted or completely unavailable, or development is halted or the Error is having a severe impact on Licensee’s
ability to continue development. In addition, Error may involve downtime, outage, severe performance degradation or other
failure of one or more business critical systems, functions or services that adversely impacts multiple end users.
(g) “Severity 2 – Serious Business Impact” means that the Software is operational, but its functionality is seriously affected
and where implementing a workaround is time consuming and will adversely affect Licensee’s business. In addition, Error
may involve downtime, outage, serious performance degradation or other failure of one or more non-critical business systems,
functions or services that adversely impacts multiple end users.
(h) “Severity 3 – Minor Business Impact” means that the Software is operational, but its functionality is affected and where a
workaround is available and acceptable. In addition, it may include an error or problem with a system, function or service that
materially adversely affects end user(s) ability to process, but for which there is a reasonable and practical circumvention so
that affected end user(s) can continue processing (and perform end user functions) with non (or only minimal) loss of
efficiency or functionality, or involves downtime, outages, performance degradation or other failure of a single non-critical
system, function or service or impacting upon a single end user only.
(i) “Severity 4 – Enhancement Request” means that the Software is useable, but Licensee has a question or like to submit an
enhancement request. In addition, it may involve problem or inquiry with respect to a system, function or service that affects a
single end user issue that is non-critical to job function and includes a work around. All enhancement requests are considered
but may not be included in a future release.
(j) “Update” means any updates or new releases of the Software to be made available by the STEALTHbits to the Licensee.
(k) “Workaround” means a temporary fix to set the system to an operational level.
(l) “Error Correction” means either a software modification or addition that, when made or added to the Software, corrects the
Error, or a procedure or routine that, when observed in the regular operation of the Software eliminates the practical adverse
effects of the Error.
2. License. Subject to the terms and conditions of this Agreement, and for the license fees specified on the applicable
Quotation Form, STEALTHbits hereby grants to Licensee, and Licensee accepts from STEALTHbits, a perpetual, worldwide,
non-exclusive and non-sub licensable right to use the Software described on the applicable Quotation Form. This license
consists of the right for Licensee to install, use, access, run, or otherwise interact with the Software within the scope of license
granted on the applicable Quotation Form, in and for Licensee's own internal business operations, and in accordance with the
related Documentation. Licensee may also make a reasonable number of additional copies of the Software solely for non-
productive archival purposes, so long as each copy contains all titles, trademarks, and copyrights and restricted rights notices
as in the original. Nothing in this Agreement entitles Licensee to receive source code for any part of the Software.
Page 156 of 208
Page 2 of 6
3. Affiliate Usage. Licensee and its Affiliates may place orders for and use Software and Services under this Agreement by
signing and delivering a Quotation Form to STEALTHbits. Licensee shall be liable for its Affiliates' compliance with the
terms and conditions of this Agreement.
4. Restrictions. STEALTHbits reserves any rights not expressly granted to Licensee and retains all rights, title and interest in
and to the Software. Licensee agrees that it has no right whatsoever to modify the Software or any portion thereof in any
manner. Licensee shall not reverse engineer, decompile, disassemble, modify, adapt, rent, lease, loan or create derivative
works based upon the Software or any part thereof.
5. Assignment. Neither party may assign or transfer its rights and obligations under this Agreement without prior written
consent of the other party unless if in connection with a merger or sale of assets of the assigning party, and any purported
assignment without such consent shall be null and void.
6. Payment. Payment shall be made in full within thirty (30) days from the date of the applicable invoice. Any amounts
payable by Licensee that remain unpaid after the due date shall be subject to a late charge equal to 1.5% of the invoice amount
per month from the due date until such amount is paid, or the maximum rate permitted by law if less.
7. Taxes. The fees listed in the Quotation Form do not include taxes; if STEALTHbits is required to pay sales, use, property,
value-added or other taxes based on the Software or services provided under this Agreement or on Licensee's use of Software
or Services, then such taxes shall be billed to and paid by Licensee. This Section does not apply to taxes based on
STEALTHbits’ income.
8. Termination. This Agreement or an individual license granted hereunder may be terminated (a) by mutual agreement of
STEALTHbits and Licensee, (b) by Licensee, upon 30 days prior written notice to STEALTHbits, and (c) by STEALTHbits,
if Licensee or its Affiliate breaches this Agreement and fails to cure such breach to STEALTHbits reasonable satisfaction
within 30 days following receipt of STEALTHbits notice thereof. Upon any termination of this Agreement or a license
granted hereunder, Licensee shall cease use of the applicable Software and certify to STEALTHbits within 30days after
termination that Licensee has destroyed or returned to STEALTHbits such Software and all copies thereof. Termination of this
Agreement shall not limit either party from pursuing any remedies available to it, including injunctive relief, or relieve
Licensee of its obligation to pay all fees that have accrued or have become payable by Licensee hereunder. The provisions of
Sections 4, 6, 8, 11, 12, 13 and 14 will survive termination of this Agreement.
9. Export Law Assurances. Licensee shall not export or re-export, or allow the export or re-export of the Software or any
copy, portion or direct product of the foregoing, in violation of any export laws, restrictions, national security controls or
regulations of the United States or other applicable foreign agency or authority.
10.1 Maintenance and Other Services. During any Maintenance Period and for the applicable fees, STEALTHbits shall
provide the Maintenance Services as listed in this Section 10. The "Maintenance Period" is a twelve (12) month period. The
first Maintenance Period begins on the date of the first invoice for the Software and ends twelve (12) months thereafter. Each
Maintenance Period shall automatically renew for another twelve (12) months unless the renewal has been cancelled by either
party's giving written notice at least thirty (30) days prior to the first day of the renewal Maintenance Period. STEALTHbits
will bill for Maintenance Services in advance of renewal. STEALTHbits will provide other services (other than Maintenance
Services) subject to availability and under the terms and conditions, including service rates, as indicated on the applicable
Quotation Form.
Maintenance Services consist of the following:
• STEALTHbits shall make new versions and releases of the Software available to Licensee, including Software
corrections, enhancements and upgrades, if and when it makes them generally available without charge under a
maintenance subscription for such Software.
• STEALTHbits shall respond to unlimited communications from Licensee that report Software failures not previously
reported to STEALTHbits. Software failure support will not be provided for:
o Defects or errors resulting from any modifications to Software which have not been approved by STEALTHbits.
o Any version of the Software other than the current release and one preceding minor release (NOTE: minor
release not to include Service Packs).
o Errors caused by the use of the Software on, or with equipment or programs not approved by STEALTHbits
through either Minimum Requirements or Architecture documentation which shall be provided.
o STEALTHbits will respond to Licensee notifications and will provide a Workaround and an Error Correction
within the time scales set out in Table 1 below:
Page 157 of 208
Page 3 of 6
• STEALTHbits shall respond to a reasonable number of communications from Licensee that request consultation on the
operational/technical aspects of the Software.
