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2018-03-05 (Regular) Meeting Agenda Packet
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 1000 Englewood Pkwy – Council Chambers Englewood, CO 80110 AGENDA City Council Regular Meeting Monday, March 5, 2018 ♦ 7:00 PM 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Pro Tem Rita Russell at 7:08 p.m. 2. Invocation The invocation was given by Council Member Laurett Barrentine 3. Pledge of Allegiance The Pledge of Allegiance was led by Council Member Laurett Barrentine. 4. Roll Call 5. Consideration of Minutes of Previous Session a. Minutes from the Regular City Council meeting of February 20, 2018. City Council Regular - 20 Feb 2018 - 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. Nathan Hoag will address Council regarding a Community Forum. b. Jerry Walker will address Council regarding “Code Enforcement/Police Department”. c. Elaine Hults, an Englewood resident, will address Council. d. Joe Anderson, an Englewood resident, will address Council. e. Dave Cheadle, an Englewood resident, will address Council regarding Giving Heart. f. Peder Olsen will address Council regarding homelessness. 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 Page 1 of 71 Englewood City Council Regular Agenda March 5, 2018 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 9. Consent Agenda Items a. Approval of Ordinances on First Reading i. 2018 Special Election IGA with Arapahoe County 2018 Special Election IGA with Arapahoe County - Pdf Staff recommends that Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the May 22, 2018 Special Municipal Election. Staff: City Clerk Stephanie Carlile b. Approval of Ordinances on Second Reading. c. Resolutions and Motions 10. Public Hearing Items 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading b. Approval of Ordinances on Second Reading c. Resolutions and Motions i. ServiCenter Front Gate Relocation and Security Upgrade ServiCenter Front Gate Relocation and Security Upgrade - Pdf Staff recommends Council approve, by motion, a contract with DH Pace Door Services Group, in the amount of $139,851.25 for the relocation of front gate at the Englewood ServiCenter. Staff: Facility Services and Maintenance Administrator Dan Long ii. Professional Services Agreement with CliftonLarsonAllen LLP for the Performance Audit of Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation. Professional Services Agreement with CliftonLarsonAllen LLP for the Performance Audit of Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation Staff recommends Council approve, by motion, a Professional Services Agreement with CliftonLarsonAllen, LLP., in the amount of $30,000.00 for a performance audit of both the Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation. Staff: Assistance City Manager Mark Woulf. 12. General Discussion a. Mayor's Choice b. Council Members' Choice 13. City Manager’s Report Page 2 of 71 Englewood City Council Regular Agenda March 5, 2018 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. 14. City Attorney’s Report 15. Adjournment Page 3 of 71 MINUTES City Council Regular Meeting Tuesday, February 20, 2018 1000 Englewood Pkwy – Council Chambers 7:00 PM 1 Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Pro Tem Russell at 7:12 p.m. 2 Invocation The invocation was given by Council Member Barrentine. 3 Pledge of Allegiance The Pledge of Allegiance was led by Council Member Barrentine. 4 Roll Call COUNCIL PRESENT: Mayor Pro Tem Rita Russell Council Member Laurett Barrentine Council Member Dave Cuesta Council Member Amy Martinez Council Member Linda Olson Council Member Cheryl Wink COUNCIL ABSENT: None STAFF PRESENT: City Manager Keck City Attorney McKenney Brown City Clerk Carlile Deputy City Clerk McKinnon Director Rinkel, Finance and Administrative Services Director Gonzalez, Human Resources Deputy Director Business Administration/Communications Manager Doane, Littleton/Englewood Wastewater Treatment Plant Deputy Director of Strategic Programs Corning, Littleton/Englewood Wastewater Treatment Plant Economic Development Manager Hollingsworth, Community Development Government Relations Specialist Varner, Littleton/Englewood Wastewater Treatment Plant Page 1 of 9 Draft Page 4 of 71 City Council Regular February 20, 2018 Planner II Voboril, Community Development Technical Support Specialist II Munnell, Information Technology Commander Martin, Police Department 5 Consideration of Minutes of Previous Session a) Minutes from the Regular City Council meeting of February 5, 2018. Moved by Council Member Cheryl Wink Seconded by Council Member Amy Martinez TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 5, 2018. For Against Abstained Amy Martinez (Seconded By) x Cheryl Wink (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell x Dave Cuesta x 6 0 0 Motion CARRIED. b) Minutes from the Special Meeting of February 12, 2018. Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF FEBRUARY 12, 2018. For Against Abstained Amy Martinez (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 6 0 0 Motion CARRIED. 6 Recognition of Scheduled Public Comment a) Kathleen Bailey, an Englewood resident, addressed Council regarding the Englewood Forward Comprehensive Plan. Page 2 of 9 Draft Page 5 of 71 City Council Regular February 20, 2018 b) Elaine Hults, an Englewood resident, was scheduled to address Council but was not present. c) Doug Cohn, an Englewood resident, addressed Council regarding historic preservation. 7 Recognition of Unscheduled Public Comment a) Chiles Friedman an Enlgewood resident, addressed Council regarding Littleton Immigrant Resources Center (LIRC). b) Joe Anderson an Englewood resident, addressed Council regarding decision making. Council responded to Public Comment. 8 Communications, Proclamations, and Appointments There were no Communications, Proclamations, or Appointments. 9 Consent Agenda Items Motion to approve Consent Agenda Items 9 (a) (i), 9 (b) (i &ii), and 9 (c) (i & ii). Council Member Barrentine removed Agenda Item 9 (b)(ii) from Consent Agenda. Mayor Pro Tem Russell removed Agenda Item 9 (c)(i) from Consent Agenda. a) Approval of Ordinances on First Reading i) Council Bill 4 - Special District Repealer Ordinance COUNCIL BILL NO. 4, INTRODUCED BY COUNCIL MEMBER BARRENTINE A BILL FOR AN ORDINANCE REPEALING A SERIES OF ORDINANCES CREATING SPECIAL DISTRICTS, THEREBY DISSOLVING PAVING DISTRICTS 638, SIDEWALK IMPROVEMENT DISTRICT 69-71, 74, 76, CONCRETE REPLACEMENT DISTRICT 1991, 1992, 1995, AND SPECIAL IMPROVEMENT DISTRICT NO. 1992-ECIC, ALL WITHIN THE CITY OF ENGLEWOOD, COLORADO. b) Approval of Ordinances on Second Reading. i) Council Bill 3 - South Metro Enterprise Zone – Administrative Grant # POGG1 EDAA 2018-629 ORDINANCE NO. 1, SERIES OF 2018 (COUNCIL BILL NO. 3, Page 3 of 9 Draft Page 6 of 71 City Council Regular February 20, 2018 INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING ACCEPTANCE OF A GRANT FROM THE STATE OF COLORADO, ECONOMIC DEVELOPMENT AND INTERNATIONAL TRADE (OEDIT) TO FUND ADMINISTRATION ACTIVITIES FOR THE SOUTH METRO ENTERPRISE ZONE. ii) Council Bill 5 - Authorizing acceptance for Victims Assistance Grant (Clerks note:This agenda item was removed from the Consent Agenda Motion and considered independently.) Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink ORDINANCE NO. 2, SERIES OF 2018 (COUNCIL BILL NO. 5 INTRODUCED BY COUNCIL MEMBER OLSON) AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. For Against Abstained Amy Martinez (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 6 0 0 Motion CARRIED. c) Resolutions and Motions i) Application for VOCA Grant (Clerks note:This agenda item was removed from the Consent Agenda Motion and considered independently.) Moved by Council Member Linda Olson Seconded by Council Member Amy Martinez RESOLUTION NO. 13, SERIES OF 2018 A RESOLUTION SUPPORTING THE CITY OF ENGLEWOOD’S POLICE DEPARTMENT GRANT APPLICATION FOR CRIME VICTIM SERVICES Page 4 of 9 Draft Page 7 of 71 City Council Regular February 20, 2018 (CVS) GRANT FUNDS FOR A PART TIME VICTIM ADVOCATE. For Against Abstained Amy Martinez (Seconded By) x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. ii) Aid to Other Agencies Funding for Non Profit Organizations RESOLUTION NO. 12, SERIES OF 2018 A RESOLUTION SPECIFYING AID TO OTHER AGENCIES FOR 2018 BY THE CITY OF ENGLEWOOD, COLORADO. Moved by Council Member Laurett Barrentine Seconded by Council Member Amy Martinez Motion to approve Consent Agenda Items 9 (a) (i), 9 (b) (i) and 9 (c) (ii). For Against Abstained Amy Martinez (Seconded By) x Linda Olson x Laurett Barrentine (Moved By) x Rita Russell x Cheryl Wink 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 Page 5 of 9 Draft Page 8 of 71 City Council Regular February 20, 2018 There were no additional items submitted for approval on first reading. (See Agenda Item 9 (a) (i).) b) Approval of Ordinances on Second Reading There were no additional Ordinances on Second Reading. (See items 9 (b) (i & ii).) c) Resolutions and Motions i) Prosci Change Management Training Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to approve a contract with Prosci, Inc. to provide change management training to a select group of employees in the amount not to exceed $40,900. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 6 0 0 Motion CARRIED. ii) WWTP Website Redesign Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Motion to approve a contract with Blennd, LLC. for the Wastewater Treatment Plant (WWTP) Website Project for the development and successful launch of a new responsive Wordpress website including design, testing, training and ongoing support for the amount of $27,000. Moved by Council Member Laurett Barrentine Seconded by Council Member Rita Russell Motion to amend to remove the paragraph using the updated logo, mission, vision and values. Page 6 of 9 Draft Page 9 of 71 City Council Regular February 20, 2018 For Against Abstained Amy Martinez x Linda Olson x Laurett Barrentine (Moved By) x Rita Russell (Seconded By) x Cheryl Wink x Dave Cuesta x 2 3 1 Motion DEFEATED. Moved by Council Member Linda Olson Seconded by Council Member Cheryl Wink Vote on original motion to approve. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 3 2 1 Motion CARRIED. iii) WWTP Facility Infrastructure Repairs 2018 Project Moved by Council Member Amy Martinez Seconded by Council Member Linda Olson Motion to approve a contract with Casey Construction, LLC., for the Facility Infrastructure Repairs 2018 Project, in the amount of $446,303 and approval of a 5% change order contingency in the amount of $22,315 for a total project cost of $468,618. For Against Abstained Amy Martinez (Moved By) x Linda Olson (Seconded By) x Laurett Barrentine x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Page 7 of 9 Draft Page 10 of 71 City Council Regular February 20, 2018 Motion CARRIED. iv) WWTP Anaerobic Digester No. 2 (AD2) Roof Repair Project Moved by Council Member Amy Martinez Seconded by Council Member Cheryl Wink Motion to approve a contract with Casey Construction, LLC., for the Anaerobic Digester No. 2 (AD2) Roof Repair Project for the repair of the digester dome cover and gas seal, in the amount of $458,810 and approve a 5% change order contingency in the amount of $22,940 for a total project cost of $481,750. For Against Abstained Amy Martinez (Moved By) x Linda Olson x Laurett Barrentine x Rita Russell x Cheryl Wink (Seconded By) x Dave Cuesta x 6 0 0 Motion CARRIED. 12 General Discussion The meeting recessed at 9:02 p.m. for a break. The meeting reconvened at 9:09 p.m with all Council Members present. a) Mayor's Choice i) 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). Moved by Council Member Rita Russell Seconded by Council Member Amy Martinez TO MOVE INTO EXECUTIVE SESSION WITH THE CITY ATTORNEY TO RECEIVE LEGAL ADVICE ON SPECIFIC LEGAL QUESTIONS UNDER C.R.S. SECTION 24-6-402(4)(b). For Against Abstained Amy Martinez (Seconded By) x Linda Olson x Laurett Barrentine x Rita Russell (Moved By) x Page 8 of 9 Draft Page 11 of 71 City Council Regular February 20, 2018 Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. The meeting recessed at 9:10 p.m. to go into Executive Session. The meeting reconvened at 9:44 p.m. with all Council Members present. Moved by Council Member Linda Olson Seconded by Council Member Laurett Barrentine TO CLOSE THE EXECUTIVE SESSION. For Against Abstained Amy Martinez x Linda Olson (Moved By) x Laurett Barrentine (Seconded By) x Rita Russell x Cheryl Wink x Dave Cuesta x 6 0 0 Motion CARRIED. b) Council Members' Choice 13 City Manager’s Report 14 City Attorney’s Report 15 Adjournment MAYOR PRO TEM RUSSELL MOVED TO ADJOURN. The meeting adjourned at 9:54 p.m. City Clerk Page 9 of 9 Draft Page 12 of 71 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Stephanie Carlile DEPARTMENT: City Clerk's Office DATE: March 5, 2018 SUBJECT: 2018 Special Election IGA with Arapahoe County DESCRIPTION: 2018 Special Election IGA with Arapahoe County RECOMMENDATION: Staff recommends that Council approve a Bill for an Ordinance for an Intergovernmental Agreement between the City of Englewood and Arapahoe County for the May 22, 2018 Special Municipal Election. IGA's must be approved by Ordinance in conformance with Charter Section 79. PREVIOUS COUNCIL ACTION: On February 12, 2018, City Council passed Resolution No. 11 establishing May 22, 2018 for a Special Election for the voters of City Council District 1 to elect an individual to serve the remainder of the term (November 2019) of the City Council seat vacated by Joe Jefferson . SUMMARY: The City Council has called a special election for May 22, 2018, for the election of City Council District 1 seat. The City Council has asked staff to carry out the special election in conformance with state law, Englewood Charter, and best financial practices. The City Clerk's office has sought the cooperation of Arapahoe County to provide specific election services, including, but not limited to: • providing a list of registered voters eligible to vote in the special election • contracting with a vendor to print and send mail ballot packets to every active registered voter eligible to vote in the special election • mail packets to all active overseas and military voters eligible to vote in the special election • provide empty ballot storage containers, numbered seals, tabletop voting booths, 24 hour box keys • conduct and oversee the process to open, scan and tabulate ballots, including providing the necessary equipment, adequately trained personnel, and secure facility, and report unofficial elections results after tabulating all ballots. ANALYSIS: Arapahoe County has agreed to provide limited, specific services for the Special Municipal Election. While Arapahoe County will not conduct, supervise or oversee the special election, utilizing the resources of Arapahoe County is the most fiscally prudent manner to carry out the Page 13 of 71 special election. The purpose of the Intergovernmental Agreement is to define the relationship between Arapahoe County and the City of Englewood concerning the specific services to be provided by Arapahoe County for the City's Special Election to be held on May 22, 2018. FINANCIAL IMPLICATIONS: Utilizing the established resources of Arapahoe County provides the most fiscally prudent manner to carry out the special election, incorporating both the voting by mail process and the in person voting to occur on May 22, 2018. The cost estimate attached is specifically for the limited services we are contracting with Arapahoe County. There will be other election expenses accrued for services not provided by Arapahoe County (Election Judge salary/expenses, Advertising/Noticing, Election Supplies/Forms, Scanning equipment, ballot security, and staff overtime). ATTACHMENTS: Ordinance Intergovernmental Agreement by and between the Board of County Commissioners of Arapahoe County, Colorado, and the City Englewood, Colorado. Attachment A - Cost Estimate Page 14 of 71 1 BY AUTHORITY ORDINANCE NO. ___ COUNCIL BILL NO. 8 SERIES OF 2018 INTRODUCED BY COUNCIL MEMBER _______________ A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE ARAPAHOE COUNTY CLERK AND RECORDER AND THE CITY OF ENGLEWOOD, COLORADO, ALLOWING ARAPAHOE COUNTY TO ASSIST IN CONDUCTING A SPECIAL ELECTION ON MAY 22, 2018. WHEREAS, On February 12, 2018, the City Council passed Resolution No. 11 establishing May 22, 2018 for a Special Election for the voters of City Council District 1 to elect an individual to serve the remainder of the term of the City Council seat vacated by Joe Jefferson (November of 2019); WHEREAS, Arapahoe County and the City of Englewood have determined that it is in the best interest of the taxpayers and the electors for Arapahoe County to assist in conducting a special election for the City of Englewood on May 22, 2018; WHEREAS, the ordinance shall further authorize the election official for the City of Englewood to execute this Agreement, and carry out the terms of this Agreement; and WHEREAS, Arapahoe County and the City of Englewood desire to set forth their respective responsibilities for the carrying out the Special Election pursuant to the Intergovernmental Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The “Intergovernmental Agreement between Arapahoe County Clerk and Recorder and City of Englewood Arapahoe County to assist in conducting a Special Election on May 22, 2018” including its Attachment A – Cost Estimate, is attached hereto as “Exhibit A”. The Intergovernmental Agreement for Special Election assistance is hereby accepted and approved by the Englewood City Council. Section 2. The City’s designated election official is the City Clerk, who is hereby authorized to sign said Agreement for and on behalf of the City of Englewood, and take such actions as are necessary to fulfill the terms of the Agreement. Introduced, read in full, and passed on first reading on the 5th day of March, 2018. Published by Title as a