• Maintenance Services for all Software, support services are available during standard support hours or Monday through
Friday from 8am to 5pm ET.
• For all Software, STEALTHbits support service shall be available via the Web, email, or telephone during normal
business hours.
o Website: http://www.stealthbits.com/
o E-mail: support@stealthbits.com
o Phone: 201-447-9359
10.2 Professional Services. STEALTHbits will be entitled to make Professional Service charges in accordance with its
standard charges for any Services provided:
o At the request of Licensee, but which do not qualify under Software failures by virtue of the exceptions listed in
Section 10.1.
o At the request of Licensee, but are not necessary under the Maintenance Services as listed in Section 10.1.
All Professional Service hours must be used within six (6) months of the date of purchase.
11. Limited Warranty. STEALTHbits warrants that for a period of thirty (30) days from the date of delivery (i) the media
provided by STEALTHbits, if any, on which the Software is recorded will be free from material defects in materials and
workmanship under normal use, and (ii) the operation of the Software, as provided by STEALTHbits, will substantially
conform to the Documentation applicable to the Software.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF. AND STEALTHBITS HEREBY DISCLAIMS,
ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Licensee must report in writing any breach of the foregoing warranties to STEALTHbits during the warranty period, and
Licensee's exclusive remedy, and STEALTHbits sole obligation, for any such breach of warranty shall be for STEALTHbits to
replace defective media and to correct or provide a workaround for reproducible errors that cause a breach of the warranty
within a reasonable time considering the severity of the error and its effect on Licensee, or, at STEALTHbits option, refund
the license fees paid for the nonconforming Software upon return of such Software to STEALTHbits and termination of the
related license hereunder.
12. Infringement. STEALTHbits will at its own expense defend or settle any claim, suit, action, or proceeding brought
against Licensee by a third party (a "Claim") to the extent that the Claim is based on an allegation that use of the then-current
version of the Software in accordance with this Agreement directly infringes any patent, copyright or trademark, or
misappropriates any trade secret ("Infringes"); provided that Licensee (i) shall have given prompt written notice of such Claim
to STEALTHbits; (ii) permits STEALTHbits to retain sole control of the investigation, defense or settlement of such Claim,
and (iii) shall provide STEALTHbits with such cooperation and assistance as STEALTHbits may reasonably request from
time to time in connection with the investigation, defense or settlement thereof. STEALTHbits shall have no obligation
hereunder to indemnify Licensee for any claim (a) resulting from use of the Software other than as authorized in this
Agreement and in the manner described in the Documentation, (b) resulting from a modification of the Software other than by
Severity Level Initial Response Time Provision of
Workaround
Provision of Error
Correction
1 Critical Business
Impact
1-2 Business Hours 4 Business Hours 1 Business Day
2 Serious Business
Impact
4-6 Business Hours 8 Business Hours 5 Business Days
3 Minor Business
Impact
8 Business Hours 5 Business Days Next Release
4 Enhancement Request 7 Business Days Future Release Future Release
Page 158 of 208
Page 4 of 6
STEALTHbits, or (c) based on Licensee's use of the Software after STEALTHbits recommends discontinuation because of
possible or actual infringement or use of a superseded or altered release of Software if the infringement would have been
avoided by use of a current unaltered release of the Software made available to Licensee.
If the Software is adjudged by a court of competent jurisdiction to Infringe, and Licensee's use of such Software is enjoined,
STEALTHbits shall, at its expense and option either (i) obtain for Licensee the right to continue using the Software, (ii)
replace the Software with a functionally equivalent non-Infringing product, (iii) modify the Software so that it is non-
Infringing, or (iv) accept the return of the Infringing Software and refund a pro-rated portion of the license fee paid for the
Infringing Software, based on a five (5) year product life. This Section 12 states the entire liability of STEALTHbits, and
Licensee's sole and exclusive remedy, with respect to infringement of intellectual property rights.
13. Limitation of Remedies and Damages. IN NO EVENT WILL STEALTHBITS OR ITS SUPPLIERS OR LICENSEE
BE LIABLE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE
THEORY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS BUSINESS INTERRUPTION,
LOSS OF BUSINESS INFORMATION AND THE LIKE), EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. STEALTHBITS'S CUMULATIVE LIABILITY AND LICENSEE'S EXCLUSIVE
REMEDY FOR DAMAGES FROM ANY CAUSE RELATED TO OR ARISING FROM THIS AGREEMENT, AND
REGARDLESS OF THE FORM OF THE ACTION, WILL BELIMITED TO NO GREATER THAN THE AMOUNT OF
FEES PAID TO STEALTHBITS UNDER THIS AGREEMENT, AND IF SUCH DAMAGES RELATE TO PARTICULAR
ITEMS OF SOFTWARE OR SERVICES PROVIDED BY STEALTHBITS, SUCH LIABILITY SHALL BE LIMITED TO
THE FEES PAID FOR THE RELEVANT SOFTWARE OR SERVICES. NO ACTION MAY BE BROUGHT AGAINST
STEALTHBITS LATER THAN ONE YEAR AFTER THE CAUSE OF ACTION OCCURRED, AND EXCEPT AS
PROVIDED IN SECTION 12 ABOVE. IN NO EVENT WILL STEALTHBITS BE LIABLE FOR ANY CLAIMS,
DEMANDS OR ACTIONS OF ANY NATURE BROUGHT BY ANY THIRD PARTY AGAINST LICENSEE.
14. Nondisclosure. "Confidential Information" means the Software, source code, object code and any proprietary tools,
proprietary knowledge or proprietary methodologies disclosed by one party (the "Disclosing Party") to the other (the
"Receiving Party") and not generally known by non-party personnel, which the Receiving Party may gain access to or
knowledge of as a result of this Agreement. The Receiving Party shall observe complete confidentiality with respect to the
Confidential Information, and shall use its best efforts and take all reasonable steps to protect the Confidential Information
from any use, reproduction, publication, disclosure, or distribution except as specifically authorized by this Agreement. The
Receiving Party shall promptly notify the Disclosing Party of any known unauthorized use or disclosure of the Software and
will cooperate with the Disclosing Party in any litigation brought by the Disclosing Party against third parties to protect its
proprietary rights. In the event that a Disclosing Party receives an Open Records request pursuant to the Colorado Open
Records Act C.R.S. 24-72-201 et. seq., the Disclosing Party shall notify the other party to this Agreement of such request.
15. Injunctive Relief. Each party acknowledges and agrees that in the event of a material breach of this Agreement, including
but not limited to a breach of Section 4 or Section 14 of this Agreement, the non-breaching party shall be entitled to seek
immediate injunctive relief, without limiting its other rights and remedies.