Bill for an Ordinance in the City’s official newspaper on the 8th day of March, 2018. Page 15 of 71 2 Published as a Bill for an Ordinance on the City’s official website beginning on the 7th day of March, 2018 for thirty (30) days. , Mayor ATTEST: Stephanie Carlile, City Clerk I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 7th day, of March 2018. Stephanie Carlile Page 16 of 71 Page 1 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made by and between the Board of County Commissioners of the County of Arapahoe, State of Colorado, on behalf of the Arapahoe County Clerk and Recorder (hereinafter referred to as the "County" or “Arapahoe County” and City of Englewood (hereinafter referred to as the “City" or “City of Englewood”) (hereinafter collectively referred to as the “Parties”); and WHEREAS, the City of Englewood is conducting a municipal special election on May 22, 2018 pursuant to Title 31, Article 10 and the special election is being supervised and conducted by the City of Englewood itself and the designated election official will be the Englewood City Clerk; and WHEREAS, the City of Englewood has requested Arapahoe County to provide specific services and assistance during its special election; and WHEREAS, Arapahoe County has agreed to provide the specific election services requested as outlined below but is not otherwise conducting, participating in or ensuring the overall conduct of the City’s special election; and WHEREAS, pursuant to Colorado Constitution, Article XIV, Section 18 and C.R.S. § 29-1-203, Arapahoe County and the City of Englewood have the legal authority to contract with each other to provide any function, service, or facility lawfully authorized to each, and any such contract may provide for the payment of costs, or other matters, for the purposes stated hereinafter. NOW, THEREFORE, for and in consideration of the mutual promises, performances, payments, and other things of value given, and under authority of C.R.S. § 29-1-203, the Parties hereto agree as follows: SECTION I. PURPOSE AND GENERAL MATTERS 1.01 The purpose of this Intergovernmental Agreement is to define the relationship between Arapahoe County and the City of Englewood concerning the specific services to be provided by Arapahoe County for the City’s special election to be held on May 22, 2018. 1.02 The parties agree that Arapahoe County will not conduct, supervise or oversee the special election, which will be conducted by the City of Englewood directly, with the City Clerk as the designated election official. SECTION II. SCOPE OF SERVICES AND OBLIGATIONS 2.01 ARAPAHOE COUNTY SERVICES. The County shall provide the following services: Page 17 of 71 Page 2 A. Upon receipt of request, send to the City via secure FTP transfer a certified list of registered voters eligible to vote in the special election. B. Upon receipt of the certified ballot content from the City in electronic format, the County will provide the text layout of the official ballot using the City’s certified content. The County will provide an electronic proof of the ballot to the City’s designated election official via email for written approval prior to final production. C. Conduct a logic and accuracy test on or before April 7, 2018 to verify the accuracy of the electronic vote tabulation equipment. A logic and accuracy test is a test of all tabulation equipment to test ballots by processing a pre-audited group of ballots to ensure the accuracy of the tabulation system and equipment. D. Contract with a vendor to print and send mail ballot packets to every active registered voter eligible to vote in the City’s special election. The mail ballot packet means the packet of information provided by the City’s designated election official to eligible electors in the election. The packet shall contain the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope. E. Mail ballot packets will be mailed to all active registered overseas and military voters who are eligible to vote in the special election on or before April 7, 2018 and to all other active registered voters who are eligible to vote in the special election on or before April 30, 2018. F. Provide empty ballot storage containers, numbered seals, tabletop voting booths, set of 24-hour box keys, and “I Voted” stickers. a. The 24-hour box keys will be for the ballot return box located at Englewood Civic Center, 1000 Englewood Pkwy., Englewood, CO 80110. G. Upon receipt of the ballots from the City on May 23, 2018, conduct and oversee the process to open, scan, and tabulate ballots, including providing the necessary equipment, adequately trained personnel, and secure facility to accomplish this task. H. Provide to the City on or about May 23, 2018, the unofficial election results and reports at the conclusion of the tabulation of all ballots. I. Conduct a recount of the ballots cast if requested by the City for any reason. The cost of the recount will be an additional charge to the City. J. Official results will be provided on or about May 31, 2018 and all ballots and election materials will be returned to the City’s designated election official. K. Keep a careful and accurate accounting of time, supplies, printing costs and salaries attributable to the County’s assistance and services provided for the special election. L. Submit to the City an itemized invoice for all expenses incurred under this Intergovernmental Agreement. Page 18 of 71 Page 3 2.02 CITY OF ENGLEWOOD OBLIGATIONS. The City agrees to the following obligations: A. Determine the title and text of the City’s ballot races, measures and/or issues. Determine the order of candidates in each race by lot drawing, or if applicable, city/town charter. B. Submit the City’s certified ballot content, verbatim, as it should appear on the ballot for the City’s races, questions and issues to the County. Submit the ballot content via email to chenage@arapahoegov.com on or before March 23, 2018. Format the ballot content in a Microsoft Word document in plain text; do not include bold, italic, underline, bullets, tables, strikethrough or indentation. C. Within one business day of receipt from the County, the City will proofread the layout and the text of the official ballot and provide written notice of acceptance to the County via email to chenage@arapahoegov.com. D. On May 23, 2018, deliver to the Arapahoe County Election Warehouse, 5251 S. Federal Blvd., Littleton, CO 80123, the initial batch of returned mail ballot envelopes for opening, scanning and tabulating. On May 30, 2018, deliver to the Arapahoe County Election Warehouse the final batch of returned mail ballot envelopes that are eligible to be counted and tabulated as part of the special election results. E. Respond to all correspondence and calls for any matters pertaining to the County’s services to be provided concerning the City’s special election. F. Notify the County whether a recount is required or desired. The City shall reimburse the County for the full cost of the recount. G. Remit to the County the total payment for the all election services and expenses provided under this Intergovernmental Agreement within sixty (60) days from the date of receipt of an invoice from the County. SECTION III. TERMINATION OF SERVICES 3.01 In the event that the City resolves not to hold the special election, notice of such resolution shall be provided to the County immediately. The City shall be liable for the full actual costs of the activities of and services provided by the County relating to the election incurred before receipt of such notice and activities of the County relating to cancelling the election after the receipt of such notice. 3.02 Arapahoe County and the City of Englewood shall each have the right to terminate this Intergovernmental Agreement at any time and for any reason, with or without cause, by giving written notice to the other party of such termination and specifying the effective date thereof, provided Page 19 of 71 Page 4 however that the City shall be liable for the full actual costs of the activities of and services provided by the County relating to the election incurred before issuance of a termination notice. SECTION IV. MISCELLANEOUS 4.01 NOTICES. Any and all notices required to be given by this Agreement are deemed to have been received and to be effective: (1) three days after they have been mailed by certified mail, return receipt requested; (2) immediately upon hand delivery; or (3) immediately upon receipt of confirmation that an email or fax was received; to the address of a Party as set forth below or to such Party or addresses as may hereafter be designated in writing: To County: Jennifer Morrell Arapahoe County Clerk and Recorder’s Office Elections Division 5334 S. Prince St. Littleton, Colorado 80120 Fax: (303) 794-4625 Email: jmorrell@arapahoegov.com To Jurisdiction: Stephanie Carlile City of Englewood City Clerk 1000 Englewood Parkway Englewood, CO 80110 Fax: 303-783-6896 Email: scarlile@englewoodco.gov 4.02 LIMITATION OF LIABILITY. The City agrees to waive any rights it maintains against Arapahoe County and its officials, agents and employees and to release Arapahoe County and its officials, agents and employees from any and all liability, claims, demands or actions or causes of action whatsoever that it now has or may hereinafter have arising out of, resulting from, or relating to the services provided pursuant to this Intergovernmental Agreement. In no event shall Arapahoe County be liable to the City, or any other person, for any consequential, incidental, direct, indirect, special and/or punitive damages or any other damages arising out of this Intergovernmental Agreement or in any way relating to the services provided. 4.03 TERM OF AGREEMENT. This Intergovernmental Agreement shall commence upon execution and shall continue until all services and obligations set forth concerning the City of Englewood’s special election have been satisfied and concluded. Page 20 of 71 Page 5 4.04 AMENDMENT. This Agreement may be amended only in writing, and following the same formality as the execution of the initial Agreement. 4.05 INTEGRATION. The Parties acknowledge that this Agreement constitutes the sole and entire Agreement between them relating to the subject matter hereof and that no Party is relying upon any oral representation made by another Party or employee, agent or officer of that Party. 4.06 TIME OF ESSENCE. Time is of the essence for this Agreement. Failure to comply with the terms of this Agreement and/or the deadlines in Attachment B may result in termination of this Agreement. 4.07 GOOD FAITH. The parties shall implement this Agreement in good faith, including acting in good faith in all matters. 4.08 NO WAIVER OF GOVERNMENTAL IMMUNITY ACT. The Parties understand and agree that the County, its commissioners, officials, officers, directors, agents, and employees, are relying on, and do not waive or intend to waive by any provisions of this Agreement, the monetary limitations or any other rights, immunities, protections or defenses provided by the Colorado Governmental Immunity Act (the “CGIA”), §§ 24-10-101 to 120, C.R.S., or otherwise available to the County or the City. To the extent the CGIA imposes varying obligations or contains different waivers for cities and counties, both the City and the County agree that they will remain liable for their independent obligations under the CGIA, and neither party shall be the agent of the other or liable for the obligations of the other. 4.09 NO THIRD PARTY BENEFICIARIES. The enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the County and the City, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person under such Agreement. 4.10 GOVERNING LAW: JURISDICTION AND VENUE. Unless otherwise agreed in writing, this Agreement and the interpretation thereof shall be governed by the laws of the State of Colorado. Venue for any and all legal actions arising under this Intergovernmental Agreement shall lie in the District Court in and for the County of Arapahoe, State of Colorado. Page 21 of 71 Page 6 4.11 SEVERABILITY. Should any provision of this Agreement be determined by a court of competent jurisdiction to be unconstitutional or otherwise null and void, it is the intent of the parties hereto that the remaining provisions of this Agreement shall be of full force and effect. 4.12 ATTACHMENTS. The following attachments are incorporated herein by this reference. Attachment A - Cost Estimate END OF PAGE Page 22 of 71 Page 7 Arapahoe County _______________________________________ _____________________ Matt Crane Date Clerk and Recorder City of Englewood _______________________________________ _____________________ Stephanie Carlile, Designated Election Official Date City Clerk Page 23 of 71 Jurisdiction's Share of Total Election Costs Based On: Total Jurisdiction Active Registered Voters 4,700 Election Expenses Incurred for2018 Special Election Total Cost Mail Ballot Processing Costs Total Cost Ballot Processing Election Judge salaries 250.00$ Mail ballot processing computers/laptops -$ Ballotsecurity teams fleet vehicle rental costs -$ Ballot processing location rental fees & utilities -$ Communications/network Ballot processing set up support (technical, equipment)-$ Travel to Ballot Vendor for ballot inspection -$ UOCAVA email vendor/ballot processing -$ Total 250.00$ Other costs attributable to Admin/VSPC's/Mail Ballot Processing Total Cost Cell phone use/stipend -$ Mileage/parking reimbursement -$ Supplies (signage, seals, pens, forms, etc.)15.00$ Transfer cases (tubs) and portable ballot boxes -$ Security costs/video surveillance (not drop-box)-$ Security personnel costs -$ CBI background checks for Election Judges/temp staff -$ Drug tests for Election Judges/temp staff -$ Total 15.00$ Ballot Printing, Programming & Insertion Total Cost Ballot printing (mail, provisional, test ballots)1,400.00$ Shipping/freight 200.00$ ATTACHMENT A - COST ESTIMATE City of Englewood SPECIAL ELECTION Page 24 of 71 Outgoing/return envelopes and secrecy sleeves 3,150.00$ Voter instructions 400.00$ Provisional ballot affidavits and envelopes -$ UOCAVA envelopes -$ Ballot insertion and mailing fees 1,300.00$ Ballot tracking application Total 6,450.00$ Postage Total Cost Mail ballots - initial mailing 2,500.00$ Daily/supplemental ballot mailing -$ Cure/rejection letters -$ 8 Day letter -$ Mailing ballots to other counties -$ Undeliverable ballots -$ TABOR Notice Postage -$ Total 2,500.00$ Election Notices Total Cost Statutory Notice of Election -$ Ballot issue notice (TABOR) - printing & production -$ Total -$ Total Election Expense 9,215.00$ Page 25 of 71 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Dan Long DEPARTMENT: Public Works DATE: March 5, 2018 SUBJECT: ServiCenter Front Gate Relocation and Security Upgrade DESCRIPTION: ServiCenter Front Gate Relocation and Security Upgrade RECOMMENDATION: Staff recommends Council approve, by motion, a contract with DH Pace Door Services Group, in the amount of $139,851.25 for the relocation of front gate at the Englewood ServiCenter. PREVIOUS COUNCIL ACTION: In the January 17, 2017 City Council was presented with the project for the new fuel island at the ServiCenter by Pat White, the Fleet Manager at that time. The 2017 budgeted amount for total project was $1.3M. Listed under the Financial Impact section, item A., of the Council Communication included the projected cost of the gate relocation at $175,000. ANALYSIS: Security Access Control needs to be included in the project to provide the required security. Security Central, who is our current security contractor, has presented a proposal to install the needed security equipment to provide this access control for $24,073.61. Total cost for the gate relocation is $163,924.86. FINANCIAL IMPLICATIONS: 2017 Budgeted: $175,000 Actual Cost: $163,924.86 The ServiCenter Fund balance is approximately $1.16M ATTACHMENTS: SC Front Gate Relocation Contract Approval Summary Contract Agreement Number CFS/17-43 and Schedule A Statement of Work 2017.DHP.GSA_AllegionContract.FINAL ET Tech Gate replacement proposal COE Savings with DhPace GSA DH Pace Certificate of Liability Insurance DH Pace Front Gate Proposal Page 26 of 71 2018 Budget page 328, ServiCenter Fund Jan 17 2017 Council Communication Page 27 of 71 Contract Approval Summary V10/25/2017 Page | 1 Contact Identification Information (to be completed by the City Clerk) ID number:Authorizing Resolution/Ordinance: Recording Information: City Contact Information Staff Contact Person: Dan Long Phone: 303-762-2532 Title: Facilities & Operations Manager Email: dlong@englewoodco.gov Vendor Contact Information Vendor Name: DhPace Vendor Contact: John Steele Vendor Address: 420 Monaco St Vendor Phone: 303-783-3667 City: Denver Vendor Email: john.steele@dhpace.com State: CO Zip Code: 80216 Contract Type Contract Type :Construction Agreement Description of ‘Other’ Contract Type: Description of Contract Work/Services: Attachments: ☒Contract -- ☐Original ☐Copy ☐Addendum(s) ☐Exhibit(s) ☐Certificate of Insurance Summary of Terms: Start Date: TBD End Date:Total Years of Term: N/A Total Amount of Contract for term (or estimated amount if based on item pricing):$ 139,851.25 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: Payment terms (please describe terms or attach schedule if based on deliverables): Payment in Full upon Project Completion and Acceptance Attachments: ☐Copy of original Contract if this is an amendment ☐Copies of related Contracts/Conveyances/Documents Relocation and upgrade of the front entry gate at the ServiCenter Page 28 of 71 Contract Approval Summary V10/25/2017 Page | 2 Source of funds: Budgeted Funds: $ 175,000 Line Item Description:Line Item Total Funding: $ Portion of Line Item spent to date: $ Funding Source:Fund:61 ServiCenter Fund Division Code:61301 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 Initial quote received for the project was with ET Technologies who was the contractor who did the new