16. Usage Verification. At STEALTHbits request, but not more frequently than annually, Licensee shall furnish
STEALTHbits with a document signed by Licensee's authorized representative verifying Licensee's usage of the Software.
Licensee will permit STEALTHbits to review Licensee's deployment and use of the Software for compliance with the terms of
the license agreement at STEALTHbits expense. Any reviews shall be scheduled at least 15 days in advance, shall be
conducted during normal business hours at Licensee's facilities, and shall not unreasonably interfere with Licensee’s business
activities. If Licensee's use of the Software is found to be greater than contracted for, Licensee will be invoiced for the
additional licenses or license upgrades (based on the applicable units of measure, e.g., servers, server tiers or users) and the
unpaid license fees shall be payable in accordance with this Agreement. Additionally, if the unpaid fees exceed 5% of the
license fees paid for the subject software, then Licensee shall also pay STEALTHbits reasonable costs of conducting the audit.
17. General.
(a) This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, excluding its
conflicts of laws and principles. The parties agree that the United Nations Convention on Contracts for the International Sale
of Goods does not apply to this Agreement. Any action seeking enforcement of this Agreement or any provision hereof shall
be brought exclusively in the state or federal courts located in the State of Colorado, United States of America. Each party
hereby agrees to submit to the jurisdiction of such courts.
(b) If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, that provision
will be enforced to the maximum extent permissible, and the remaining provisions of this Agreement will remain in full force
and effect.
(c) The Software is a "commercial item," "commercial computer software" and/or "commercial computer software
documentation." Consistent with DFAR section 227.7202 and FAR section 12.212, any use, modification, reproduction,
release, performance, display, disclosure or distribution of the Software by the U.S. government shall be governed solely by
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Page 5 of 6
the terms of this Agreement and shall be prohibited except to the extent expressly permitted herein.
(d) All notices, requests, demands or communications required or permitted hereunder shall be in writing, delivered
personally, or mailed by first class mail, postage prepaid, addressed to the parties as set forth above or at such other address as
shall be specified in writing by either of the parties to the other in accordance with this Paragraph 17(d). All notices, requests,
demands or communications shall be deemed effective upon personal delivery or four (4) days following deposit in the U.S.
mail in accordance with this paragraph.
(e) Marketing Reference Account. As a partial consideration for the license and net fees charged to Licensee, Licensee agrees
that, upon execution of the Agreement, Licensee will participate in a joint release with STEALTHbits regarding the
Agreement which shall not be released prior to obtaining written approval from Licensee, and thereafter, Licensee will allow
STEALTHbits to use it as a reference account for marketing purposes, including (i) allowing STEALTHbits to reference
Licensee on its reference account customer lists in print and on its website; (ii) providing quotes for STEALTHbits’ press
releases and website; and (iii) participating in one phone interview for the development of a webinar.
(f) Performance of any obligation required by a party hereunder may be waived only by a written waiver signed by an
authorized representative of the other party, which waiver shall be effective only with respect to the specific obligation
described therein.
(g) Each party will be excused from performance for any period during which, and to the extent that, it is prevented from
performing any obligation or service as a result of causes beyond its reasonable control, and without its fault or negligence,
including without limitation, acts of God, strikes, lockouts, riots, acts of war, epidemics, communication line failures, and
power failures.
(h) A Quotation Form becomes effective upon execution by Licensee and a duly authorized representative of STEALTHbits.
The terms and conditions of this Agreement shall apply to all such Quotation Forms. The terms of any Quotation Form shall
incorporate the terms and conditions of this Agreement and shall control over any conflicting terms and conditions contained
in this Agreement.
(i) STEALTHbits shall have in force the following insurance coverage under which Licensee shall be listed as an additional
insured:
1. Commercial General Liability Insurance in the amount of $2,000,000 per occurrence/$4,000,000 general
aggregate;
2. Professional Liability/Errors and Omissions Insurance in the amount of $1,000,000 per occurrence;
3. Employee Dishonesty and Computer Fraud in the amount of $1,000,000 per occurrence; and
4. Workers Compensation coverage as required by law.
(j) This Agreement, together with the attached exhibits, if any, and Quotation Forms which are incorporated herein by
reference, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or
contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement and such
exhibits or Quotation Forms. The terms and conditions of this Agreement and in any Quotation Form shall control in the event
there are different or additional terms set forth in any purchase order submitted by Licensee. Terms or conditions contained in
Licensee's purchase orders shall apply only to the extent they confirm the Software and services ordered, the applicable fees
and the requested shipment date. Neither this Agreement nor any Quotation Form may be modified or amended except by a
writing executed by a duly authorized representative of each party. No other act, document, usage or custom shall be deemed
to amend or modify this Agreement.
Licensee STEALTHbits Technologies, Inc.
___________________________________ ______________________________________
Name Name
____________________________________ ______________________________________
Signature Signature
____________________________________ ________________________________________
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Page 6 of 6
Title Date Title Date
Page 161 of 208
MASTER SERVICES AGREEMENT
This Information Technology Services Agreement ("Agreement") is made this day of 201
between STEALTHbits Technologies, Inc. a New Jersey Corporation, with its principle office at 200 Central Ave.
Hawthorne, NJ 07506 ("Company"), and with a principle office at , , (“Customer”).
WHEREAS, Company is engaged in the business of providing a full range of information technology consulting
services; and
WHEREAS, Customer desires to retain Company to perform information technology services and functions; and
NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein, the
parties have agreed and do agree as follows:
AGREEMENT
1.Contracted Services. This Agreement shall apply to the delivery of information technology services,
support, and functions as further described in Statements of Work (SOW) that may be proposed and approved
by the parties. Any such approved SOW shall be incorporated herein by reference (the services and functions
described in any SOW are hereafter referred to as the “Services”). In the event that the scope of the Services is
expanded, revised, or modified, for any SOW incorporated herein, the parties shall prepare and sign an
amended or new SOW (or change order), which likewise shall be attached hereto and incorporated herein by
reference. Absent the execution of a SOW, this Agreement does not, in and of itself, represent a commitment
by Customer to receive any Services from Company or pay Company any fees.
2.Term of Agreement.
(a) The term of this Agreement will commence on the Effective Date set forth above and will continue until
terminated by either party as provided below (“Term”). In the event that the SOW provides for a
different Term, the SOW Term will control for that specific SOW only.
(b) Either party shall have the option to terminate this Agreement, without cause, by providing one hundred
twenty (120) days’ notice of its intent to terminate the Agreement without cause. In the event that a
SOW provides for a different termination notice period, the SOW termination clause will control for that
specific SOW only.
(c) In the event that there is a continuing need for any Services identified in a SOW, after the expiration of
this Agreement and Customer requests, in writing, to have Company complete the Services, this
Agreement will automatically renew for the period of time that it takes for the completion of such
Services.