Fuel Island. His quote was for $175,960. Please see attachment: ET Tech Gate replacement proposal Vendor has Government Services Agreement Contract, #GS-07F-036T Please see attachments: 2017.DHP.GSA_AllegionContract.FINAL COE Savings with DhPace GSA Page 29 of 71 Page 30 of 71 X Page 31 of 71 Page 32 of 71 Page 33 of 71 Page 34 of 71 Page 35 of 71 Page 36 of 71 Page 37 of 71 Customer Advisory ALLEGION GSA CONTRACT WHAT IS THE PURPOSE OF A GSA SCHEDULE? A GSA schedule is a pre-approved price list for use by any Federal buyer or Government entity. Cooperative Purchasing allows these entities to purchase from GSA Schedule 84, offering innovative solutions to their security and safety needs, using any funds available. Ordering from this contract will shorten the procurement process and timeline for issuing contracts using pre-negotiated pricing. WHO IS ELIGIBLE? • K-12 School Districts • Colleges & Universities • Cities/Municipalities/Townships • Public Authorities • Tribal Government • Federal Government (Military) • Regional or Interstate Government Entities • State and County Agencies HOW CAN I BECOME A MEMBER? You are automatically qualified to order through GSA Schedule 84. USING THE ALLEGION GSA CONTRACT 1. Utilize GSA Schedule GS-07F-0326T At least one item from the following Special Item Number (SIN) groups must be listed on your PO to receive GSA pricing on entire order. • 246-35(2) Access control systems, door entry control by touch access, dial, digital, keyboard, keypad • 246-35(4) Access control systems, emergency exit door access/alarm systems for security and/or fire safety • 246-36 Locking Devices • 246-42(1) Facility management systems, security functions including access control, fire detection, intrusion • 246-1000 Ancillary services, planned preventive maintenance of security systems, assessment of existing security systems • 246-51 Installation of security/facility management systems requiring construction • 246-52 Professional security/facility management services 2. Valid in all 50 States 3. Contact your Sales Representative at DH Pace for a quote 4. Email PO to SecuritySolutions@DHPace.com Please contact your Sales Representative for inquiries. DH Pace Security Solutions Group: SecuritySolutions@DHPace.com • (855) 237-3667 Page 38 of 71 www.DHPace.com COMMERCIAL AND RESIDENTIAL DOORS SALES • INSTALLATION • SERVICE PRODUCTS COMMERCIAL OVERHEAD DOORS • Sectional Doors • Fire Rated Doors • Security Grilles • Rolling Service Doors • High Speed Doors • Rolling Counter Doors INDUSTRIAL, HIGH SPEED & SPECIALTY DOORS • Cooler Doors • Automated Gate Systems • Air Curtains • Sliding Doors • Traffic Doors • Hangar Doors • Bug Barrier/Screens • Bullet/Blast Doors • Security Gates • Special Application Doors • Impact-Resistant Glass LOADING DOCK EQUIPMENT • Dock Levelers • Seals & Shelters • Vehicle Restraints • In-Plant Equipment • HVLS Fans ENTRY DOOR SYSTEMS & AUTOMATIC DOORS • Doors & Frames • Automatic Door Assemblies • Finish Hardware • Specialty Products • Electronic Security ELECTRONIC SECURITY & GATE SYSTEMS • Access Control • Parking Revenue Systems • Intrusion Alarms • Automated Gate Systems • Surveillance • Wireless & IP Solutions RESIDENTIAL HOME SOLUTIONS • Garage Doors • Garage Storage & Cabinetry • Garage Openers • Keypads & Accessories • Entry Doors • Digital Home Automation • Patio Doors • Entrance & Security Gates • Storm Doors • Multi-Family Access Control • Garage Screens • Carport Enclosures • Garage Flooring SERVICES STANDARD SERVICES & REPAIRS • Emergency Repair Service • Planned Maintenance Programs • Parts Sales & Service • Product Installation & Distribution PLANNED MAINTENANCE PROGRAMS • Customized Planned Maintenance Programs available for all product offerings by DH Pace INSPECTION & TESTING SERVICES • Fire & Smoke Code (NFPA 80 & NFPA 105) • Emergency Egress Code (NFPA 101) • Handicapped Accessibility (ANSI A117.1) • Automatic Pedestrian Door Safety (AAADM) • Infection Control Risk Assessment (ICRA Class 1) • Industry Standards (AIB, JCAHO, HFAP, UL 325) SITE ASSESSMENT SURVEYS • Mechanical Key Systems • Electronic Security Systems • Energy Audits • School/Campus Safety FACILITY STANDARDS CONSULTING • Construction Specifications • Facility Standards for Repair & Replacement • End-User Training 04/2017 DHP-CA-GSA1 DH Pace offers specialized, technical expertise for a complete range of dock and door related products and services. The Company provides sales, installation and service in the new construction and existing facility marketplace. DH Pace currently operates locations across the United States under a variety of local market names and through its network of Company- owned locations. Copyright © DH Pace Company Inc. 2017 All Rights Reserved. NM LIC #366998, GS06, ES03 • NM LIC #380246, GS06, ES03 • NM LIC #380247, GS06, ES03 • AZ ROC #270220 CR-60 • AZ ROC #183892 CR-60 • AZ ROC #184002 CR-67 • AZ ROC #296201 B-01 • NV LIC #0057441 • NV LIC #0071664-C3 • FL LIC #CBC1259220 Page 39 of 71 Daniel Lon From: Sent: To: Subject: Clellan Pearce <clel|an@ettechinc.net> Tuesday,August 22,2017 9:55 AM Larry Nimmo;Daniel Long Gate replacement proposal Hi Larry, E.T.proposes to perform the following items of work for the lump sum price of$175,960.00.(Total added contract amount $166,232.00 see item 1.Below) Cost includes the following items. ll 2) 3) 4) 5) 5) 7) 8) Permit fees and additional bond cost for the added Contract amount of$166,232.00 (There is $10,168.00 remaining on our existing contract). Demolish old gate and 110 If of fence and install 6 feet tall 290 LF of new 9 Gauge fence with 3 strands of barbed wire to connect to new gate location install all concrete pads,island,and curb and gutter at the new gate location Install new gate and new security system Saw cut and trench for electrical conduits to new gate location Install required conduits and two spares from building to new gate location for power and communication for gate and security systems Backfilltrenching to asphalt grade Remove and dispose of asphalt and 1 large tree Others are to: 1) 2) Perform all surface work (asphalt)at the old gate area. Install all asphalt surfacing at new gate area and trenching patching. Thanks for the opportunity to provide this proposal. Clellan Pearce ,;zm.£m~e President E.T.Technologies,Inc. Page 40 of 71 Colorado Springs Office Denver Office Loveland Of?ce ‘‘1935 Victor Place,Suite E 4200 Monaco Street 546 S.E.8th Street,Bldg.D,#12BHColoradoSprings,CO 80915 Denver,CO 80216 Loveland,CO 80537 719-572-5548 303-7833667 970-663-2001EverythingDoorsSince1926 DHPaceColorado.com CONTRACT PROPOSAL Overhead Doors -Entry Doors -Automatic Door Systems -Dock Equipment -Preventive Maintenance BUYER (and billing address if different from site):PROJECT (site address): City of Englewood Automated Gate Systems 2800 S.Platte River Drive Englewood CO 801 10 Submitted To:Dan Long Facilities Manager 303.994.4202 dIong@engIewoodgov.ong Submitted By:Gary Lombard Key Account Representative 303.356.1763 GaIy.lombard@dhpaoe.oom Proposal date:February 13,2018 -0 Thankyou for the opportunity to quote the following Clari?cationto Contract Value ofGSAContract -$139i851.44 Total cost ofproject IF NOTsoId under GSA Contract -3 I 58,036.44 Savings =$12,247.67 The proposal described herein,including all price(s)quoted,is made conditionally upon Buyer's continued credit status and must be accepted by Buyer as made by Seller.To accept this Proposal,Buyer must date,sign and return the original copy hereof to Seller within 30 days after the date hereof.Unless expressly disclosed and stated,the amount of any sales and use tax is not included in this proposal. Buyer acknowledges and agrees that each and all of the terms and conditions on Attachment A (TERMS AND CONDITIONS)are a part of this Proposal and that upon Buyers acceptance of this Proposal shall constitute a valid and binding contract between the parties and all prior proposals.discussions and agreements respecting the subject matter hereof are cancelled.DEPOSIT ON SPECIAL ORDER ITEMS IS NON-REFUNDABLE. BUYER ACCEPTANCE TYPE OR PRINT NAME OF BUYER ACCEPTANCE DATE:I I SIGNATURE of:El Owner El Partner El Ot?cer (indicate which)(MM I DDI YYYY) 20/4DCP(999)~Rev.12/12 Copyright ©DH Pace Company,Inc.2012 -All Rights Reserved Page 1 of 2 Page 41 of 71 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOS AUTOS ONLY NON-OWNED SCHEDULED OWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE RETENTION $DED $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY Willis of Greater Kansas, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA D.H. Pace Company, Inc. (See Attached Named Insured Schedule) 1901 East 119th St Olathe, KS 66061 City of Englewood is listed as an additional insured per written contract. ~ Job: Civic Center - 4 Turnstiles, #CFS/17-37.Additional Insured status applies to General (CG2033) and Auto Liability coverage with as shown on certificate or amount required in executed contractual agreement, whichever is