(d) The Agreement can be terminated for cause, as defined in paragraph 14(a) herein, at any time provided
the alleged breaching party is provided an opportunity to cure the alleged breach in the manner set forth
in paragraph 14(a) below or a Permitted Delay, as defined in paragraph 14(d) herein, does not apply.
3.Fees and Payment Terms.
(a) In exchange for the Services performed by Company, as set forth in any SOW, Customer agrees to
compensate Company at the rates identified in the fee schedule set forth in a SOW. Such rates are
exclusive of any federal, state, or local sales or use taxes, or any other taxes or fees assessed on, or in
connection with any of the Services rendered herein. Customer will pay all undisputed invoices within
thirty (30) days of receipt thereof.
(b) In addition, Customer shall reimburse Company its actual out-of-pocket expenses as reasonably incurred
by Company in connection with the performance of Services. Additional expenses for materials,
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services, training, and hardware may only be incurred by Company and charged to Customer if prior
written approval from Customer has been obtained.
(c) A late charge of one and one-half percent (1½%) per month, or the legal maximum if less, shall accrue
on past due billings unless Customer notifies Company of a billing dispute in writing prior to the
payment due date. Customer shall be responsible for any costs incurred by Company in the collection of
unpaid invoices including, but not limited to, collection and filing costs and reasonable attorney’s fees of
not less than fifteen percent (15%) of the outstanding balance due.
4.Change Orders or Out of Scope Services. To the extent that Customer requires or requests additional
services or services that exceed the services set forth in any SOW incorporated herein, Company will charge an
additional fee for such additional services or out of scope work. Fees for such additional services or out of
scope work will be set forth on a Change Authorization Order (CAO), which will also provide a description of
the changed or additional service(s) being requested. Once a CAO is signed by both parties, it will be
incorporated into the Agreement and have the same legal effect as the SOW that is incorporated into the
Agreement.
5.Ownership of Materials Related to Services.
(a) The parties agree that any materials prepared and delivered by Company specifically for the Customer in
the course of providing the Services shall be considered works made for hire. All rights, title, and interests
of such materials shall be and are assigned to Customer as its sole and exclusive property.
Notwithstanding the foregoing, the parties recognize that performance of Company hereunder will require
the skills of Company and, therefore, Company shall retain the right to use, without fee and for any
purpose, such “know-how”, ideas, techniques, and concepts used or developed by Company in the course
of performance of the Services of this Agreement.
(b) Any preexisting Company Confidential Information included in any Deliverable, including but not limited
to software, appliances, methodologies, code, templates, tools, policies, records, working papers,
knowledge, data, or other intellectual property (collectively, “Company Information”), shall remain the
exclusive property of Company.
6.Independent Contractor. The parties enter into this Agreement as independent contractors and nothing
within this Agreement shall be construed to create a joint venture, partnership, agency, or other employment
relationship between the parties. All Company employees who are assigned to perform services at any
Customer owned or leased facility shall be considered to be an employee of Company only and will not be
considered an agent or employee of Customer for any purpose. Company will be solely responsible for
payment of all compensation owed to its employees, including all applicable federal, state and local
employment taxes and will make deductions for all taxes and withholdings required by law. In no event will
any Company employee be eligible for or entitled to any benefits of Customer.
7.Confidential Information.
(a) Customer understands and acknowledges that Company may, from time to time, disclose “Confidential
Information” to Customer. For purposes of this Agreement, the term “Confidential Information” shall
include but not be limited to any non-public and/or proprietary information or materials relating to
Company’s promotional and/or marketing strategy and activity, Company’s pricing information
(including but not limited to rates, margins, and budgets), Company’s financial and budget information,
Company’s customer lists, information about the education, background, experience, and/or skills
possessed by Company employees, Company employee compensation information, Company’s service
and/or sales concepts, Company’s service and/or sales methodology, Company’s service and/or sales
techniques, Company’s customer satisfaction data or sales information, or any information which
Company marks or identifies as "confidential" at the time of disclosure or confirms in writing as
confidential within a reasonable time (not to exceed thirty (30) days) after disclosure. Customer will not
disclose Company’s Confidential Information to any third party at any time without the prior written
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consent of Company and shall take reasonable measures to prevent any unauthorized disclosure by its
employees, agents, contractors, or consultants. Further, Company’s Confidential Information shall
include the terms set forth in this Agreement, all of which shall remain the property of Company and
shall in no event be transferred, conveyed, or assigned to Customer as a result of the services provided
pursuant to this Agreement. The foregoing duty shall survive any termination or expiration of this
Agreement.
(b) Company also understands and acknowledges that Customer may, from time to time, disclose to
Company proprietary ideas, concepts, expertise, and technologies developed by Customer relating to
computer application programming, installation, and operation (collectively “Customer’s Confidential
Information”). Customer may further provide to Company documentation, reports, memoranda, notes,
drawings, plans, papers, recordings, data, designs, materials, or other forms of records or information
relating to Customer’s business operations (collectively “Confidential Trade Information”). Company
agrees (i) not to use any Customer Confidential Information or Confidential Trade Information for its
own use or for any purpose other than the specific purpose of completing the Services; (ii) not to
voluntarily disclose any Customer Confidential Information or Confidential Trade Information to any
other person or entity; and (iii) to take all reasonable measures to protect the secrecy of, and avoid
disclosure or use of, Customer Confidential Information and/or Confidential Trade Information in order
to prevent it from falling into the public domain or the possession of persons other than those persons
authorized hereunder to have such Customer Confidential Information and/or Confidential Trade
Information. The foregoing duty shall survive any termination or expiration of this Agreement.
(c) In no event shall Customer use Company’s Confidential Information to reverse engineer or otherwise
develop products or services functionally equivalent to the products or services of the Owner.
(d) The following shall not be considered Confidential Information for purposes of this Agreement: (a)
Information which is or becomes in the public domain through no fault or act of the receiving party; (b)
Information which was independently developed by the receiving party without the use of or reliance on
the disclosing party’s Confidential Information; (c) Information which was provided to the receiving
party by a third party under no duty of confidentiality to the disclosing party; or (d) Information which is
required to be disclosed by law with no further obligation of confidentiality, provided, however, prompt
prior notice thereof shall be given to the party whose Confidential Information is involved.
(e) The parties agree that the disclosure of any of the foregoing Confidential Information by either party
shall give rise to irreparable injury to the owner of the Confidential Information, inadequately
compensable in monetary damages. Accordingly, the non-disclosing party may seek and obtain
injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any
other legal remedies which may be available.
8.Non-solicitation of Employees. Customer will not, either directly or indirectly (except through Company)
solicit, hire, or contract with any Company employee during the term of this Agreement and for a one (1) year
period following termination thereof (hereafter the "Non-solicitation Term"). In the event that Customer
desires to directly hire any Company employee during the Non-solicitation Term, Customer must first seek
Company’s consent to directly hire the employee and to speak with the Company employee about the
employment opportunity. In the event that Company grants Customer the option to directly hire a Company
employee, and the Company employee accepts an offer of employment from Customer, the parties shall discuss
issues related to the employee's transition to Customer. The employee's start date will be mutually agreed upon
by Customer and Company in writing. Provided the parties agree to the Company employee’s transition terms,
Customer shall pay Company a placement fee of no less than 20% of offered salary prior to the Company
employee commencing work as an employee of Customer. Unless the parties agree otherwise, Customer shall
not directly hire more than two Company employees during the Non-solicitation Term. If Customer hires a
Company employee without first obtaining the consent of Company, Customer shall pay Company a liquidated
damage equal to 100% of the employee’s fair market salary, as determined by Company in its sole discretion.
This provision is considered a material term that allows for accelerated termination rights under paragraph 14 of
this Agreement.
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9.Customer Responsibilities. In addition to any obligations and responsibilities described in the SOW or
elsewhere in this Agreement, Customer shall have shared responsibility with Company regarding the following:
(a) To ensure that the necessary business and application knowledge is available and conveyed from the
Customer’s existing project team to Company’s project team.
(b) Provide ready access to all appropriate computing platforms, documentation (e.g., program source,
copybooks, tables, subroutines) and personnel (i.e., end users and technical representatives) necessary to
fully understand the current business systems and environments throughout the life of the engagement.
(c) Provide at its facility, office space and equipment for Company’s on-site employees. Access will also be
provided to the Customer’s source libraries, test systems, and test data.
(d) Provide external communications capability and/or access to its work facility to enable Company’s on-
site project team to access the Customer’s information technology system for after hours or weekend
Services as required.
(e) Customer shall assign an employee or representative to be present at the work facility for any after hours
or weekend Services provided by Company. In the event that Customer declines or fails to assign an
employee or representative to be present during such hours, Customer waives any and all claims for any
property damage or loss that occurs during such time that Company’s employee(s) is on the Customer’s
work facility.
(f) Provide passwords and job numbers to Company employees as needed.
10.Warranty of Services. Any warranty offered by Company for Services provided herein shall be set forth in
the SOW. In the absence of any warranty language in the SOW, Company warrants that all Services performed
pursuant to this Agreement will be performed in accordance with the general standards and practices of the
information technology industry in existence at the time the Services are being performed. IN THE EVENT
THAT THERE IS NO WARRANTY SET FORTH IN THE SOW, THE FOREGOING EXPRESS LIMITED
WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS EXPRESSED OR
IMPLIED, ORAL OR WRITTEN, CONTRACTUAL OR STATUTORY, INCLUDING BUT NOT
LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE TO THE EXTENT APPLICABLE.
11.Limitation of Liability. Customer agrees that Company shall not be liable to Customer, or any third party,
for (1) any liability claims, loss, damages or expense of any kind arising directly or indirectly out of services
provided herein for (2) any incidental or consequential damages, however caused, and Customer agrees to
indemnify and hold Company harmless against such liabilities, claims, losses, damages (consequential or
otherwise) or expenses, or actions in respect thereof, asserted or brought against Company by or in right of third
parties or for (3) any punitive damages. For purposes of this Agreement, incidental or consequential damages
shall include, but not be limited to, loss of anticipated revenues, income, profits or savings; loss of or damage to
business reputation or good will; loss of Customers; loss of business or financial opportunity; or any other
indirect or special damages of any kind categorized as consequential or incidental damages under the law of the
State of New Jersey. Company’s liability for any damages hereunder shall in no event exceed the amount of
fees paid by Customer to Company as of the date the alleged damages were incurred.
12.Indemnification. Each party shall indemnify, defend and hold harmless the other, its employees, principals
(partners, shareholders or holder of an ownership interest, as the case may be) and agents, from and against any
third party claims, demands, loss, damage or expense relating to bodily injury or death of any person or damage
to real and/or tangible personal property directly caused solely by the negligence or willful conduct of the
indemnifying party, its personnel or agents in connection with the performance of the Services hereunder. To
the extent that such claim arises from the concurrent conduct of Customer, Company and/or any third party, it is
expressly agreed that Company’s liability shall be limited by the terms and provisions of paragraph eleven (11)
herein and that, with respect to any remaining obligations to pay any third party claims, demands, losses,
damages or expenses that are not limited by the terms and provisions of paragraph eleven (11) herein, each
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party’s obligations of indemnity under this paragraph shall be effective only to the extent of each party’s pro
rata share of liability. To receive the foregoing indemnities, the party seeking indemnification must promptly
notify the other in writing of a claim or suite and provide reasonable cooperation (at the indemnifying party’s
expense) and full authority to defend or settle the claim or suit. The indemnifying party shall have no
obligation to indemnify the indemnified party under any settlement made without the indemnifying party’s
written consent.
13.Equal Opportunity Employer. Company is an Equal Opportunity Employer and does not discriminate in
recruitment, hiring, transfer, promotion, compensation, development, and termination of its employees on the
basis of race, color, sex, age, marital status, national origin, handicap, religious beliefs, veteran's status or other
protected category as required by applicable Federal, State and local laws. Customer likewise represents that it
will not discriminate in the referral or acceptance of Consultants hereunder on the basis of race, color, sex, age,
marital status, national origin, handicap, religious beliefs, veteran's status or other protected category as
required by applicable federal, state and local laws.
14.Termination.
(a) Termination for Cause: If either party believes that the other party has failed in any material respect to
perform its obligations under this Agreement (including any Exhibits or Amendments hereto), then that
party may provide written notice to the other party’s management representative describing the alleged
failure in reasonable detail. If the alleged failure relates to a failure to pay any sum due and owing under
this Agreement or if Customer makes an unauthorized solicitation of a Company employee under the
provisions of paragraph eight (8) herein, the breaching party shall have fifteen (15) business days after
notice of such failure to cure the breach. If the breaching party fails to cure within fifteen (15) business
days, then the non-breaching party may immediately terminate this Agreement, in whole or in part, for
cause by providing written notice to the management representative of the breaching party. With respect
to all other defaults, if the breaching party does not, within thirty (30) calendar days after receiving such
written notice, either (a) cure the material failure or (b) if the breach is not one that can reasonably be
cured within thirty (30) calendar days, then the non-breaching party may terminate this Agreement, in
whole or in part, for cause by providing written notice to the management representative of the
breaching party.