less, subject to the insurance contract. Insurance, Except Workers' Compensation and Employer's Liability, is Primary & Non-Contributory; Severability of Interests applies and subject to the insurance contract, and subject to applicable state laws. Blanket Waiver of Subrogation is included if required by contract, subject to the insurance contract and as per permitted by City of Englewood 1000 Englewood Parkway Englewood, CO 80110 12/28/2017 1-877-945-7378 1-888-467-2378 certificates@willis.com Zurich American Insurance Company 16535 W4912862 A 1,000,000 1,000,000 10,000 1,000,000 2,000,000 2,000,000 Y Y GLO 0274505-00 01/01/2018 01/01/2019 A 2,000,000 01/01/201901/01/2018YYBAP 0274502-00 WC 0274503-00AY 1,000,000No01/01/2018 01/01/2019 1,000,000 1,000,000 55349615472856SR ID:BATCH: Page 1 of 2 Page 42 of 71 ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD © 2008 ACORD CORPORATION. All rights reserved. THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER:FORM TITLE: ADDITIONAL REMARKS ADDITIONAL REMARKS SCHEDULE Page of AGENCY CUSTOMER ID: LOC #: AGENCY CARRIER NAIC CODE POLICY NUMBER NAMED INSURED EFFECTIVE DATE: D.H. Pace Company, Inc. (See Attached Named Insured Schedule) 1901 East 119th St Olathe, KS 66061 law. Nothing herein is intended to, or should be interpreted to, insert terms from outside contracts into the certificate of insurance document. 2 2 Willis of Greater Kansas, Inc. See Page 1 See Page 1 See Page 1 See Page 1 25 Certificate of Liability Insurance W4912862CERT:553496BATCH:15472856SR ID: Page 43 of 71 1 of 1 D.H. Pace Company, Inc. Named Insured Schedule Associated Primary Address(es) ABC Doors of Dallas, a D.H. Pace Company, Inc.10460 Shady Trail, Ste. 100, Dallas, TX 75220 Ameridock, a D.H. Pace Company, Inc.221 Armour Drive, Atlanta, GA 30324 Ankmar, a D.H.Pace Company, Inc.4200 Monaco St., Denver, CO 80216 Bi-State Loading Dock Specialists, a D.H. Pace Company, Inc.12046 Lackland Rd., Maryland Heights, MO 63146 D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 20208 87th Avenue S, Kent, WA 98031 2102 W. 14th Street, Tucson, AZ 85719 616 W. 24th St., Tempe, AZ 85282 D.H. Pace Construction Services, a D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 221 Armour Drive, Atlanta, GA 30324 D.H. Pace Door Services, a D.H.Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 4200 Monaco St., Denver, CO 80216 5217 SW 23rd Street, Oklahoma City, OK 73128 15275 Cooper Street, Suite B, Omaha, NE 68138 33rd Street Industrial Center #1, Orlando, FL 32811 10460 Shady Trail, Ste. 100, Dallas, TX 75220 221 Armour Drive, Atlanta, GA 30324 4023 Urbandale Avenue, Des Moines, IA 50310 2920 Grandview Dr., Simpsonville, SC 29680 15 Walden Drive, Unit 101, Arden, NC 28704 920 Crafters Lane, Pineville, NC 28134 D.H. Pace Facilities Group, a D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 2146 E. Pythian, Springfield, MO 65802 D.H. Pace National Accounts Group, a D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 D.H. Pace Systems Integration, a D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 9205 W. Russell Road, Bldg #3 Suite 240, Las Vegas, NV 89148 221 Armour Drive, Atlanta, GA 30324 E. E. Newcomer Enterprises, Inc.1901 E. 119th St., Olathe, KS 66061 EEN Leasing, Inc. 1901 E. 119th St., Olathe, KS 66061 EEN Real Estate, Inc. 1901 E. 119th St., Olathe, KS 66061 HBD Technology, a D.H. Pace Company, Inc.3506 West Harry, Wichita, KS 67213 King Door, a D.H. Pace Company, Inc.1802 Abutment Rd, Dalton, GA 30721 Overhead Door Company of Albuquerque, a D.H. Pace Company, Inc.5656 Pasadena Ave. NE, Albuquerque, NM 87113 Overhead Door Company of Atlanta, a D.H. Pace Company, Inc.221 Armour Drive, Atlanta, GA 30324 Overhead Door Company of Blue Springs, a D.H. Pace Company, Inc.718 NW Hwy 7, Blue Springs, MO 64015 Overhead Door Company of Central Arizona, a D.H. Pace Company, Inc.616 W. 24th St., Tempe, AZ 85282 Overhead Door Company of Central Missouri, a D.H. Pace Company, Inc.1313 Grand Ave., Columbia, MO 65203 Overhead Door Company of Colorado Springs, a D.H. Pace Company, Inc.1205 Ford St., Colorado Springs, CO 80915 Overhead Door Company of Columbia, a D.H. Pace Company, Inc.1313 Grand Ave., Columbia, MO 65203 Overhead Door Company of Four Corners, a D.H.Pace Company, Inc.10 Bisbee Ct., Unit E, Sante Fe, NM 87508 Overhead Door Company of Greater Hall County, GA, a D.H. Pace Company, Inc.2171 Hilton Dr., Gainesvielle, GA 30501 Overhead Door Company of Greenville, a D.H. Pace Company, Inc.2920 Grandview Dr., Simpsonville, SC 29680 Overhead Door Company of Jefferson City, a D.H. Pace Company, Inc. PO Box 106091, Jefferson City, MO 65110 Overhead Door Company of Joplin, a D.H. Pace Company, Inc.3501 W. Red Iron, Joplin, MO 64801 Overhead Door Company of Kansas City, a D.H. Pace Company, Inc.1901 E. 119th St., Olathe, KS 66061 Overhead Door Company of Manhattan, a D.H. Pace Company, Inc.2501 Stagg Hill Rd., Ste. B, Manhattan, KS 66502 Overhead Door Company of Nashville, a D.H. Pace Company, Inc.121 Wheeler St., La Vergne, TN 37086 Overhead Door Company of Northeast Georgia, a D.H. Pace Company, Inc.190 Ben Burton Rd., Ste. E, Bogart, GA 30622 Overhead Door Company of Northeast Kansas, a D.H. Pace Company, Inc.2322 SW 6th Ave., Topeka, KS 66606 Overhead Door Company of Pueblo, a D.H. Pace Company, Inc.19-B Greenhorn Dr., Pueblo, CO 81004 Overhead Door Company of Santa Fe, a D.H. Pace Company, Inc.10 Bisbee Ct., Unit E, Sante Fe, NM 87508 Overhead Door Company of South Central Kansas, a D.H. Pace Company, Inc.3506 West Harry, Wichita, KS 67213 Overhead Door Company of Southwest Illinois, a D.H. Pace Company, Inc.12046 Lackland Rd., Maryland Heights, MO 63146 Overhead Door Company of Springfield, a D.H. Pace Company, Inc.707 N. Grant Ave., Springfield, MO 65802 Overhead Door Company of St. Louis, a D.H. Pace Company, Inc.12046 Lackland Rd., Maryland Heights, MO 63146 Overhead Door Company of the High Country, a D.H. Pace Company, Inc.15 Walden Drive, Unit 101, Arden, NC 28704 Overhead Door Company of Topeka, a D.H. Pace Company, Inc.2322 SW 6th Ave., Topeka, KS 66606 Overhead Door Company of Wichita, a D.H. Pace Company, Inc.3506 West Harry, Wichita, KS 67213 Pinnacle Door Company, a D.H. Pace Company, Inc.419 Bronco Rd., Bloomington, IL 61704 Wade Door Services, a D.H. Pace Company, Inc.920 Crafters Lane, Pineville, NC 28134 Page 44 of 71 COMMERCIAL GENERAL LIABILITY CG 20 33 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CG 20 33 04 13 Insurance Services Office, Inc., 2012 Page 1 of 2 ADDITIONAL INSURED --- OWNERS, LESSEES OR CONTRACTORS --- AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II ---- Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person s or organizations status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change and drawings orders or specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. Page 45 of 71 Page 2 of 2 Insurance Services Office, Inc., 2012 CG 20 33 04 13 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III ---- Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 46 of 71 SECURITY SOLUTIONS CENTER P 855-237-3667 0 F 855~295-0092 E517-lPACE Everything Doors Since 1926 Arizona omc. Sccun|ySclutrnr\sAnxon:l8dhpan:ocom Kanus City Ol?u Se<\mtySo|ulronsKC3dhpa:ecom Springfield Offic- Sc-cunlySoluxicn:.Color.1doEdhpacu.<cm secumysoiuuansspnngnaidoahpm corn SecuntySoluoonsStLouIsGdhpacacom Colorado Office Nebraska Office St.Louis Office Florida Office SacurilySo|uuonsFlorida€dhpacccom New Mexico Of?u Se:unrySo’ulu=nsNebIaslta$dhpace com SecuulySo|ullcrisNcwMexiccGdhpa:e cum smmyseIutimoirahomaaahpace com Tnnnum ofnu Se:untySolunerIsTer\ncs:cu5dhpaw.:om Georgia om“ secumysoruumoumg-acahpace com Oklahoma Office Wichita Office SomntySolutionsWchna0dl*pacecom CONTRACT PROPOSAL Key Systems -Entry Doors -Door Hardware -Access Control -Overhead Doors -Dock Equipment 20/40CP(999KSC)-Rev.07115 Copyright ©DH Pace Company.Inc.2015 -All Rights Reserved BUYER (and billing address if different from site):PROJECT (site address): City of Englewood 1000 Englewood Parkway Englewood CO Submitted To:Dan Long 303-994-4202 DH Pace Key Service Center Rep:Amber Latta 855«237~3667 Amber.Latta@dhpace.com DH Pace Salesperson:John Steele 303783-3667 john.stee|e@dhpace.corn Proposal date:October 11,2017 I am pleased to propose the following material ?umlrhedand installed plus any applicable taxes: Order Total $139,851.25 Item Unit Sell Extended Sell Line#Qty Item Description-notes Item Number Price Price 1 .SIN 246-36 Products -3 - 2 2 Entrance Lock NDSOPD-RHO«626 331.23 8 662.46 3 —~8 - 4 -SIN 246-35 Products -$- 5 1 Door Closer 4040XP-Rw/PA«689 279.97 3 279.97 6 —-3 ~ 7 -Open Market -$- 8 1 Industrial Chain Link Fence 190 LF 72"9 Gage 9,314.68 $9.31458 3 rows of barbed wire on top.7',8-3"terminal posts S840 and other post 2-1/2"line post S840.1-5/8"top rail and 1 man gates 48"wide x Thigh. 