(b) Termination for Bankruptcy: Either party shall have the immediate right to terminate this Agreement,
by providing written notice to the other party, in the event that (i) the other party becomes insolvent,
enters into receivership, is the subject of a voluntary or involuntary bankruptcy proceeding, or makes an
assignment for the benefit of creditors; or (ii) a substantial part of the other party’s property becomes
subject to any levy, seizure, assignment or sale for or by any creditor or government agency.
(c) Payments Due: The termination of this Agreement shall not release either party from the obligation to
make payment of all amounts then or thereafter due and payable.
(d) Permitted Delays: Each party hereto shall be excused from performance hereunder for any period and to
the extent that it is prevented from performing any services pursuant hereto in whole or in part, as a
result of delays caused by the other party or an act of God, or other cause beyond its reasonable control
and which it could not have prevented by reasonable precautions, including failures or fluctuations in
electric power, heat, light, air conditioning or telecommunication equipment, and such nonperformance
shall not be a default hereunder or a ground for termination hereof. Company’s time of performance
shall be enlarged, if and to the extent reasonably necessary, in the event: (i) that Customer fails to
submit information, instructions, approvals, or any other required element in the prescribed form or in
accordance with the agreed upon schedules; (ii) of a special request by Customer or any governmental
agency authorized to regulate, supervise, or impact Company’s normal processing schedule; (iii) that
Customer fails to provide any equipment, software, premises or performance called for by this
Agreement, and the same is necessary for Company’s performance hereunder. Company will notify
Customer of the estimated impact on its processing schedule, if any.
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(e) Continuation of Services: Company will continue to perform Services during the notice period unless
otherwise mutually agreed upon by the parties in writing. In the event that Customer provides the notice
of termination and directs Company not to perform the services through the notice period, Customer
agrees to pay Company an amount equal to the amount normally due to Company for the notice period.
Upon termination by either party, Customer will pay Company for all services performed and charges
and expenses reasonably incurred by Company in connection with the services provided under this
Agreement through the date of termination.
15.Miscellaneous Clauses:
(a) Non-Restrictive Relationship. Company may provide the same or similar services to other customers
and Customer may utilize other information technology service providers that are competitive with
Company.
(b) Waiver. The rights and remedies provided to each of the parties herein shall be cumulative and in
addition to any other rights and remedies provided by law or otherwise. Any failure in the exercise by
either party of its right to terminate this Agreement or to enforce any provision of this Agreement for
default or violation by the other party shall not prejudice such party’s rights of termination or
enforcement for any further or other’s default or violation or be deemed a waiver or forfeiture of those
rights.
(c) Force Majeure. Neither party will be liable to the other for failure to perform its obligations hereunder if
and to the extent that such failure to perform results from causes beyond its control, including and
without limitation: strikes, lockouts, or other industrial disturbances; civil disturbances; fires; acts of
God; acts of a public enemy; compliance with any regulations, order, or requirement of any
governmental body or agency; or inability to obtain transportation or necessary materials in the open
market.
(d) Notices. All notices required under or regarding this Agreement will be in writing and will be
considered if delivered personally, mailed via registered or certified mail (return receipt requested and
postage prepaid), given by facsimile (confirmed by certification of receipt) or sent by courier (confirmed
by receipt) addressed to the following designated parties:
If to Company: If to Customer:
STEALTHbits Technologies, Inc. Customer Name
Attention: Jill Twomey Attention:
200 Central Ave Street Address
Hawthorne, NJ 07506 City, State Zip
(e) Severability. If any term or provision of this Agreement is held to be illegal or unenforceable, the
validity or enforceability of the remainder of this Agreement will not be affected.
(f) Captions. The section headings in this Agreement are intended solely for convenience of reference and
shall be given no effect in the construction or interpretation of this Agreement.
(g) Entire Agreement. This Agreement and the SOW(s) and/or CAO(s) incorporated herein constitute the
entire agreement between the parties and supersede any prior or contemporaneous communications,
representations or agreements between the parties, whether oral or written, regarding the subject matter
of this Agreement.
(h) Amendments. This Agreement and the Exhibits may be amended only by an instrument in writing
executed by the parties hereto. Any written work order submitted by Customer shall not amend the
terms of this Agreement and will only be considered (1) a statement of the work to be performed; (2) set
forth any deadlines or schedules; and (3) the additional fees to be charged, if any, for any out of scope
work or services stated on the work order.
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(i) Applicable Law. This Agreement is made under and will be construed in accordance with the law of
New Jersey without giving effect to that state's choice of law rules. The forum for any dispute or
litigation arising out of this Agreement shall be in the Courts of Common Pleas of Company’s Home
County Court or in the Federal District Court for Company’s Federal District Jurisdiction.
(j) Successors and Third Party Beneficiaries. This Agreement shall inure to the benefit of Company and
Customer and any successors or assigns of Company and Customer. No third party shall have any rights
hereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
STEALTHbits Technologies, Inc.
________________________________________
Jill Twomey/Director of Finance Date
Customer Name
________________________________________
Name, Title Date
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EXHIBIT 1
Change Authorization Order – NAME OF CHANGE/PROJECT
Date Change to SOW Requested:
XX/XX/XXXX
Date CAO Delivered to Customer:
XX/XX/XXX
CAO Number: XXXXXXXXXXX
This Change Authorization Order (CAO) must be approved by both parties and signed before the CAO can become
executable. All other terms in the referenced Statement of Work (SOW) not affected by this CAO remain in full force and
effect. STEALTHbits agrees to provide the Services described in this CAO, provided you accept this CAO without
modification, by signing in the space below on or before XX/XX/XXXX. If this CAO is signed after this date, it is null and
void and will not be honored by STEALTHbits.
The parties agree that this CAO modifies the existing referenced SOW (STEALTHbits Statement of Work for Customer
NAME OF PROJECT Project dated (MONTH DAY, YEAR) and CAO XXXXXX dated (MONTH YEAR). The changes
encompass the following items:
1.0 Description of proposed change
2.0 Rationale for the proposed change
3.0 Impact of the proposed change
4.0 The identified tasks and responsibilities are listed below:
4.1 STEALTHbits responsibilities
4.2 Customer responsibilities
Service Type Description of Change Modifications (+/) to
Charges Previously
Approved
Modifications (+/) to
Charges Changes
Described Herein
Revised Service Charges
This CAO will result in a increase/decrease of $XXXXXX.XX for the referenced Statement of Work.
CAO Approval
In entering into this CAO, you are not relying upon any representation made by or on behalf of STEALTHbits that is
not specified in the Agreement or the Statement of Work, including, without limitation, the actual or estimated
completion date, number of hours to provide any of the Services, charges to be paid, or the results of any of the
Services to be provided under the Statement of Work. Each of us agrees that the complete agreement between us
about these Services consists of 1) this Change Authorization Order, 2) the referenced Statement of Work including
any previous mutually-approved CAOs, and 3) the STEALTHbits Master Services Agreement or any equivalent
agreement in effect between us as identified below (the Agreement).
Agreed to: Agreed to:
CUSTOMER
STEALTHbits Technologies, Inc.
ADDRESS 200 Central Ave
CITY, STATE, ZIP Hawthorne, NJ 07506
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By: By:
Authorized signature Authorized signature
Name (type or print): Name (type or print):
Date: Date:
Customer number:
Referenced Agreement Name: STEALTHbits Master
Services Agreement
Project Name: XXXXXXXXXXX
Referenced Agreement Number:
Dated: MONTH DAY, YEAR
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Change Request Workflow
Change
Authorization Order
(CAO) form
completed &
submitted to project
team for review
CAO reviewed to
identify the
following
Project
Cost
Schedule
Risk
Revise project
documentation
(if applicable)
Submit Change
approval to team
Change
Approved
Sign off on CAO
obtainedImplement change
Request Closed outCAO storedEnd
No
Yes
Change in scope
Identified
Page 171 of 208
CAPITAL PROJECTS FUND (MYCP)
PROJECT STATUS AND FUND BALANCE REPORT
November 30, 2017
A B C A+B+C D E D+E A+B+C-D-E
New Fund Bal.Budget
World G/L Project Carry Fwd.2017 BUDGET Amend REVISED 2017 2017 TOTAL APPROP.
Project Task Division PROJECT End Date 12/31/2016 Approp.Amendments Notes BUDGET EXPEND.ENCUMB.EXP. AND ENC.BALANCE
INFO TECH
31 0701 001 0701 Network Development Ongoing 582,985.86 150,000.00 732,985.86 424,237.80 58,944.76 483,182.56 249,803.30
31 0701 002 0701 Telecommunication Systems Ongoing 139,265.20 25,000.00 164,265.20 84,288.09 84,288.09 79,977.11
31 0701 003 0701 Fin & HR Systems - Lic/Upgrades/Hardware Ongoing 69,176.90 69,176.90 72,158.54 11,242.55 83,401.09 (14,224.19)
31 0701 004 0701 Fin & HR Systems - Fin-Tax Collect & Licensing Ongoing 42,254.40 100,000.00 142,254.40 96,877.06 14,122.94 111,000.00 31,254.40
31 0701 005 0701 Court System Ongoing 60,351.28 60,351.28 - 60,351.28
31 0701 006 0701 Permit Tracking System Ongoing 59,001.39 60,000.00 119,001.39 6,627.67 3,781.00 10,408.67 108,592.72
31 0701 007 0701 Departmental PC Replacement Ongoing 27,267.34 120,000.00 147,267.34 62,077.12 62,077.12 85,190.22
31 0701 008 0701 Security Cameras Ongoing 86,870.95 25,000.00 111,870.95 26,367.87 26,367.87 85,503.08
31 0701 009 0701 ERP System Ongoing 827,532.01 827,532.01 471,816.14 41,736.50 513,552.64 313,979.37
31 0701 010 0701 IT Citrix Security & Mobile Ongoing 45,000.00 45,000.00 - 45,000.00
31 0701 011 0701 Disaster Recovery System Ongoing 150,000.00 150,000.00 - 150,000.00
31 0701 012 0701 Audio Video Upgrades Ongoing - 100,000.00 100,000.00 1,068.16 1,068.16 98,931.84
31 0701 013 0701 Library/Recreation System Upgrades Complete - 94,500.00 94,500.00 45,336.86 45,336.86 49,163.14
31 0701 014 0701 Patrol Car MDT's Ongoing - 72,000.00 72,000.00 80,398.24 80,398.24 (8,398.24)
31 0701 015 0701 Tyler Content Manager Document Management Ongoing 80,000.00 Reso 79 80,000.00 80,000.00 80,000.00 -
SUBTOTAL 2,089,705.33 746,500.00 80,000.00 2,916,205.33 1,371,253.55 209,827.75 1,581,081.30 1,335,124.03
2017 capital.xlsx 2:52 PM 12/28/2017
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COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Vance Fender
DEPARTMENT: Police
DATE: January 2, 2018
SUBJECT: Purchasing agreement -- Lenco Armored Vehicles
DESCRIPTION:
Purchasing agreement -- Lenco Armored Vehicles
RECOMMENDATION:
Staff recommends the approval, by motion, of the purchase agreement between the City of
Englewood and Lenco Armored Vehicles to purchase a 2018 Lenco BearCat armored rescue
vehicle for the Police Department. The amount of the agreement is $265,931.00.
PREVIOUS COUNCIL ACTION:
There has not been any previous council action on this vehicle.
SUMMARY:
The police department is in need of a new armored rescue vehicle. Our current vehicle would
have to be replaced using budgetary funds, however we have the opportunity to utilize bond
premium funds which were approved by the citizens for public safety purposes.
The current armored rescue vehicle is a 1990 Ford F700 bank truck. The exterior is rusting and
the armor, as well as the windows are failing. Even in it's original condition the armor was only
rated to stop a .38 caliber handgun bullet, therefore we have up-armored the inside on one side
of the vehicle with ballistic blankets. Mechanically, the vehicle is under powered as well. On a
recent warrant service, the SWAT operator driving the car had problems even getting the car to
drive over a standard sidewalk curb. Essentially the vehicle is not equipped for rescue
operations, to include natural disasters or active shooter scenarios.
ANALYSIS:
The Lenco BearCat armored rescue vehicle is the primary manufacturer of law enforcement
armored vehicles in the United States. Lenco armored vehicles are deployed in all 50 states,
the Federal Government and the U.S. Armed Forces law enforcement divisions. Lenco is the
provider of armored rescue vehicles to 97% of the top 100 urban areas in the U.S. and 32 state
police agencies. This vehicle is a 4 wheel drive, twin turbo diesel V8. The armor can stop a .50
caliber round and is blast resistant.
The Police Department plans to train both SWAT officers and patrol officers on the operation of
the rescue vehicle. This resource will not be limited to SWAT use, but also to the first
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responders to utilize, because we know that quick response with the proper resources will save
lives.
FINANCIAL IMPLICATIONS:
As stated above, our current armored car 28 years old, has little to no ballistic properties, and is
essentially obsolete for the needs of 21st century policing. It is in dire need of replacement. If
this bond premium was not available to us, the City would have to replace this vehicle with
Capital Projects funds (General Fund) because it is not included in the Capital Equipment
Replacement Fund, or C.E.R.F. The benefit of having the premium for public safety equipment
is saving the City from adding to the Capital Projects fund.