9 1 Gate Operating Equipment Model 300.Battery Pack,Photo Eyes 50.11433 3 50,114.33 2 Single Vertical Pivot Gate Systems (18'x 6‘).Loop Detectors,Vehicle Loop 10 1 Conduit,Breakers.Permit 4.20000 S 4200.00 11 1 Standard Gray Concrete Mix.Rebar,Permit 20,612.71 5 20,612.71 12 1 Misc Material 2,969.77 3;2,969.77 13 --S - 14 ..SIN 246-1000 Labor -$- 15 100 Project Manager 1 96.55 $9,655.00 16 80 Service/Maintenance Technician 89.89 $7.19120 Industrial Chain Link Fence.Tear down and haul away away 110 LF of old fence. 17 27 Service/Maintenance Technician 3939 5 142703 Locate motor operators and fasten to mounting posts. Locate and permanently aflix drive arm to gale panel. Install and seal imbedded vehicle loops.Electrical control connections.?nal adjustments and tune up of equipment, Install photo-eye (s). 18 180 ‘‘85.25 $15,345.00installer-Electrician Locate 2 conduits in parking lot and extend lo controller, one power.one data.install conduit to two new gate control motors and card readers.Terminate 120 volt circuit.Install owner provided loop detector.terminate to gate controller.Testing of circuitry. 89.89 17,079.1019190Service/Maintenance Technician 3 Excavating and grading 12 cubic yards.18"curb and gutter at median,30"curb and gutter at islands and roadway.relocate pipes from existing inlet to new inlet. pour and ?nish island infill,install 36'‘thick gate pads. Page 1 of3 Page 47 of 71 T Arizona Office colmdo Office Florida Office G-orgia OffizcDHscwnuysorunansanzonaoahpacecom5ncwrtySolutionsColomdc0dhpa:e corn Soam'lySo|utionsFlor:daGdhp3:ecorn SecvrirySolutiensGeargia?dhpacecam Everything Doors Since 1926 Kansas City Oi?co Nebraska emu Now Mnxico orrrc.Oklahoma Office sezumysnmuansxcaahpm corn SewntySo‘uhonsNcbrzskz?dhpace torn SecurttyioiutionsNewMcxice¢$dhpace com semnnysolummsotianamaoai-pace cam SECURITY SOLUTIONS CENTER sprtngnnld Office 52.Louis om“Tennessee Office wicmu Of?cuP855-237-3667 0 F 855-295-0092 SecuritySo|utions5pnng?eld0dl\pa:ecom Sr.-currtySo|Imans5tLoulsDdhpa:ncom SecuntySo|uuon?unnessee?dhpacecom Se<unty$alutions\Mch:raGdhpa:e com Contract#GS-07F-0326T,Cage#33QG5,Duns#06—574~6984 Payment Terms:2%20 Net 30 Prices quoted are effective for 90 Days FOB Point:Destination GSA Product -No tax,shipping,or handling charges.Ship/Hand charges will only be applied on open market items Send Orders to:SecuritySolutionsColorado@dhpace.com The proposal described herein,including all price(s)quoted,is made conditionally upon Buyer’s continued credit status and must be accepted by Buyer as made by Seller. To accept this Proposal,Buyer must date,sign and return the original copy hereof to Seller within 30 days after the date hereof.Unless expressly disclosed and stated,the amount of any sales and use tax is not included in this proposal. Buyer acknowledges and agrees that each and all of the terms and conditions on Attachment A (TERMS AND CONDlTlONS)are a part of this Proposal and that upon Buyer's acceptance of this Proposal shall constitute a valid and binding contract between the parties and all prior proposals,discussions and agreements respecting the subject matter hereof are cancelled.DEPOSIT ON SPECIAL ORDER ITEMS IS NON-REFUNDABLE. BUYER ACCEPTANCE TYPE OR PRINT NAME OF BUYER ACCEPTANCE DATE:I / SIGNATURE or:3 Owner Cl Partner 3 Of?cer (indicate which)MM/DD/YYYY 2DI4DCF'(999KSC)-Rev.07/15 C0pyright©DH Pace Company.Inc.2015 -All Rights Reserved Page 2 or3 Page 48 of 71 Attachment A:TERMS AND CONDITIONS Terms.The products (“Products")described in this contract and the labor necessary to install the Products ("Labor“)are herein collectively referred to as the "Work". Condition Precedent.Buyer and Seller agree that if,following Buyer's acceptance hereof,a contract is to be executed by them,Seller's performance hereunder shall be subject to the condition precedent that the terms and conditions of such contract are acceptable to Seller. Scope of Work.Seller agrees to perform for Buyer the Work at the Project.Buyer acknowledges and agrees that:(i)the prices quoted by Seller for the Products are based upon plans,speci?cations,verbal information or sketches as indicated herein and the addenda hereto;and (ii)that the Work contemplated under this Proposal is fully and correctly described herein. Unless included in the description of and prices quoted for Products,glass,glazing,painting and electrical wiring is excluded under this Proposal and will be provided only upon receipt of a supplemental order signed by Buyer. Proposal Price.Conditional upon Sellers prior approval of Buyer’s credit,Buyer will pay Seller the unpaid baiance for performance of the Work within 30 days of the date of Seller's invoice.If performance of the Work extends over 30 days,Buyer agrees to pay Seller progress payments under Seller's regular billing terms and if Products have been delivered to the Project or stored in a mutually agreed location,Buyer agrees to pay an amount not to exceed 90%of the Proposal Price in payment of the cost of such Products. If payment of any sum is not made when and as due under this Proposal,Buyer shall pay interest on such delinquent sums at the rate of 1.50%per month or,the highest contract rate allowed under applicable law. if following Buyer's default Seller refers this account to an attorney for collection,Buyer agrees to pay all attorneys’fees incurred by Seller whether or not a lawsuit for collection is instituted,and all other costs of collection and litigation. Contract Time.Installation dates are estimates only and Seller cannot guarantee commencement of Work or completion thereof on any given date. Completion dates cannot be given until Seller has been furnished with complete approved drawings and any additional information it may request.Seller shall not be liable for total or partial failure to complete or for any delay in delivering Products or Labor under this Proposal.Seller shall not be liable in any event for any special or consequential damages on account of failure or delay in performance regardless of cause. Work Performance.Performance of the Work will be made by Seller in a prompt manner but Seller cannot be responsible for damage or delay due to acts of God,accidents,civil disturbances,delays in transportation by common carrier,strikes,war,unavailability of material or other cause beyond the reasonable control of seller. If Products are installed before a ?nished floor is completed,warranty is limited and Seller assumes no responsibility for fitting the Product to the floor.An additional charge may be made to Buyer for returning to the Project for adjustments to the Product. Seller assumes no responsibilities for failure of installation of the Product due to structural deficiencies in an existing building.Buyer shall prepare the Project for installation in accordance with requirements of Seller. it special work,requiring additional material and labor is required to meet conditions other than those speci?cally described in this Proposal,Buyer agrees to pay an additional charge therefore. Seller shall be allowed uninterrupted and exclusive access to the Project during performance of the Work. No Product may be returned without Seller's prior written approval.All Product returned is subject to a minimumof 25%restocking fee. Cancellation.In the event Buyer cancels this Proposal after the Seller has commenced Work,Buyer shall forfeit the amount of the down payment given to Seller at the time of the execution of this Proposal,and in addition,shall pay to the Seller such proportion of the total Proposal Price as the amount of Work bears to the total amount of Work agreed upon to be furnished under this Proposal,plus a sum equal to 25%of the total Proposal Price as liquidated damages,which amount is to be paid within 30 days from the date of such cancellation. In the event of Buyer's insolvency this Proposal shall be cancelled and Seller shall have no further obligations to Buyer hereunder. Insurance.Seller shall carry workmen’s compensation and public liability insurance to cover the Work.Seller shall not be liable to indemnify,hold harmless or protect in any way the Buyer,or any other party involved in the Work,whether an employee of Seller or Buyer or any third party,except to the extent of the workmen’s compensation and public liability insurance maintained by Seller. Buyer shall keep the Project adequately insured against any loss to Seller by reason of damage to Seller's Product or Work or Seller‘vehicles, equipment and tools by vandalism,?re,water,windstorm and any other occurrence during the course of Work. Alterations.Any alterations or modifications initiated by Buyer must be agreed upon between the parties and the price ?xed by them before work on such alteration or modi?cation shall commence.Payment for such alteration or modi?cation shall be made at the time of the completion of the Work. Permits and Licenses.Buyer shall be responsible for securing the necessary permits and licenses for the Work at Buyer’s own cost and expense. Warranties.Seller warrants the Product sold to be free from defects in material and workmanship under normal and intended use and service.This warranty