Lenco is the sole source for the Lenco BearCat or the equivalent. Lenco was also awarded the
GSA contract for the United States Government and because of that contract, we are
guaranteed the lowest possible pricing. Just as importantly, we do not have to release sensitive
specifications from entering the public domain by going to bid on an inferior vehicle. We are
requesting to spend $265,931.00 from the $5,631,778.50 bond premium. There have been no
expenditures from this bond premium to date. This would leave the balance of the bond
premium $5,365,847.50.
The total amount of funds available from the original bond was $31,760,860.67. The value of the
contracts approved through council through 11/31/17 is $23,225,951.00.
ALTERNATIVES:
There are no other beneficial alternatives to this issue. The current armored rescue vehicle is in
dire need of replacement and the Lenco BearCat is the preferred replacement vehicle. If we do
not replace it, the City of Englewood will have no armored rescue vehicle capabilities without
relying on other agencies to respond with an extended ETA.
If the City were to purchase the armored rescue vehicle, but not utilize bond premium funds, the
project would have to be funded in the Capital Projects fund. This would either add to the
overall General Fund budget by allocating fund balance to cover the cost, or we would need to
remove $265,931 in scheduled projects from the current Capital Improvement Plan to cover the
cost.
The best fiscal option for the City is to apply bond premium for the armored vehicle to avoid
additional General Fund burden and/or defer other needed maintenance.
CONCLUSION:
Staff recommends the purchase of this vehicle utilizing bond premium funds.
ATTACHMENTS:
Memorandum, Lenco quote, sole source and GSA contract letters
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Optional RAM Bar Optional RAM Bar
PowertrainEngine 6.8L V-10 Standard
360 HP; 460 ft lbs of TorqueOpti onal 6.7L V-8 Turbo Diesel300 HP; 660 ft lbs of TorqueTransmission TorqShift 6-Speed Automati c w/ODDrive Axles 4-Wheel Drive - Electronic (Diesel)
PowerHVAC Dual Air Conditi oning & Heati ngAlternators (2) -- 320 AmpsElectrical12 VDC - Dual Batt eries
Strobe Lights (2) Front & (2) RearSiren/Pa System Multi -Tone -- 200 Watt SpeakerInterior Lights (8) White/Red LensesPower Inverter Opti on - AC-DC Inverter
Tires & WheelsStandard 225 /70R x 19.5 / DRWUpgrade255 /70R x 22.5 / DRWRunfl ats Hutchinson CRF
InteriorSeati ng (10) - 2 Front / 8 Rear on benchesGear Storage Under Bench Seats & Tie-Off sFloor Stand Decreased Height to Roof HatchCenter Console All Switches & Electrical EquipmentInsulati on Full Ceiling with Headliner and
Insulati on
Dimensions (Inches)Length 240Width97Height105 / 117 (Turret)Wheel Base 126
Performance DataFuel Capacity 40 GallonsApproach Angle 41 degreesGround Clearance 13”Side Slope 38 degreesGradient> 60 percent
Fording Depth 28”Speed 90 MPHTurning Radius 19.5 ft .
Ballisti c DefeatBody & Glass NIJ IV / .50 CAL BMGRotati ng Hatch Armored, with Gunport
Floor & Fuel Tank Armored to Blast
Gunports (13): 5 each side / 2 rear
Some Available Opti ons• Hydraulic RAM Bar
• Gas Injecti on Unit
• Armored Turret
• Thermal Camera
• CBRNE Detecti on
• On Board SCBA (Overpressure System)
• RAM Camera
The Lenco BearCat G2® is the Standard of the Industry and the primary APC used by SWAT & SRT, Military Police and Nati onal Police
& Security Forces in vital tacti cal roles. The BearCat provides live saving armor in Barricaded Suspect callouts, high risk warrants and
acti ve shooter scenarios. Its open fl oorplan allows for response & rescue of downed personnel needing medical interventi on. The
BearCat can be confi gured to a wide array of variants including Anti -Riot & Crowd Control, perimeter patrol & security, border patrol
and EOD. Lenco vehicles have readily defeated multi -hit att acks from high powered rifl es, combat mortar frag, even IED’s. The BearCat
has been tested under fi re and proven to save lives. Approved by the US State Department & the Nati onal Tacti cal Offi cers Associati on.
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COUNCIL
COMMUNICATION
TO: Mayor and Council
FROM: Alison McKenney Brown
DEPARTMENT:
DATE: January 2, 2018
SUBJECT: Settlement of Quiet Title Action Gesin v. COE
DESCRIPTION:
Settlement of Quiet Title Action Gesin v. COE
RECOMMENDATION:
The City Attorney’s Office recommends that Council approve by Motion the settlement in the
above entitled action.
PREVIOUS COUNCIL ACTION:
None.
SUMMARY:
The Plaintiff, Mr. Michael J. Gesin filed a Quiet Title Action against the City on March 1, 2017.
Mr. Gesin is the owner of a residence at 3605 S. Bannock Street which abuts the City Ditch
which is owned by the City of Englewood. The parties have reached a proposed settlement of
all issues regarding ownership, and use of the surface of the ditch by Mr. Gesin.
ANALYSIS:
A quiet title action is a proceeding brought in court to establish the plaintiff’s title to land that is
owned by another, in this case the City of Englewood. In the present case Mr. Gesin is claiming
ownership of land owned by the City. In order to settle the litigation, the City offered a license
agreement which would allow Mr. Gesin to use the property on a restricted basis.
The City Ditch is piped in this area and by the terms of the license bars Mr. Gesin from
interfering with the operations of the City Ditch, but he would be allowed to use the surface over
the City Ditch. The license preserves the right of the City to access the property for any reason
to maintain, install, repair, remove or relocate the City Ditch facilities. The license does not
grant any ownership to Mr. Gesin of any of the property that makes up the right-of-way of the
City Ditch, nor does it diminish the City’s rights thereto.
FINANCIAL IMPLICATIONS:
Approving the settlement will save the City outside litigation costs.
ALTERNATIVES:
The City can reject the proposed settlement and move forward with litigation.
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CONCLUSION:
By approving the settlement the City will maintain all of its ownership rights to the land that
makes up the right-of-way for the City Ditch, allowing the City to ensure that water flow will not
be interrupted or interfered with.
ATTACHMENTS:
License Agreement
Mutual Release and Settlement Agreement
Plaintiff’s and Defendant’s Joint Status Report to the Court
Water & Sewer Board Minutes of November 14, 2017
Email Approval of Minutes
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E-Mail Approval of Minutes
1. Minutes of the November 14, 2017, meeting were approved via e-mail December 14, 2017:
Poll Vote: To approve the minutes of November 14, 2017
Ayes: Clyde Wiggins, Caitlin Mercier, Tim Johnson, Don Roth, Andrew Mullen, Mayor Jefferson
Nays: None
Abstain/No response: Chuck Habenicht
Motion passes.
/s/ Julie Bailey
Recording Secretary
Englewood Water and Sewer Board
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