extends only to the Buyer and expires one year after the date of delivery or installation of the Product by Seller. Parts and labor for service work are warranted for the following periods:All replacement parts 90 days;labor-service 30 days.Seller's sole obligation is limited to repairing or replacing any parts which shall be determined by Seller to be defective and is conditioned upon Buyer giving notice of any such defect to Seller within the warranty period.if Seller concludes that repair or replacement is necessary,Seller will commence work within a reasonable time after the decision to repair or replace is made. This warranty does not apply to any Product which has been altered or repaired by any person not authorized by the Seller or which has been subjected to misuse,neglect or accident. Seller assumes no liability for incidental or consequential damages.Warranties implied by law are limited to duration to one year period described above. Wood Products will be guaranteed only if properly protected within 10 days of delivery or installation by Seller with a prime and ?nish coat of manufacturer's recommended paint. No warranty will be honored unless the Proposal Price has been paid in full,including any applicable service charges. Modification of Proposal.Any modification of this Proposal or additional obligation assumed by either party in connection with this Proposal shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Governing Law.It is agreed that this Proposal shall be governed by,construed and enforced in accordance with the laws of the state in which the Project is located. 20I4OCP(999)-Rev.12/12 Copyright©DH Pace Company,Inc.2012 -All Rights Reserved Page 3 of 3 Page 49 of 71 Page 50 of 71 COUNCIL COMMUNICATION Meeting Date:Agenda Item:Subject: January 17,2017 11cii Above ground fuel tanks Initiated By:Staff Source: Department of Public Works Pat White,Fleet Manager PREVIOUS COUNCIL ACTION Passage of 2017 budget with funding budgeted and approved through the Servicenter Fund. RECOMMENDED ACTION Staff recommends Council award by motion the contract to E.T.Technologies Inc.,in _the amount of $629,000.Four bids were received for this project and E.T.Technologies Inc.was the lowest responsible bidder. esign woas leted by Rafael omero,P.E.SPCC.Plan completion will be performed by Brett Redd,P.E.,Storage Tank Technologies,Inc. See attached FAQ sheet for additional information. FINANCIALIMPACT $629,900 for the above ground fuel tank.Funds are available through the Servioenter Fund and were budgeted in the 2017 budget. List of other costs: B.nvrronmeeservecontingency -$100,000 C.Asphalt -$40,000 D.Removal of CNG island -$6,500 E.Engineering and design of both gate and fuel island —$13,500 F.Consultants and inspections -$14,500 G.Construction contingency -$69,000 H.Relocation of medium psi Waste Water Treatment Plant gas line -$12,000 For a total projected cost of -$1,060,400 LIST OF ATTACHMENTS FAQ sheet Scope of work Contract Bid Tab Servicenter aerial photograph Page 51 of 71 COUNCIL COMMUNICATION TO: Mayor and Council FROM: Mark Woulf DEPARTMENT: City Manager's Office DATE: March 19, 2018 SUBJECT: Professional Services Agreement with CliftonLarsonAllen LLP for the Performance Audit of Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation DESCRIPTION: Professional Services Agreement with CliftonLarsonAllen LLP for the Performance Audit of Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation RECOMMENDATION: Staff recommends Council approve the Professional Services Agreement with CliftonLarsonAllen, LLP., in the amount of $30,000 for a performance audit of both the Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation. PREVIOUS COUNCIL ACTION: Council tabled the item at the March 5 Regular Council Meeting. SUMMARY: Both the Englewood Environmental Foundation (EEF) and the Englewood McLellan Reservoir Foundation (EMRF) are quasi-public non-profit corporations. The EEF and EMRF Board of Directors are comprised of city staff that operates the foundation and manages contracts related to the maintenance of land interests. These foundations have been in operation since 1997 and 1999, respectively. Despite the nature of both as separate entities from the City, the City Council has significant authority over appointment of board members, land use decisions, and other major policy issues. While there was original justification for the structure of each entity, there is a need to examine the structure, the effectiveness, and the efficiency of each to provide the Council with policy guidance for the future operations of EEF and EMRF. CliftonLarsonAllen, LLP., is an industry-leader in local government consulting and provides the unique qualifications to deliver an outside perspective on the optimal operating arrangement of each foundation. Their expertise will provide the Council with necessary policy guidance to maximize the City's financial position. ANALYSIS: A performance audit is recommended to provide transparency into the operations of each foundation, to review the soundness of their processes and procedures in the management of assets, and to provide recommendations to maximize their positions. Page 52 of 71 In both situations with the establishment of EEF and EMRF, the creation of the entities allowed for flexibility in acquiring and/or improving land for the betterment of the community while limiting liability. Many years later, the structures of both entities have created confusion and may inhibit the City's ability to maximize the City's financial position. In the case of EMRF, there is no real estate expertise on staff in the city, the City Council approves of all leasing decisions, and a private firm is assisting in the marketing and leasing of the land. The Foundation creates an extra layer of decision-making that should be reexamined. In the case of EEF, the impetus for creation was the clean-up and redevelopment of the former Cinderella City site. The Certificates of Participation on the redevelopment are expiring at the end of 2022. Additionally, EEF manages several contracts for the maintenance of the City Center property or common area maintenance (CAM) and acts as a landlord for several tenants. This Foundation creates another layer of approval and interaction in the current operations and the future of the site and Foundation structure needs to be reexamined. FINANCI AL IMPLICATIONS: There is no direct financial impact to the City. The two organizations have funding available to cover the cost of the audit, not to exceed $30,000. ALTERNATIVES: An in-house assessment of each organization and recommendations from staff on policy direction. CONCLUSION: This provides the best option for Council to have access to relevant and timely policy guidance in two key areas. ATTACHMENTS: Contract Approval Summary Professional Services Agreement Schedule A Page 53 of 71 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: Mark Woulf Phone: 303-762-2314 Title: Assistant City Manager Email: mwoulf@englewoodco.gov Vendor Contact Information Vendor Name: CliftonLarsonAllen, LLP Vendor Contact: Audrey Donovan Vendor Address: 8390 E Crescent Parkway Vendor Phone: 303-793-1453 City: Greenwood Village Vendor Email: Audrey.donovan@CLAconnect.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: 02/21/2018 End Date: 12/31/2018 Total Years of Term: < 1 yr. Total Amount of Contract for term (or estimated amount if based on item pricing): $30,000 If Amended: Original Amount $ Amendment Amount $ Total as Amended: $ Renewal options available: None Payment terms (please describe terms or attach schedule if based on deliverables): Variable hourly rate based on CLA resources, not to exceed total amount of $30,000. Attachments: ☐Copy of original Contract if this is an amendment CliftonLarsonAllen, LLP. (CLA), will perform a performance audit of the Englewood Environmental Foundation and the Englewood McLellan Reservoir Foundation. Page 54 of 71 Contract Approval Summary V10/25/2017 Page | 2 ☐Copies of related Contracts/Conveyances/Documents Source of funds: Budgeted Funds: $30,000 Line Item Description: Professional Services Line Item Total Funding: $ N/A** Portion of Line Item spent to date: $0 Funding Source: Fund: EEF/EMRF Division Code: Note (if needed): **NOTE: Not applicable. EEF and EMRF are independent organizations (component units) and are not included in the overall City of Englewood budget. 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 RFP is not required for Professional Services per Charter – Article X, Part IV, Section 113. CLA provides unique professional services to match our needs in a variety of areas that encompass a performance audit. Page 55 of 71 Page 56 of 71 Page 57 of 71 Page 58 of 71 Page 59 of 71 Page 60 of 71 Page 61 of 71 Page 62 of 71 Page 63 of 71 Page 64 of 71 Page 65 of 71 Page 66 of 71 CliftonLarsonAllen8390 East Crescent Parkway, Suite 500Greenwood Village, CO 80111Page 67 of 71 Page 68 of 71 Page 69 of 71 Page 70 of 71 Page 71 of 71